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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

When it comes to celebrities and other public figures, the laws across Canada have established various personality rights to protect these individuals from the exploitation of their image or likeness. This stems from the idea that a person should have the exclusive right to market and/or capitalize on their personality and image.

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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

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. In 2016, Condé Nast acquired a license from the Warhol Foundation to use the Prince Series as illustrations for a new 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. Building and enhancing the EU Digital Single Market is a quintessential component and the raison d’être of the EU law provision.