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.

Our special services dedicated to this practice area are:

  1. Cases of interference and plagiarism;
  2. Drafting of contracts and negotiation support;
  3. Legal proceedings for counterfeiting, infringement, usurpation, and vindication claims;
  4. Debt collection and/or compensation for damages;
  5. Software registration with SIAE (Italian Society of Authors and Publishers).

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Italian Authors’ Rights is mainly governed by Law no. 633 of 22 April 1941 and Title IX of the Italian 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:

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

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.

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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.

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LEGAL PROCEEDINGS FOR COUNTERFEITING, INFRINGEMENT, USURPATION, AND VINDICATION 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.

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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.

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SOFTWARE REGISTRATION 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.

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