Category Archives: Copyright & royalties

EU Court of Justice: the usage of a protected work as evidence in a trial does not infringe copyright

transmission of a work protected by copyright

The Court of Justice of the European Union (CJEU) stated that the transmission of a work protected by copyright to a court, as evidence in a judicial proceeding between individuals, does not fall within the concept of “communication to the public” referred to in Article 3(1) of Directive 2001/29 (so-called “Infosoc Directive”). The case The […]

Copyright protection for “concept” store confirmed but to pay compensation objective criteria are needed

The Court of Cassation, with judgement no. 8433 of April 30th 2020, confirmed once again that a project of interior design can benefit from the protection provided by art. 5 n. 2 of the Italian Copyright Law. The interior design of a store can be protected if it contains: “ a unified project, a pattern […]

WIPO PROOF: the new online service to protect digital assets

WIPO PROOF

On May 27th 2020, the World Intellectual Property Organization (WIPO), the leading authority on protection of industrial and intellectual property, presented WIPO PROOF, a new online service that provides a tamper-proof evidence of the existence of a digital file at a precise point in time. By uploading the file on the website https://wipoproof.wipo.int/ and paying […]

Citation in a book and copyright infringement

diritto dautore

Newspaper and magazine articles fall under the work of arts protected by copyright. Articles 38-45 of the Italian Copyright Law explicitly recognizes them as creative works. Jurisprudence confirms the protection of the single article and which was also recognized with judgment no.  12314/2015 by the Supreme Court of Cassation. Nevertheless, the Italian Copyright Law includes […]