Category Archives: Copyright & royalties

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 […]

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 […]