Copyright and Authorship

When a work has multiple rights holders, who decides how it can be exploited?
When the economic exploitation rights in a copyright-protected work belong to more than one person, must everyone agree before distribution rights can be granted to [...]
1 September 2026

Can a work be published online if it is in the public domain only in certain countries?
A work may be in the public domain in one country while still protected by copyright in another. Putting it online therefore does not necessarily [...]
5 August 2026

Should Facebook pay newspapers? Fair compensation after the Meta–AGCOM Judgment
News costs money to produce and has value for those who distribute it online. In the Meta–AGCOM judgment, the Court of Justice of the European [...]
3 August 2026

Copyright and the dual-track sanctions system: limits on combining criminal and administrative penalties (Supreme Sourt No. 15440/2026)
Can the same copyright infringement be punished twice? A recent decision of the Italian Supreme Court, No. 15440/2026, provides an opportunity to revisit a particularly [...]
28 July 2026

Cultural events involve more than works: the rights of performers and executing artists
In cultural projects, discussions often focus on works and copyright. However, in events such as concerts, performances, and festivals, what is actually used is not [...]
29 May 2026

The TDM exception in the age of generative AI: opt-out, training and the transformation of the exclusive right of reproduction
The training of generative artificial intelligence systems is based on the use of enormous quantities of digital content, often protected by copyright. In Europe — [...]
27 May 2026

Illustrations used without consent: the IKEA tortellino case – Bologna Court, judgment of 17 March 2026
A recent copyright judgment by the Bologna Court concerns an illustration depicting a tortellino, used without authorisation inside an IKEA store. The court held that [...]
27 May 2026

Is it lawful to use music or video in a cultural event? Authorizations, costs, and risks
Using music or video in a cultural event is never neutral: even a simple playback may require authorizations and generate costs, including in the absence [...]
26 May 2026

When is authorization required to use a cultural heritage asset?
When a work is classified as a cultural heritage asset, the issue is no longer simply who owns the rights, but what can actually be [...]
14 May 2026

From news reporting to advertising: when using a team’s image becomes unlawful
A sports photograph may seem like harmless content, but it can amount to unlawful conduct when it is used to generate an economic advantage. A [...]
8 May 2026

The editorial format: according to the Italian Supreme Court, it is not protected by copyright
An editorial format, understood as an organisational framework for content, does not satisfy the requirement of expressive form under Law No. 633/1941 and therefore falls [...]
22 April 2026

Academic review or co-authorship? The Bologna Court of Appeal draws the line
In the academic world, it is common for a doctoral thesis to be revised and turned into a scientific publication. The transition is almost natural: [...]
16 April 2026

Plagiarism between audiovisual works: when telling the same story is not unlawful
When two works tell the same story, can this amount to plagiarism? Starting from the “Felicia Impastato” case and the judgment of the Rome Court [...]
24 March 2026

The director of photography: A forgotten author?
Under Italian copyright law, the director of photography is not included among the co-authors of a cinematographic work identified by Article 44 of Law No. [...]
16 March 2026

Cinematography and co-Authorship in film: The limits of article 44 of the Italian Copyright Act and possible interpretative developments
This article examines the position of the Director of Photography within the Italian copyright framework, with specific reference to the rules on co-authorship of cinematographic [...]
10 March 2026