This puzzle is illegal in Italy! Everyone buy a copy!
https://cdon.fi/lelut/ravensburger-15250-palapeli-kuviopalapeli-1000-kpl-taide-p82798980
(Reference: https://www.ilpost.it/2023/02/24/pagare-diritti-puzzle-uomo-vitruviano/ )
@nemobis under Italian law, cultural heritage historic stuff is free for personal or non profit purposes. (the idea is that if you exploit something for business you contribute something to the conservation and restoration costs)
so the image is not illegal.
what is illegal is exploiting it for profit without contributing to its conservation costs.
@quinta Nope. EU law is clear, this puzzle doesn't need any authorisation. Yet it's subject to a court order claiming the contrary.
Have you read https://zenodo.org/record/7655286 and https://zenodo.org/record/7679296?
@nemobis I am not arguing about the inconsistency with EU law.
cultural heritage stuff is protected in Italy under this provision which clearly states that they are free for non commercial uses. (sort of cc-nc licence)
this is a fact (art. 108 codice beni culturali)
if you are correct and this is inconsistent with EU law, it will be easy for this multinational to appeal, win the case and eventually lead Italy to an infraction procedure
@quinta @nemobis Put this way, I'd argue that the Italian law is, in fact, superior to the EU law in this case.
A good belongs to #Commons only when rules exists that protect it from careless private exploitation.
And while for intellectual artifact like software and "digital" contents this should means that when something enter the public domain, its use and derivation should be bound to share-alike rules, it sounds reasonable that for physical good like artistic masterpieces, this means that private profit drawn from a reproduction should contribute to the preservation of the original artwork.
I know that @nemobis won't agree though... 😃
@nemobis No, I didn't.
I will read it... asap
@Shamar This is not about physical reproduction.
Have you read https://www.wikimedia.it/news/aspetti-costituzionali-della-riproduzione-fotografica-di-beni-culturali/ ?