The introduction of new exclusive rights should be conditioned on strict criteria based on the principle of proportionality and clear economic evidence. Should there be a clearly demonstrated need for a new exclusive right or the expansion of subject matter covered —including related or sui generis rights— the introduction should be subjected to an experiment by letting the new right expire after a predetermined number of years unless a clearly defined public interest benefit has been demonstrated.
Since the beginning of the year, we have fleshed out proposals for measures that should be included in a Digital Knowledge Act — a targeted legislative intervention that enables libraries, archives, universities and other knowledge institutions to offer the same services online as offline. In a series of six policy papers, we identified the constraints […]
The end of the copyright protection for Walt Disney’s 1928 short film “Steamboat Willie” – known as the first-ever appearance of Mickey Mouse – was met with great interest by the international media and among artists. Yet, a little-noticed international treaty has the unexpected effect of extending the protection for the film under the copyright […]
In Italy, the use of images of cultural heritage in the Public Domain is still subject to heated debate. This blog post provides an update on the situation, presenting a recently adopted ministerial decree, which facilitates the use of such images in scientific publications. While the decree is a step in the right direction, it […]
Today, COMMUNIA is releasing Policy Paper #20 on the right to use Public Domain heritage (also available as a PDF file), in which we address the restrictions imposed by a number of Member States on the use of reproductions of Public Domain works. The cultural heritage laws of Bulgaria, France, Greece, Italy, Portugal and Slovenia […]
Background The right of access to, and enjoyment of, culture is a fundamental principle that is enshrined in legal texts at national, EU and UN levels. Among others, this principle informs copyright legislation, notably by establishing the need for limitations to the scope of exclusive rights. In extension, it buttresses the special status of the […]
On Tuesday, June 18th, 15:00-16:00 CEST, we invite you to an online salon on the alarming development of the hollowing of the Public Domain through cultural heritage laws with a focus on Italy. Under the Italian cultural heritage code, many uses of cultural heritage held in Italian collections are contingent on authorisation and the payment […]
The Italian Ministry of Culture has taken legal proceedings in Italy against a number of commercial uses of Public Domain works held in Italian collections. Defendants included GQ Italia (for using Michelangelo’s David on a magazine cover), Jean Paul Gaultier (for using Botticelli’s The Birth of Venus in a clothing collection) and, of particular interest […]
Recent Italian courts cases concerning the reproduction of works held by Italian cultural heritage institutions ignore Article 14 of the CDSM Directive. Instead of following the intent of the directive to ensure that faithful reproductions of public domain works remain in the public domain, the Italian lawmaker extends new exclusive rights over public domain works […]
For more than seven decades, international law has consistently led countries to embrace culture as a global and cross-border value for humanity. The human right to cultural participation has become a pillar of protecting and empowering individuals and communities. At the EU level, the competence to legislate on cultural matters is mostly left to the […]
This independent expert opinion, commissioned by COMMUNIA to Giulia Dore and Giulia Priora, inquires about the compatibility of the Italian legal system with EU law at the intersection of cultural heritage and public domain artworks. This study is motivated by the Italian implementation of Article 14 CDSM Directive and recent case law concerning the reproduction […]
