Case Studies Copyright
I commissioned to a graphic some sketches for an advertising campaign and I used them for an internet site. Now I would like to use them also for some headed paper and for the packages for my products, but the graphic says that the rights are his and I cannot do it. Is it true?
The question related to the works created on commission is very controversial and, usually, the only solution to establish what are the actual rights of the parties is the interpretation of the contract agreed between them. Therefore, it is always advisable to write the various agreements so that compensation and ways of exploitation of the […]
I have made a calendar wholly recapturing the structure of a very original american calendar, but changing the graphic of the numbers and inserting different photos. Should I be relaxed about it or I risk a request for damage compensation.
The calendars are considered protected by the law on copyright, like the catalogues, even though they are not expressly included in the list of protected works, list not considered wholly unconditional. Not only the contents of the calendar is protected, meaning the photographs and the particular graphic, but also the structure as a whole if […]
Can I use, on the cover of a book, the pictures of a famous painting or must I ask the authorisation of someone?
The author of a work of art, including a painting, can claim copyright on it, therefore, to be able to use it, you need to first ask his authorisation. This must be clearly requested and, almost always, it is granted upon a payment to be given directly to the author. The above said right lasts […]
The best kind of protection for an imaginary character, is the deposit at the SIAE, at the section for inedited work, as this is what it is and therefore it gets protected by the copyright. To this, another protection can be added by registering the name of the character as a trademark, which plays a […]
I have in mind to write a fairy tales book, made up of text and drawings, which i would like to present to a publisher. how can i do it without incurring the risk of being copied?
An intellectual work, such as a book, is automatically protected by the regulation on copyright, which guarantees, to whoever makes it, both the right of economical exploitation and the moral right to be recognised as the author. However, in order to claim these rights, you must actually have created the book, it is insufficient to […]
Is it possible to use the book translation of an author dead for more than two hundred years, and simply mentioning the author and the translator’s names without paying royalties to anyone?
The copyright over a written work lasts for the whole life of the author and, upon the heirs, for seventy years after his death, after which anyone could use the writing, make copies of it and reproduce it in any form he prefers. In this specific case, the copyright of the original author have indeed […]
My girlfriend has a very particular eyes iris diaphragm and we have photographed it with an appropriate camera, to be applied on t-shirts. Can we get the exclusivity on the image use?
Undoubtedly it is possible to use the photograph in an exclusive way, protected by the law on copyright. The original and creative images benefit of an appropriate protection and the authors can claim all rights simply by applying on t-shirts, under the photo, the text “copyright by” followed by the name of the owner’s rights, […]
I am the owner of an office dealing with three-dimensional graphic; I make three-dimensional drawings, photomontages and virtual animations for professionals such as architects, interior designers, advertisers, and any entrepreneur wanting to represent in a virtual way a project. What i would like to know is who has the copyright over the images and filming i produce for these people, bearing in mind that I produce them on the basis of their indications and their projects.
The first thing to do is to analyse if what you want to realise is to be considered just a technical job or could be defined as an intellectual work. In the first case, or rather if your work consists only in the reproduction of certain data in a certain format and animate them by […]
We have made a serial of innovative modules and we would like to protect them. We have been told that it is sufficient writing underneath “copyright” followed by our name. Is it true? Is this kind of precaution enough?
The protection of modules, or better known as the “form” often used for the development of normal business activities, is rather uncertain. For some kind of prescribed forms, made up mainly by tables, schemes and other subdivisions of pages to be used, and also for the billings with which we pay taxes and other utilities, […]
I love painting as a hobby and I have sold some paintings. Now one of my buyers wants to make prints with my paintings: can he do it? how can I claim ownership for each painting?
Painting is an artistic business and the law on copyright automatically protects the finished works without having to fulfil anything. The only problem that may arise could be demonstrating of actually being the authors of it, problem which normally can be overcome by putting a signature, which is unique in every person. Some painters, though, […]