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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 In this context of international and EU legal obligations to protect cultural rights, the EU has set a legal imperative to protect the public domain.

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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

In particular, under EU law the Italian public cultural property seems to be inconsistent with art. 14 of the CDSM 2019/790 directive on works of visual art in the public domain. More from our authors: Guide to EU and UK Pharmaceutical Regulatory Law, Eighth Edition by Sally Shorthose € 265

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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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False Patent Marking as False Advertising: Overcoming Dastar

Patently-O

by Dennis Crouch The Federal Circuit is set to consider the use of terms like “patented,” “proprietary,” and “exclusive” in commercial advertising can be actionable under § 43(a)(1)(B) of the Lanham Act when their use is not entirely accurate. Crocs largely prevailed in those actions.

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Trademark Considerations for Copyrighted Works in the Public Domain

LexBlog IP

Because copyright protection has a set term, copyrights in certain works necessarily expire each year and enter the public domain. Once a work has entered the public domain, it no longer retains copyright protection and cannot stop use of the work by others based on its prior copyright rights.

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[Guest post] Can the owner of an artistic work convert it into an NFT for its use in the Metaverse?

The IPKat

Thus, the owner of a canvas, in general, cannot make reproductions of the work it contains and distribute these copies or make them available on the Internet, unless such work is in the public domain or is subject to any limitation or exception to the rights of its author [see IPKat here ].

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accusing someone of patent infringement can be actionable disparagement if you know the patent's invalid

43(B)log

28, 2023) Cap Export alleged that Zinus fraudulently obtained a patent after Zinus used the public domain bed-in-a-box sets of a non-party as the basis for its patent application. million consent judgment, which defendants touted in a press release and advertised on Zinus’s website even after the court vacated the stipulated judgment.