'Simple photograph' or work of art? Well-known image of Judges Falcone and Borsellino deemed insufficiently creative for protection under Article 2 of the Italian Copyright Act. (17th March 2020)

• Record Type: Journal Article
• Authors: Mancinella, Matteo
• Is Part Of: Journal of intellectual property law and practice. Volume 15:Number 3(2020)
• Page Start: 158
• Page End: 159
• Publication Date: 2020-03-17
• Subjects: Intellectual property -- Periodicals; Intellectual property -- Europe -- Periodicals; 346.048
• DOI: 10.1093/jiplp/jpaa019
• Languages: English
• ISSNs: 1747-1532

Abstract

Abstract: Rome Court of First Instance, 17th Civil Section specialized in enterprise matters, decision on 12 September 2019, No. 14758 The Rome Court of First Instance ruled that a well-known photograph depicting the Italian judges Falcone and Borsellino, relaxed and smiling during a conference in Palermo on 27 March 1992, does not fall within the scope of protection of Article 2 of the Italian Copyright Act because it is not characterized by sufficient creativity and because its author did not have an artistic objective in mind a priori.