Category Archives: Copyright & royalties

The use of the image of a famous person is lawful if it shows them in activities connected to their notoriety

image of a famous person

In a case concerning a well-known football player, who later on became a politician, Italy’s Supreme Court of Cassation – after an attentive analysis of the facts of the dispute – quashed the judgement no. 5246 of December 14, 2017 issued by the Courts of Appeals of Milan confirming the decision of the Court of […]

Music piracy: the Court of Milan accepts the appeal of Sony, Universal and Warner against Cloudflare  

music piracy

With judgment of July 11th 2022, the Court of Milan accepted the appeal presented by Sony, Universal and Warner against Cloudflare Inc., ordering to block the DNS resolution of any website allowing to unlawfully download torrent files. The DNS (Domain Name System) is a system which allows to convert the numeric strings composing the IP […]

The source codes of a graphic work can be transferred only with an express agreement

source files of a graphic work

The issue objected of the examination of the Italian Supreme Court of Cassation focuses on who is the owner of a work created on a commission basis. Even though this is a well-known topic, it does not find in the case-law of merit a peaceful agreeable solution. Before appealing to the Court of Cassation, the […]

The qualification as author of an intellectual work in the “conceptual art” era: the idea prevails on the execution.

ownership of the intellectual work

The case Maurizio Cattelan vs Daniel Druet puts at the center of the controversy between the two artists the ownership of the intellectual work made on commission. On July 8th 2022, the Court of Paris rejected, for a procedural technicality, the request of Daniel Druet, a French sculptor of wax works, to be declared the […]