Category Archives: Copyright & royalties

The advertising slogan containing third-party famous trademarks cannot be protected

advertising slogan

With the recent sentence of March 14th 2022 no. 8276, the Italian Supreme Court of Cassation stated that an advertising slogan referring to particularly well-known trademarks cannot be protected by copyright. The case The case concerned the advertising slogan “500% FIAT”, designed and filed before the SIAE as an original work by someone who was […]

The integral reproduction of images of works of art in an informatic catalogue is not free

reproduction of images of works of art

With the annotated judgment of February 8th 2022 no. 4038, the Italian Supreme Court of Cassation dealt with a case of images of works of art being fully reproduced in an informatic catalogue for illustrative purposes but not related to teaching or scientific research purposes. The Supreme Court which, facing once again the theme of […]

Illicit use of a photo on the Internet:  the damage according to SIAE tariffs

illicit use of a photo on the Internet

With the sentence of March 22nd 2022, the Court of Naples, having ascertained the illicit use of the rights connected to a photo by a company, condemned it to compensate the damages suffered by the holder of the rights on the photo, quantifying them using the SIAE tariffs. The case involved a German company that owned […]

Publishing contract: valid even without written evidence

publishing contract

The Court of Milan’s judgment no. 2063/2020 of March 9th 2020 returns on the problem of the written form of a publishing contract and recalls an important precedent of 2018 which deserves to be remembered. With sentence no. 5236/2018, the Court of Milan confirmed the jurisprudential orientation acknowledging factual and pacific elements – such as […]