FUMUS BONI JURIS (III) On freedom of display of the 40. As noted in terms of lack of legal standing of the Foundation, it is undisputed that the challenged Word has been created exclusively by the Artist Kambalu, without any intervention of the Foundation. 41. As the Foundation had no role in the alleged illegal reproduction and / or reworking of the Situationist Archive of the Plaintiff, we should determine whether the Foundation has committed some unlawful behavior by merely publicly displaying the alleged reproductions or " detourned " reworking made the Artist Kambalu of some of Plaintiff’s works within its own critical work / satirical work, being clear of the total absence of any commercial exploitation of the works of the Plaintiff by the Foundation ( see above). 42. The answer is necessarily negative. 43. Among many copyrights reserving exclusive uses to the author of an artwork according to Copyright law (see Art . 12 and following, Law 633/1941 ), there is not therefore included the right of public display, as already explained above. 44. Then, once the work is out of the author’s availability - and in this case one can hardly speak of unpublished works, as with the willing transfer of the same to the Beinecke Library then Sanguinetti made them available to the public, it is clear that none of the works of Sanguinetti’s Situationist Archive may be considered unpublished then they may legitimately be exposed by anyone. – 45. Then the request to the Foundation, of not exhibiting which reproduce Plaintiff’s works (which are no longer unpublished) lacks of any legal basis. (IV) On the attitude of the Situationist movement against the détournement and the general license of use of its own materials 46. already seen, Kambalu’s Work is a critical and satirical application of the basic principles of Situationism, of which the Plaintiff was one of the ideologues and strong exponents (but then he betrayed them with the aforementioned sale to Beinecke Library). 47. It is therefore important to verify if, according to the of the Situationism, that Work is unlawful. It would be paradoxical if Situationists supported and encouraged for years the use, appropriation and the détournement of works by third parties - as well as of their own ones - and then suddenly file a lawsuit against those who accepted these
FUMUS BONI JURIS (III) On freedom of display of the 40. As noted in terms of lack of legal standing of the Foundation, it is undisputed that the challenged Word has been created exclusively by the Artist Kambalu, without any intervention of the Foundation. 41. As the Foundation had no role in the alleged illegal reproduction and / or reworking of the Situationist Archive of the Plaintiff, we should determine whether the Foundation has committed some unlawful behavior by merely publicly displaying the alleged reproductions or " detourned " reworking made the Artist Kambalu of some of Plaintiff’s works within its own critical work / satirical work, being clear of the total absence of any commercial exploitation of the works of the Plaintiff by the Foundation ( see above). 42. The answer is necessarily negative. 43. Among many copyrights reserving exclusive uses to the author of an artwork according to Copyright law (see Art . 12 and following, Law 633/1941 ), there is not therefore included the right of public display, as already explained above. 44. Then, once the work is out of the author’s availability - and in this case one can hardly speak of unpublished works, as with the willing transfer of the same to the Beinecke Library then Sanguinetti made them available to the public, it is clear that none of the works of Sanguinetti’s Situationist Archive may be considered unpublished – then they may legitimately be exposed by anyone. 45. Then the request to the Foundation, of not exhibiting which reproduce Plaintiff’s works (which are no longer unpublished) lacks of any legal basis. (IV) On the attitude of the Situationist movement against the détournement and the general license of use of its own materials 46. already seen, Kambalu’s Work is a critical and satirical application of the basic principles of Situationism, of which the Plaintiff was one of the ideologues and strong exponents (but then he betrayed them with the aforementioned sale to Beinecke Library). 47. It is therefore important to verify if, according to the of the Situationism, that Work is unlawful. It would be paradoxical if Situationists supported and encouraged for years the use, appropriation and the détournement of works by third parties - as well as of their own ones - and then suddenly file a lawsuit against those who accepted these
Nyau%20Philosophy%20Final%20corrections%20291017.docx