Category Archives: Copyright & royalties

Copyright Directive: Munich Court sentences Tik Tok

By judgment of February 9th 2024 (42 O 10792/22), the court of Munich has sentenced Tik Tok for diffusing copyright protected contents without authorization and, most of all, for not making best efforts to try to obtain the authorization from the rightsholder, as requested by the Directive (EU) 2019/790 (so-called Copyright Directive). The case In […]

A Joint Study on Implications of NFTs

The U.S Copyright Office and the United States Patent and Trademark Office (USPTO) recently published a joint study (“Non-Fungible Tokens and Intellectual Property – A Report to Congress”) to evaluate if the existing laws are adequate to address the infringement issues associated with Non-Fungible Token (NFT). The work of the U.S Copyright Office and the […]

The protection of a commissioned rendering: the decision of the court of Florence

The Court of Florence with ruling no. 935 of March 27th 2023, gave and important decision on copyright infringement and protection of a rendering. A rendering is the process of generating an image or animation on the basis of a starting model, through the use of a specialized software. According to the constant case law, […]

The use of others’ intellectual works in advertising contents

copyright in advertising

The boundary separating a legitimate reproduction of an iconic design work from the illicit exploiting for promotional purposes is very feeble. It is necessary to distinguish a justified and accidental reproduction from the intentional use aimed at gaining advantage from others’ reputation. An important Paris ruling has recently intervened on this matter, reaffirming and clarifying […]