Authors’ Rights and Copyright

The Law always safeguards (and protects) the product of human creativity, as long as it possesses an appropriate creative capacity and is in tangible form.

Unlike trademarks and patents, authorial copyright does not require any filing for the establishment of the right and therefore for its protection. It is however imperative to always keep evidence of the creation of the work, otherwise the authorship right and the exclusive economic exploitation right related to it are both jeopardised.
Music, literature, drawing… Although there is no exhaustive list of work genres to refer to, it is always a good idea to plan a responsible legal protection strategy, tailored to suit the creative creation.

Read more

Italian Authors’ Rights is mainly governed by Law no. 633 of 22 April 1941 and Title IX of the Civil Code; however, there is not a list of works or absolute categories to refer to. The following can certainly be taken into consideration: Texts, Publishing, Photography, Music, Novels, Screenplays, Stylistic Design, Literature, Movies, Television, Presentations, Formats, Websites. 

Article 2 of the Italian Authors’ Rights provides a list of works eligible for protection. Unfortunately, this is only an approximative list and, for this reason, we rephrase it below:

  1. literature: literary, dramatic, scientific, educational and religious works; both in written and oral form;
  2. music: musical works and compositions (with or without lyrics), dramatic-musical works and musical variations (provided they are original works themselves);
  3. figurative arts: sculptures, paintings, drawings, engravings or works belonging to similar figurative arts, including scenography;
  4. architecture: architectural drawings and constructions;
  5. theatre: choreographic and pantomime works (with or without a script);
  6. cinematography: cinematographic works (silent or with sound), photographic works;
  7. industrial design: works possessing artistic and creative value.

In addition, so-called ‘creative elaborations’, such as translations into another language, transformations from one literary or artistic form into another, adaptations, reductions, etc., are also protected. Following the implementation of Directives 96/9/EC and 91/250/EEC, computer programs and databases are also included in the list.

ASK FOR YOUR QUOTE

SPECIAL SERVICES

INTERFERENCE AND PLAGIARISM CASES

In addition to offering consultancy services and novelty search, we assist our clients in cases of plagiarism and authorial parasitism.

CONTRACT DRAFTING AND NEGOTIATION ASSISTANCE

A properly drafted contract prevents litigation and always protects your business and profits. The intangibile nature of Intellectual Property assets has made us particularly proficient in drafting effective contracts to express and defend our clients' interests.

LEGAL PROCEEDINGS FOR COUNTERFEITING, APPROPRIATION, INFRINGEMENT, CLAIMS

The best way to limit the damages of counterfeiting is to radically prevent them from occurring by acting urgently. As experienced litigators, we can act promptly to submit the ongoing risks to the designated judge and achieve immediate cessation of the infringement.

PAYMENT RECOVERY AND/OR COMPENSATION FOR DAMAGES

Sometimes being copied can result in a "blessing". This applies when one succeeds in stopping the infringement immediately and obtaining a reasonable compensation for damages from the abusive user. It goes without saying that the assistance of a qualified lawyer can have a major impact on the outcome of the recovery.

INTERMEDIATION WITH SIAE [ITALIAN SOCIETY OF AUTHORS AND PUBLISHERS]

With regard to works covered by Authors' Rights ("diritto d'autore" in Italian), we also manage relations with the SIAE on behalf of our clients on a daily basis. As a result, we are accustomed to taking care of the rights of the authors who turn to our firm, protecting their creations every day.

ASK FOR YOUR QUOTE

The latest news

focus on

Position trademark and shape trademark: the Louboutin case

focus on

How to protect the Right of Image?

focus on

How much is your trademark worth?

focus on

When is a credit time-barred?

focus on

How much does it cost to register a trademark?

Workshops & Events

How to Protect an Innovative Idea ® [Live Webinar!]

6 Oct 2022 | 18:00 - 20:00
Webinar Live!

Master Class for Illustrators

Master Class for Illustrators: Business Strategy and Contracts | October 20-21-22, 2022

20-21-22 ottobre 2022 | 10:00 - 18:00
LIVE STREAMING

Naming and Trademark Protection Course - Nov 22

You will never forget your first trademark® [Live Webinar!]

17 Nov 2022 | 18:00 - 20:30
Live Webinar!

The Law for Illustrators: from Creation to Contracts [Live Webinar!]

16 Jun 2022 | 18:00 - 21:00
Live Webinar!

Essential Course on Image Law® [Live Webinar!]

12 May 2022 | 18:00-19.30
Live Webinar!