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Marta Arisi

Reproductions of visual art works in the public domain: the art. 14 of the Digital Single Market Copyright Directive and the transposition in Italy

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Abstract

Art. 14 of the Digital Single Market Copyright Directive shall be welcomed as a needed, if not definitive, passage towards further legal certainty and wider access to cultural contents in the digital and cross-border dimension. However, the realization of its ambitious objective might prove difficult due to some ambiguities, and primarily the absence of a definition of works of visual art, but especially for the complex juridical scenario evoked, at the interplay of the Copyright law and, possibly, norms belonging to different domains. This seems particularly true in the Italian context and this contribution tries to give account of the challenges in the ongoing transposition efforts, with special focus on related rights in photographs and on the laws on cultural heritage and landscape, while offering a few comparative insights.

Keywords

  • Art. 14 Digital Single Market Copyright Directive
  • Public Domain
  • Reproduction
  • Works of Visual Art

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