News
A promotional message may have features of creativity
- 23/10/2017
Italian Law no. 633/1941 offers protection to creative works pertaining to literature, music, art, architecture, theatre, cinematography (so-called copyright).
With Judgment no. 24062 of 12th October 2017, the Italian Supreme Court has confirmed that a promotional message may contain characteristics of creativity. Such message may then be considered as one of those works which are protected by Law no. 633/1941.
In the case under the scrutiny of the Court, a company had exploited and used a promotional message made by another economic operator, to whom the creation of that work was previously commissioned. There was no written agreement between the parties about the sale of the right of exploitation of that work; therefore, its use had not been authorized by its creator.
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