Case History

Some judgments obtained by our law firm

Court of Turin, Specialized in Industrial and Intellectual Property, Judgment no. 815 of February 1, 2012
The cartographic work (maps) is configured as an intellectual work protected by copyright. In fact, it is a personal and original reworking of geographical elements in the area. It is therefore unlawful the pubblication in Internet of the scanned maps without the permission of the right holder.
Published in the journal “Diritto di Autore”, Giuffrè, I, 2012, p. 100, and in the “Rivista di Diritto Industriale”, 4-5 of 2013, Part II, p. 290.

Court of Venice, Specialized in Industrial and Intellectual Property, Judgment no. 2698 of November 2, 2011
The non-payment of agreed fees by the record company involves the resolution of the recording contract.

Court of Milan, Specialized in Industrial and Intellectual Property, Judgment no. 8275 of 20 October 2011
The lawsuit exercised pursuant to art. 2041 of the Civil Code (unjust enrichment) by the person undertaking the work, that it has not received any compensation for the transfer of rights of industrial and intellectual property of the commissioned works, should be granted against the third party transferee (in this case, the developer had sold the works to a third party without having paid the fees to the lender, and then had dismissed his own company).

Court of Bologna, Specialized in Industrial and Intellectual Property, Judgment no. 97/2011
The partial recovery from the Internet of phrases that are not trivial, but bearing specific technical information in a clear expression with subjectivity and creativity, slavishly reproduced in a subsequent publication, constitutes a violation of the economic rights under Articles 12 et seq italian copyright law and of the moral rights of paternity pursuant to art. 20 italian copyright law (in this case a municipal employee had taken from Internet texts and used them in a catalog of a museum exhibition. The municipality was sentenced to pay damages).

Court of Milan, Specialized in Industrial and Intellectual Property, Judgment no. 9382 of 19 July 2010
The fixation on a support of a musical work in a support of moving images, as in the case of the soundtrack of a film, involves the exercise of the “synchronization”, which is a faculty reserved exclusively to the author of the work (art. 12, paragraph 2 italian copyright law).
The realization of synchronization, without prior authorization, for a clear promotional purposes, constituted a breach of the rights of economic exploitation on the work itself, in particular Articles 18 and 61 italian copyright law.
Published in the journal “Diritto di Autore”, Giuffrè, IV 2010, p. 395

Court of Milan, Specialized in Industrial and Intellectual Property, Judgment no. 272 of January 12, 2010
The combination of a phonogram (that plays a musical performance), and a television movie is unlawful unless authorized by the producer of the phonogram and is therefore a source of obligation for compensation (the particularity of the subject matter of the judgment is that in this case it was a case of synchronization, without consent, that infringes a right of phonogram producer and not a copyright).
Published in the journal “Diritto di Autore”, Giuffrè, IV 2010, p. 387.

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