Category Archives: Copyright & royalties

The Court of Miami exonerates Cattelan’s Banana

Copyright Infringement

By ruling of June 9th 2023, the District Court of Florida stated that the work of art “Comedian” by Cattelan -representing the famous banana taped on a wall – does not infringe the copyright on Joe Morford’s work Banana and Orange. The case: Maurizio Cattelan’s Comedian accused of copyright infringement In 2001 the US conceptual […]

Musical Plagiarism of an Unpublished Work

musical plagiarism of an unpublished work

The Court of Milan recently ruled on a case of alleged musical plagiarism concerning a song considered to be similar to another song previously filed as unpublished work at SIAE. The requirements of musical plagiarism Preliminarily, the Court restated some important principles in order to establish the existence of musical plagiarism. On one hand, it […]

Michelangelo’s David: even cultural heritage benefits from the right to image

right to image cultural heritage

With ruling of April 21st 2023, no. 1207/2023, the Court of Florence stated that, like natural persons, even cultural heritage benefits from the right to the image, ordering a publisher to pay the damages caused by an unauthorized publication of the image of the work of art. The case The Ministry of Cultural Heritage and […]

Hosting Provider: the Court of Rome clarifies the area of responsibility of the passive hosting

hosting provider

The Court of Rome, with decision no. 5700/2023 of 7 April 2023, ruled on the matter of the hosting provider responsibility for copyright infringements carried out by users of the platform. The case The case submitted to the Court of Rome concerned the abusive diffusion, on a video sharing platform, of a high quantity of […]