copyright infringement

Copyrights on derivative works according to the Italian Court of Cassation: the “Gabibbo” and its progenitor from Kentucky

The “Gabibbo”, a character made popular in Italy by the TV show “Striscia la notizia”, ​​is at the centre of a long-lasting copyright dispute that has made its way up to the Court of Cassation (the Italian Court of last instance) for which there is no end in sight. […]

By |19 11 2018|Uncategorized|0 Comments|

The Milan IP Court grants copyright protection to the Vitra chairs designed by the Eames

By decision no. 4595/18 of last April, the Milan IP Court granted copyright protection to some chairs designed by well-known US designers Charles and Ray Eames, produced and marketed exclusively by Vitra, whose copyrights were infringed by two Italian companies that marketed unauthorised copies. The protected chairs included, among […]

By |27 09 2018|Uncategorized|0 Comments|

According to the ECJ, the management of a platform like The Pirate Bay can constitute copyright infringement

The European Court of Justice (ECJ), by ruling of 14 June 2017 (case C-610/15), returned to interpret the notion of “communication to the public” under Art. 3(1) of the so-called Infosoc Directive (2001/29/EC). The decision originates from a reference for a preliminary ruling proposed by the Dutch Supreme Court […]

By |30 06 2017|Uncategorized|0 Comments|

The ECJ on access provider liability for copyright infringement by third parties

On 15 September 2016, the European Court of Justice (ECJ) issued a decision on a reference for a preliminary ruling by the Munich Regional Court I (case C-484/14) concerning the interpretation of Article 12(1) of the e-commerce Directive 2000/31/CE. The Article provides that Member States must ensure that providers […]

By |05 10 2016|Uncategorized|0 Comments|

The ECJ rules on hyperlinks and copyright infringement

By the decision of 8 September 2016 (case C-160/15), the European Court of Justice (ECJ) ruled on a reference for a preliminary ruling by the Dutch Supreme Court, with which the latter requested it to assess whether posting hyperlinks giving access to protected works published online without the authorisation […]

By |26 09 2016|Uncategorized|0 Comments|

The “Grand Tour” of the Italian Court of Cassation in a matter of pecuniary and non-pecuniary damages resulting from copyright infringement

The Italian Court of Cassation recently set forth principles to be followed in the matter of proof of pecuniary and non-pecuniary damages resulting from copyright infringement. In particular, it ruled on a decision of Genoa’s Court of Appeal concerning the infringement of copyright on the exhibition of paintings and […]

By |21 07 2015|Uncategorized|0 Comments|