Category Archives: Copyright & royalties

Legal protection of the software: the decompilation of the software is legitimate in case of errors

decompilation of the software

With a judgment of October 6, 2021, issued in case C13/20, the European Court of Justice clarified that the purchaser of a software has the right to decompile it in order to correct the errors that prevent its proper functioning. The case concerned a controversy promoted against the Belgian State by T.S SA, the company […]

The Italian Supreme Court on the legitimacy of the transfer of economical rights of a work without the co-owner consent

transfer of economical rights

With order no 23498 of August 26, 2021, the Italian Supreme Court decided on the admissibility of the transfer of economical exploitation rights of cinematographic works without the co-owner consent. In the case under exam, R., co-owner of rights on some cinematographic works with C., took C. to the Court of Rome for having concluded […]

The Court of Justice of the European Union on the boundaries of copyright trolling legitimacy  

copyright trolling

Copyright trolling refers to the practice of acquiring rights of economical exploitation on protected works for the sole purpose of claiming compensation for damages from those who infringe such rights. The place of choice for this activity can only be the Internet and, in particular, peer-to-peer networks which, as peer networks, guarantee users the sharing […]

Andy Warhol and his portraits of Prince infringe copyright  

filing a trademark in bad faith

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 […]