Critical issues presentations/A pseudo-copyright beyond public domain? Limits for reproducing and sharing the cultural heritage

From Wikimania 2016 • Esino Lario, Italy
Submission no. 160
Title of the submission

A pseudo-copyright beyond public domain? Limits for reproducing and sharing the cultural heritage

Author of the submission
  • Simone Aliprandi
Country of origin

Italy

Topics

Policy

Keywords
  • copyright
  • public domain
  • commons
  • cultural heritage
  • panorama
  • database rights
Abstract

Copyright has already an incredibly long duration, after which a creative work formally falls in the so called public domain. Anyway there are lots of strategies and “legal expedients” to put limits even over non-copyrighted works, e.g. the strong enforcement of the database rights, the application of contractual terms and restrictive licenses, the addition of limitations based on administrative rules. We can speak of a “pseudo-copyright”. This problem is particularly perceived in Italy, where public authorities seem to be very “jealous” of the public cultural heritage and not so available to share digital pictures existing in the public archives.

Result

Not accepted

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