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.
We have extensively followed the saga around the Italian cultural heritage code, as evidenced by a series of blog posts on lawsuits involving commercial uses of Public Domain works in Italian collections (Galleria dell’Accademia Firenze v. GQ, Gallerie dell’Accademia di Venezia v. Ravensburger, and Uffizi v. Gaultier). In late September, a bottle of vinegar added […]
We’re excited to join the TAROCH Coalition, a global community effort steered by our member Creative Commons to encourage UNESCO to achieve the adoption of a UNESCO standard-setting instrument to improve open access to cultural heritage. The Coalition is led by representatives of a global, diverse community of organisations and institutions involved in cultural heritage […]
On October 2, COMMUNIA hosted an in-person event in Brussels on why Europe needs a Digital Knowledge Act. A video recording of the event is now available (hosted on Vimeo). The event brought together academics, representatives of civil society and EU policymakers to discuss legislative measures that would enable knowledge institutions, such as libraries, archives, […]
Europe is investing heavily in research and innovation, and for good reason. But we have failed to support these interests by clearing the way for the digital transition of libraries, archives, universities and other knowledge institutions that are essential to promoting progress. We need to prioritise reform that focuses on the needs of these institutions. […]
In this publication, we lay out our ideas for 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. Our booklet is structured along four actions to empower knowledge institutions in the digital age: Protect the Public Domain! Unlock […]
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 […]
