Hosting providers are responsible if there is reprocessing of information

The Italian Administrative Court, with the recent judgment n. 3851/2021, ruled on the responsibility of the hosting provider in light of the legislative decree 70/2003 which implemented Directive 2000/31/EC. As the Italian Administrative Court recalls: “The provider is the entity that organizes for its users the offer to access to the Internet and the services connected […]

Posting pictures of a celebrity without their consent creates a damage that must be compensated

The Court of Cassation, with order no. 17217 of June 16th 2021, reiterated the compensation for financial damage in the case of unlawful publication of celebrities’ personal data. The story, which began in 2009, had as its protagonist an internationally renowned actor photographed while being intimate with his partner during a holiday in Italy. The […]

The owner of a luxury brand has the right to oppose sales through unauthorised e-commerce

The Court of Milan, with the order n. 3755 of 11 May 2021, established that sales methods, even through online sites, of a retailer outside the selective distribution network of a luxury brand that are detrimental to the prestige and reputation of the same can be prevented. In this case, in fact, the principle of […]

Andy Warhol and his portraits of Prince infringe copyright  

According to NY Court of Appeals for the Second Circuit, the famous series of iconic portraits of Andy Warhol depicting Prince and inspired by the photograph taken in 1981 by Lynn Goldsmith infringes the copyright of the original photo. The judgment of March 26, 2021 overturned the decision of first instance which in 2019 had […]