Open Letter
the Secretary of State for Cultural Heritage and Activities Andrea Marcucci
And Knowledge
to the Minister of Communications, the Minister of Education, the Minister of Justice, the Minister for Heritage and cultural activities, the President of the Council.
This term has been already submitted three copies of parliamentary questions to Ministers [1] [2] [3], asking the government what will you do to change a situation which effectively prevents legal web publication of illustrated articles for discussion and critique of works of 'contemporary art, or even old, but keep in Italian museums.
In all three of the Secretary of State for the material and cultural Andrea Marcucci gave essentially the same answer: the law and this is okay:
"the text now in force Article 70 of Law on Copyright reproduces the substance of the U.S. law on fair use.
not true, the text allows only citation of parts of works [4], and a case is not technically informed, but established by a ruling of the Supreme Court [5], the fact that a low-resolution photos of a 'work of' art constitutes part or summary, as would be logical and fair, it contains a minimum percentage of 'original information.
"Finally, for the opportunity, reported dall'interrogante to introduce in the Italian law" on freedom of panorama "[...] The Italian law is clear on the right of ' author makes no exception for photographs taken in public places "
Secretary Thanks, I knew: this is a response 'to insult' understanding of both the parliamentary questioning of the volunteers who care to donate to the world with reliable and independent information sources in a zero price, whose concerns were racccolte parliamentarians , their most attentive representatives.
The question was not "exactly what the law says," we can read ourselves, but "if the Government finds it necessary to" take steps to change it. His answer is a depressing "NO".
With this response, Secretary, She switches off the program on which I have given my vote [6], which provides: "Developing new forms of intellectual property protection, particularly in digital, balancing the rights of authors and publishers with the common interest to the widest possible dissemination of culture and ideas. "
The Italian law and legal practice today places increasing emphasis on commercial exploitation, and museums by the heirs of owners of any image, even against the support to a 'teaching or scientific exhibition, even if that exploitation potential and is purely hypothetical. With that in fact hinder the diffusion of culture.
What is more important:
- concern that an electronic network puzzle of a painting by Picasso could hurt sales of similar puzzle authorized by the heirs, or the capture of 'interest of a boy on the shapes and colors used by the great contemporary painters?
- concern that a photograph published in the Milan station network would reduce the sales of any book that mentions his architecture progettsta stick or the dissemination of knowledge of his actions?
- the profit gain from the Museums of Florence authorizing the taking of pictures in them, or spread knowledge of what works to preserve the museums themselves are born and are supported by our tax breaks?
Secretary, she always gives the first and most narrow-minded response, in defense of private garden plots are often left fallow, and that will never produce anything, even if cultivated will make marginal profits infinitesimally small compared to the damage that causes their defense to the bitter end. That puts the government to which it belongs, which I voted, did vote and I continue to support.
re-read the relevant parts of the government program that is trampling, reproduced below [7] and face personally promoted a law that explicitly treats An abstract digital reproductions with informative certainly less than the 'one percent' s original work: a limit that, given the progress of the theory of 'information, it is perfectly measurable and adequately protect any author or publisher [8].
or do the ministers who read a copy.
January 2008
Thomas Russo, Trieste (RSSTMS47E22L424A)
[3] http://banchedati.camera.it/sindacatoispettivo_15/showXhtml.Asp?idAtto=14521&stile=6
[4] # 70 http://www.interlex.it/Testi/l41_633.htm
[5] http://www.siae.it/documents/BG_Normativa_CassazioneSentenza11343-1996.pdf
[6 ] http://www.fabbricadelprogramma.it/adon/static/programma-unione.pdf
[7] See below
[8] http://www.daimon.org/ lib/BOZZA_PeriziaDiParte2007.01.24.pdf , also see http://www.apogeonline.com/webzine/2007/03/02/19/200703021901
[7]
For the good of Italy.
Government Programme 2006-2011
know is to grow
- The right to learn throughout life ...
More information, more freedom
- The right to communicate and to be informed
affirm the right to communicate their thoughts and values, the right to inform and be informed, as fundamental rights and will work because they are fully implemented.
We want the area of \u200b\u200bcommunication and information are public interest, free, open and accessible to all. We want this space to be moved from a competition driven by the power of ideas, and for this we will implement policies to protect the citizens and development of technology for a true welfare of the communication.
- New media and innovation
reiterate the nature open Internet, guaranteeing freedom of access and expression, avoiding indiscriminate forms of control. We believe priority to promote the ability to use the tools on the net: this capacity is now an integral part of citizenship. [...] Also defend the freedom of the Internet even at international level, in the face of a growing recourse to forms of censorship and authoritarian control.
To make free space information we need to ensure plurality and freedom, but also:
...
- promotion of new technologies for political participation, social and cultural
- promotion of production and distribution of content from affiliated entities;
...
- development of new forms of intellectual property protection, especially in the digital world, balancing the rights of authors and publishers with the common interest to the widest possible dissemination of culture and ideas;
.. .
- recognition of the social value of open content, tools and information channels, particularly in the field scientific research;
- improvement and promotion of non-commercial licenses, open source software and open standards; ...
The richness of the culture
Our country has a priceless cultural treasure, that in a postindustrial society can become the primary source of social growth and economic spread.
...
protect and enhance cultural resources, harmonizing with the territory and its citizens' lives also brings clear benefits to industry of leisure and tourism.
- Valuing our heritage and artistic
cultural heritage is a heritage of the community and constitute the identity of our country, its history, his memory. ... We have a responsibility to transmit this heritage to future generations, so that they retain the values \u200b\u200bof knowledge and experience which it is active carriers.
are precious resources that the Republic has the duty to preserve, protect and enhance, as stated in Article 9 of the Constitution.
These resources are our antidote to globalization, but we also need to improve the conditions of use and ensure, within the areas determined by the need to safeguard for the use of knowledge and enjoyment.
- o -
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