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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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No Injunction on the Film ‘Nyay: The Justice’: Is It Really Just?

SpicyIP

Among the many grounds was the court’s refusal to afford post mortem protection to personality rights of the actor. I shall specifically be dealing with the contention around publicity rights. The plaintiffs’ claim which demanded recognition of post mortem rights thereby did not find favour with the court.

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SpicyIP Weekly Review (July 10 – July 16)

SpicyIP

We also came across the Delhi High Court orders on the interplay between the Patents Act and the Competition Act, and on the inheritability of personality rights. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor. Her area of interest lies in IP and corporate law.

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Never Too Late: If you missed the IPKat last week!

The IPKat

Arijit Singh, a globally recognized award-winning Bollywood playback singer and composer wanted to protect his publicity and personality rights, after the misuse of AI technology to create deepfake recordings of his voice, misleading events that falsely implied his endorsement, and the registration of domain names bearing his name.

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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 petitioner contented that Jayalalithaa’s personality rights and her family’s privacy rights should be protected and that the productions may be incorrect and misleading.

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