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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

As in the Tribunale di Venezia and Tribunale di Firenze’s decisions, the idea is to transform the State into a commercial actor competing with other companies in the market of the commercial reproduction of cultural heritage images. The decisions of both the Tribunale di Venezia and the Tribunale di Firenze share some conceptual confusion.

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Unauthorized Photographs: The Rights Of The People We Capture

Canadian Intellectual Property Blog

The rights in these photographs are typically subject to the licensing schemes of the various social media platforms to which they are posted. This is because the authors of these works, the photographers, own copyright in the images they create. This is of course subject to certain exceptions (e.g., biographies, plays, books, etc.)

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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. In 1984, Condé Nast, the publisher, obtained a license from Goldsmith to allow Andy Warhol to use her Prince portrait as the foundation for a single serigraphy to be featured in Vanity Fair magazine.

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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. This results in violating the principle of the numerus clausus of intellectual property rights and a significant distortion in the implementation of EU law in the country.