Category Archives: Copyright & royalties

Copyright Directive: green light from the Italian CdM to the transposition legislative decree. The main changes of the reform  

copyright directive

After the expiration of the transposition deadline set for June 7, 2021 (with consequent start of the infringement procedure by the European Commission), on November 4th the Italian Council of Ministers approved definitely the legislative decree that transposes the 2019/790 EU Directive on copyright and related rights in the digital single market (the so-called Copyright […]

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 […]