copyright @en

A Lawyer’s Work May Be Protected By Copyright

A recent judgment of the IP Court of Venice addresses a perhaps unprecedented issue in Italian case law: that of the protection under copyright laws of a work created by a lawyer for their client in the performance of legal services.

The case brought before the Court regarded an anti-counterfeit […]

The Italian Court of Cassation on the plagiarism of song lyrics

The Italian Court of Cassation, in the grounds of judgment n. 3340/15 (published on 19th February), stated important principles about the plagiarism of literary texts, specifically regarding musical works.

On the merits, the dispute consisted in the alleged plagiarism of the lyrics of “Zingara”, the song written by Albertelli and […]

Gianni Rivera against Gazzetta dello Sport in image rights dispute

The Milan Business Court “A” recently ruled in a case of image rights infringement initiated by the famous soccer player Gianni Rivera against RCS Mediagroup S.p.A. Rivera challenged the undue exploitation of his image made between 2003 and 2012 by RCS through the marketing, along with the newspaper “La […]

Ryanair and the protection of its flight information database: a recent ruling of the ECJ

(The original Italian version is also published on Diritto 24 – Il Sole 24 Ore)

On 15 January, the Court of Justice of the European Union (“ECJ”) ruled in case C-30/ 14 on the contractual protection of the database of the airline Ryanair, containing the data (e.g. times and prices) […]

ISP Liability: Yahoo! Wins the Rematch against R.T.I.

After (almost) exactly three years since a well-known Milan IP Court ruling settled a litigation between Yahoo! Italia and R.T.I.—the TV arm of the Mediaset group—in favour of the latter, the same Court, ruling on a new copyright infringement litigation between the same parties, issued a reverse decision, awarding […]

The Court of Justice of the EU rules on the right of libraries to digitise books

(Authored by Silvia Laitila)

In its judgment of 11 September in case C-117/13, the Court of Justice of the European Union declared that Member States may authorise libraries to digitise, even without permission from right holders, books they hold in their collection in order to make them available at electronic […]

New risks for design works (and Italy)

(Published also on Diritto 24 – Il Sole 24 Ore)

The copyright protection of industrial design works in Italy seems to be at risk again. This is because of a rule introduced in the so-called “Sblocca Italia” (“Unblock Italy”) decree due to be published shortly, which would change for the […]

The concept of “parody” and its limits: the recent interpretation from the European Court of Justice

(by Francesca Maculan)

The ECJ, asked for a preliminary ruling by the Belgian Court of Appeal, has recently delivered an interesting judgment concerning nature, meaning and the limits of the concept of “parody” as an exception of the exclusive reproduction right, right of communication to the public and right of […]

Unfair competition and copyright infringement: the Court of Milan decides on the case of Fendi vs. Zara

(by Francesca Maculan and Silvia Laitila)

In July the Specialized IP Division of the Court of Milan decided on a claim filed by the high fashion house Fendi against Zara, a famous clothing chain now widespread all over the world.

The plaintiff complained that Zara had unlawfully used two of the […]

Hyperlinks and communication to the public: AGCOM applies the Svensson CJEU’s case law and dismisses proceedings

(By Silvia Laitila) Application by Italian Communication Authority AGCOM (Autorità per le Garanzie nelle Comunicazioni) of the principle enunciated by the CJEU in the Svensson case has recently resulted in the dismissal of proceedings against an allegedly copyright-infringing website (decision No. 67/14/CSP). The proceedings started when an individual filed a […]

AGCOM strikes again against a torrent site

(Written with Silvia Laitila) The Italian Communication Authority, AGCOM (Autorità per le Garanzie nelle Comunicazioni) has ordered “mere conduit” service providers that operate in Italian territory to disable access to the website torrentvia.com (decision No. 51/14/CSP). In Italy, a recent statutory instrument (Regulation on the protection of copyright on electronic […]

The ECJ ruled about copyright regarding copies of an Internet site on-screen and in the hard disk cache

(by Francesca Maculan)

On 5 June 2014, the European Court of Justice, Fourth Chamber, issued a preliminary ruling concerning the interpretation of Article 5 of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. The ruling is about the requirement to obtain […]