1,721,091 research outputs found
Piracy Shield, diritto d’autore e monopoli intellettuali: il caso italiano
Barbara Pasa investigates the contemporary phenomenon of digital piracy, starting with Carl Schmitt’s political theory. Drawing connections between maritime piracy and today’s digital pirates, the author explores how copyright law, institutional power, and technological control shape access to information. Examples such as Sci-Hub, UbuWeb, and the Guerilla Open Access Manifesto by Aaron Swartz highlight the tension between intellectual property regimes and the ethical imperative to share knowledge. The recent Italian legislation introducing the Piracy Shield system is critically examined as a case of how legal frameworks increasingly reflect monopolistic tendencies in the digital domain
Reproduction, Re-use and open access
Comments on the reproduction and reuse of public domain works, touching on the issue of ‘artistic’ reuse of works more in general. Elaborating critically on ‘the culture of permission’, in this piece the author focuses on how reuse is achievable only under certain limited conditions, worthy to be investigated. The author hence explores the extent to which the EU legal framework is concerned with incentivising the economic exploitation of public domain materials and maps out the legal and policy measures adopted by an important heritage institution in Venice, the MUVE (Fondazione Musei Civici di Venezia, a private entity responsible for eleven Venetian museums), proposing two main case studies – the Natural history Museum of Venice and the Historical Archives of Contemporary Arts of the Venice Biennale (ASAC)
L’allargamento della UE verso l’Europa centro – orientale: aspetti giuridici
RAPPORTO SULL'UNIONE EUROPE
recensione Gemeinsame Prinzipien des Europäischen Privatrechts / Common Principles of European Private Law, curato da a R. Schulze, G. Ajani, con prefazione di R. Schulze
Hoge Raad, Judgment of 22 February 2002, on compensation for psychiatric injury and emotional distress suffered by close relatives: Italian Case Note
Italy: National Report
Rapporto nazionale sull'utilizzo e applicazione della Convenzione di Vienna sulla vendita internazionale di merci in Italia
Strategie argomentative fondate sulla “buona fede” nella dottrina e nella giurisprudenza spagnole: riflessioni storico - comparatistiche
Industrial design and artistic expression : the challenge of legal protection
The complex nature of industrial design, which combines functional and aesthetic elements, allows for different modes of protection, with cumulative, separate or partially overlapping regimes applicable according to different legal systems. The legal framework is rapidly changing, especially in Europe where the principle of cumulation of a special sui generis regime for protecting industrial design with copyright rules has been established. Over the last decade, the national courts of some Member States construed the “cumulative regime” with a peculiar meaning, while other courts enforced design rights in line with the interpretation given by the Court of Justice of the European Union. The copyright/design interface is presented here to a wider, non-specialist audience, taking as a starting point the notion of industrial design derived from design studies, on the borderline between art and science. Other challenges which will need to be confronted urgently over the coming years are also raised
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