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Italy: the take-down notice must contain the specific YouTube URLs

spedicato“A take-down notice which generically refers to the titles of the infringing videos, without specifically indicating their URLs, is not sufficient to determine the “actual knowledge” of the hosting provider.”

On May 5, 2014, the Distric Court of Turin has given a preliminary ruling on the proper content of the take-down notices in copyright infringement disputes. Although the decision is not completely surprising (see, in this regard, this ruling of the Distric Court of Rome, 11 July 2011), it sets the standard for copyright holders on how to draft a take-down notice to be notified to a ISP.

Background

The action has been brought by Delta TV, an Italian company which produces and d [...]

Italy: Gay Pride photo doesn’t infringe portrait rights

spedicato “Those who take a train have to accept the risk of being identified abstractly in the crowd of passengers, as this is simply part of the ‘risks of the life’.”

The Italian Supreme Court rules that, according to Article 97 of the Italian Copyright Act, the public displaying of the portrait of a person is not an infringement of his rights when it is associated with facts or events, such as the Gay Pride parade, which are of public interest and which take place in public.

On October 24, 2013, the Italian Supreme Court published a decision concerning the public displaying of the portrait of a person without his consent in a context (i.e. the Gay Pride parade) where the honour and dign [...]

Some remarks on AG Sharpston’s opinion in the Nintendo case (C‑355/12).

spedicato“If my reasoning is correct, the AG’s conclusion on this specific point (no legal protection must be granted to TPMs which are not used to prevent or inhibit acts of infringement) is much more innovative than the AG herself seems to acknowledge.”

On 19 September, Eleanor Sharpston, Advocate General of the Court of Justice of the European Union, delivered her opinion in the Nintendo case (Case C‑355/12), in which some interesting questions related to the legal protection of technological protection measures (TPMs) have been referred for a preliminary ruling by the District Court of Milan.

As this is the first time that the CJEU deals specifically with the legal framework designed by [...]

Events of high interest: exclusive broadcasting rights and freedom of information

spedicatoThe CJEU states that Article 15(6) of Directive 2010/13/EU on short news reports is compatible with Articles 16 and 17 of the Charter of Fundamental Rights of the European Union.

On 22 January 2013 the Court of Justice of the European Union handed down a decision on the compatibility of Article 15(6) of Directive 2010/13/EU – according to which the compensation that holders of exclusive broadcasting rights are entitled to seek for granting other broadcasters the right to access events of high interest to the public for the purpose of short news reports «shall not exceed the additional costs directly incurred in providing access» – is compatible with Articles 16 and 17 of the Charter of [...]

A Story to be Told. The fine line between plagiarism and story-(re)telling

“What seems to lack in the decision of the Court, at the end of the day, is a clear test of what constitutes a structural element in the ‘embryonic stage’.

Last 19 October 2012, the Italian Supreme Court published a decision on a case of plagiarism related to a literary work which told the true story of a II World War hero. The facts, in brief: the plaintiff wrote a book about the story of an officer of the Italian navy and a pioneer of scuba diving, Luigi Ferraro, based on a number of talks and interviews that the two had had. The book was mostly biographic, but it also mixed the story of Luigi Ferraro with the war experiences of the author, who was in the Italian army in the same period. [...]

Italy: copyright protection only for ‘high level’ industrial design

The “Arco” lamp is protected by copyright. But Italy is still struggling with the moratorium of the copyright protection of industrial design.

With a 56-pages decision of the District Court of Milan published on 12 September 2012 and made available last week, the “Arco” lamp case, started as far back as 2006, has finally come to an end. In the meanwhile, a few amendments to the relevant norms and a judgment of the European Court of Justice (case C‑168/09) intervened. But let’s start this story from the beginning.

In November 2006 FLOS SpA, the Italian company producing the famous Arco floor lamp designed in 1962 by Achille and Pier Giacomo Castiglioni, brought proceedings against [...]

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