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Last week Germany’s highest court, the Bundesgerichtshof (BGH), for the 2nd time in less than a decade referred questions related to the Metall auf Metall case to the European Court of Justice. This time the BGH is asking the CJEU to explain the concept of pastiche so that it can determine if the use of […]

The implementation of Article 14 of the Copyright in the Digital Single Market Directive (CDSM Directive) in Italy raises a number of questions regarding the protection of the Public Domain. This article explores these questions by analysing the relationship between Article 14 of the CDSM Directive and the Italian Code of Cultural Heritage and Landscape […]

Artificial intelligence (AI) has taken the world by storm and people’s feelings towards the technology range from fascination about its capabilities to grave concerns about its implications. Meanwhile, legislators across the globe are trying to wrap their heads around how to regulate AI. The EU has proposed the so-called AI Act which aims to protect […]

We certainly didn’t ask for this, but Italy appears to have made it its mission to show why our work at COMMUNIA is as relevant as ever: by launching an attack on the Public Domain. Since October last year, Italian courts have applied the country’s Cultural Heritage Code (hereinafter shortened to “the Code”) in a […]

Products have never lasted forever. Over recent years, however, the average lifetime of products seems to consistently decrease. From fast fashion which typically lasts a single season to electronic devices which swiftly become obsolete as soon as a new iteration or update is released. This development is particularly worrying regarding modern technological devices such as […]

As the summer approaches, we are taking stock of the latest developments in copyright policy debates. The scene-stealer “Generative AI” is prompting a copyright comeback in the EU bubble, forcing everyone to take a position (including us). Yet the conversations that deserve the attention of copyright experts in the months to come are not limited […]

The surge of generative artificial intelligence has gone alongside a renewed interest in questions about the relationship between machine learning and copyright law. In our newly published policy paper #15 entitled “Using copyrighted works for teaching the machine” (also available as a PDF file), we are looking at the input side of the equation within the […]

In our capacity as accredited observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR), we are attending the 43th session of the Committee, which is currently taking place in Geneva (March 13-17, 2023). We made the following statement regarding limitations and exceptions for educational and research institutions and for persons with other […]

In our capacity as accredited observers of the WIPO Standing Committee on Copyright and Related Rights (SCCR), we are attending the 43th session of the Committee, which is currently taking place in Geneva (March 13-17, 2023). We made the following statement regarding the protection of broadcasting organisations (Agenda Item 5): COMMUNIA works to defend the […]

Last Friday, news broke of the order taken by the court of first instance of Venice on a precautionary judgement served by Gallerie dell’Accademia di Venezia, a public museum under the Italian Ministry of Culture. At stake: a Ravensburger puzzle representing the famous 1490s drawing Vitruvian Man by Italian Renaissance genius Leonardo da Vinci. The […]