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

Kluwer Copyright Blog

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. Italian Courts followed suit putting forward creative judicial engineering of new forms of exclusivity on Italian cultural heritage artworks in the public domain.

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SpicyIP Weekly Review (January 6 – January 12)

SpicyIP

Here is our recap of last weeks top IP developments including summaries of the posts on Lemleys and Hendersons paper on AI Terms of Use Restrictions, CGPDTM order on the removal of a patent agent, Delhi HC order on disclosure of a PhD and Public Interest Need in Personality Rights cases. Anything we are missing out on?

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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

1] The artwork is held by the Italian state museum Gallerie dell’Accademia of Venice, which, along with the Italian Ministry of Culture, initiated the precautionary proceeding against the German company Ravensburger and its Italian subsidiary for producing and selling the puzzle and reproducing the work’s image. 633/1941, l.

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Traditional Tattoos on the Red Carpet: Continuing the Conversation of Collective Ownership

IPilogue

These events point to two prevalent issues within the current legal framework: First, that current intellectual property laws do not properly acknowledge collective ownership over shared culture within Indigenous communities and second, whether tattoo designs have the potential to be protected through copyright laws. Of note, in DRG Inc.

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The clash of artistic rights: Warhol, Goldsmith, and the boundaries of copyright in Brazil and in the U.S.

Kluwer Copyright Blog

Goldsmith et al sheds light on different perspectives of copyright law in common law and civil law countries. Firstly, both Brazilian and American legislation stipulate that the creator of a work holds copyright over it. However, this may not be necessary in certain cases where copyright limitations apply.

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SpicyIP Weekly Review (December 18- December 24)

SpicyIP

From an in-depth discussion on the terms of copyright and translations in India to the recent UK Supreme Court’s order regarding the patentability of inventions by an AI, we had some engaging posts on this blog this week. To read these, along with a round up of IP developments around the country, and world, read on below.

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Reading list: Margaritha Windisch, Unveiling the Bond Between Artists and Their Work: A Vignette Study

43(B)log

The study provides evidence for the personality-rights theory of copyright law, predominant in continental Europe, which emphasizes a close personal bond between creators and their creations. While there is no significant di!erence

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