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.
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 […]
In our capacity as accredited observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR), we are attending the 45th session of the Committee, which is currently taking place in Geneva (April 15-19, 2024). We made the following statement regarding the protection of Broadcasting Organizations (Agenda Item 4): Dear Delegates, The proposed broadcast […]
This is the fourth blog post in our series on trends in national copyright policy following the DSM implementation. With the national processes finalised in all but one Member State, we’re evaluating the transpositions to understand the impact of our proposals, identify areas of convergence and divergence, and assess how those affect the position of […]
This is the third entry to a series of blog posts highlighting the positive and negative trends in national copyright policy following the DSM implementation. With the implementation process finalised in 26 out of 27 Member States, we’re comparing the national implementations to understand the impact of our proposals, identify areas of convergence and divergence, […]
The implementation of Article 14 of the Copyright in the Digital Single Market Directive (CDSM Directive) in Italy raises a number of questions regarding the protection of the Public Domain. This article explores these questions by analysing the relationship between Article 14 of the CDSM Directive and the Italian Code of Cultural Heritage and Landscape […]
We certainly didn’t ask for this, but Italy appears to have made it its mission to show why our work at COMMUNIA is as relevant as ever: by launching an attack on the Public Domain. Since October last year, Italian courts have applied the country’s Cultural Heritage Code (hereinafter shortened to “the Code”) in a […]
As the summer approaches, we are taking stock of the latest developments in copyright policy debates. The scene-stealer “Generative AI” is prompting a copyright comeback in the EU bubble, forcing everyone to take a position (including us). Yet the conversations that deserve the attention of copyright experts in the months to come are not limited […]
