#EU#Italy#PD#PublicDomain#CulturalHeritage: "Third, the Italian legal system fails to safeguard the human and fundamental rights of cultural participation and artistic freedom. By establishing a disproportionate, unnecessary, and hardly accountable mechanism of centralised control over the use of public domain cultural heritage, Italy fails to take a holistic account of all relevant rights and interests at stake, ignoring the rights to access, use, enjoy, and participate in cultural heritage.
The Italian case is not expected to be peculiar nor isolated in the EU. Several Member States feature specific rules on cultural heritage in their national legal system and their interplay with the transpositions of Article 14 CDSM Directive remains, to date, unclear (see, among others, Markellou).
Clear-cut regulatory clarifications and balanced and systematic legal interpretations are utterly needed to address and prevent all potential legal inconsistencies in the interplay between copyright and cultural heritage. This would be significantly more effective if performed at the EU level through legal reform (not excluding interventions on competence rules), specific clarifications by the EU legislator, or autonomous interpretation by the Court of Justice of the EU."
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