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:
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.
Authors’ Rights and Copyright
Interference and plagiarism cases
Contract drafting and negotiation assistance
Legal proceedings for counterfeiting, infringement, usurpation and vindication claims
Payment recovery and/or compensation for damages
Software registration with SIA (Italian Society of Authors and Publishers)
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