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 […]
On June 18th, we hosted our first online salon in 2024 on the hollowing out of the Public Domain through cultural heritage laws with a particular focus on Italy. In recent years there have been a number of problematic court cases around the commercial reuse of Public Domain works held by Italian cultural heritage institutions. […]
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 […]
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 […]
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 […]
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 […]
Last Friday, news broke of the order taken by the court of first instance of Venice on a precautionary judgement served by Gallerie dell’Accademia di Venezia, a public museum under the Italian Ministry of Culture. At stake: a Ravensburger puzzle representing the famous 1490s drawing Vitruvian Man by Italian Renaissance genius Leonardo da Vinci. The […]
The legislative decree implementing the CDSM Directive in Italy was adopted on November 8th, 2021, and published in the Gazzetta Ufficiale on November 27th. It came into force on December 12th, 2021, amending the Italian Copyright Law (April 22nd 1941, n.633 – Legge sul diritto d’autore, referred to below as “LdA”). This blog post analyses […]
