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The EU imperative to a free public domain: The case of Italian cultural heritage

Kluwer Copyright Blog

Image via Staatliche Museen, Berlin, Gemäldegalerie / Christoph Schmidt Public Domain Mark 1.0 The human right to cultural participation has become a pillar of protecting and empowering individuals and communities.

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Michelangelo’s David and cultural heritage images. The Italian pseudo-intellectual property and the end of public domain

Kluwer Copyright Blog

So, the analogical link to civil personality rights would like to allow the introduction in the Italian legal system of a tort (extra-contractual liability) under article 2043 of the Civil Code for violation of an absolute right of the “person” State. 106), the instrumental use and reproduction (art.

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The puzzled tie of copyright, cultural heritage and public domain in Italian law: is the Vitruvian Man taking on unbalanced proportions?

Kluwer Copyright Blog

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

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Part I: The Right to Publicity: 31 Years Since Madow’s Scathing Verdict, Yet…….The Show Must Go On?

SpicyIP

Views expressed here are personal.] Ex Parte Orders on Personality Rights Courts lately have been passing a slew of ex-parte ad interim orders against Generative Artificial Intelligence (‘gen AI’ ) models for training their models using the voices of celebrities, and for producing output that reciprocates the celebrity’s voice.

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A Look Back at India’s Top IP Developments of 2021

SpicyIP

However, in its final judgment the Court noted that the generalized principle of upholding the right to be forgotten would open floodgates and cause confusion. The Court held that the use of the Google Ads program undisputedly qualifies as advertising, which falls under Indian trademark law. Hero Electric Vehicles Private Ltd v.

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Safeguarding Personal Names

Biswajit Sarkar Copyright Blog

However, the prevalence of unauthorized use of renowned person names in advertisements has become a concern. Many companies exploit renowned person identities without obtaining proper consent, leading intellectual property experts to advocate for the safeguarding of image rights through registration under Intellectual Property laws.