Is everything available on the Web freely downloadable and usable?
No. The works available online are usually protected by copyright and, where they are freely usable, this occurs with the consent of those entitled or in the cases provided for by law.
In which cases can the files found on the web be used?
The usability of the files found online depends on the type of use to be made of them. If the use is for mere use for personal purposes, it is permitted within the limits established by the Copyright Law (articles 65-71-you say copyright law). The use of files found online for commercial purposes is not permitted without the consent of the person entitled to it.
Is it legitimate to install a file sharing program on our computer? What is the legitimate use of file sharing?
It is permissible to install a file sharing program provided that these platforms fulfill the payment of royalties. The European Court of Justice, in the case relating to the file sharing platform "Pirate Bay" has sanctioned the responsibility of the administrators of the program for the violation of copyrights. According to the Court, the platform, by giving users access to published works without the authorization of the right holders and allowing copies to be extracted, violated copyright law. Furthermore, the management of the platform, carried out for profit and on the basis of the proceeds obtained through the advertisements, generates an undue profit in favor of a person who is not entitled to economically exploit the intellectual works of others.
What is prohibited anyway?
The economic exploitation of other people's works is prohibited, in the absence of a specific agreement with the author or other rights holders (for example the publisher).
Can I make a personal copy of a medium that contains a copyrighted product (film, music or whatever)?
The copyright law admits the possibility of making a private copy for personal use of a work covered by copyright (art. 71-e). This, provided that there is no conflict with the normal exploitation of the work and that no harm is done to the rights holders.
Can I transfer the original while keeping the support with the copy? Can I allow someone else to use the copy?
It is possible to transfer the original and keep a copy for private use. The copy can also be used by others as long as it is for personal purposes. The assignment of the copy for consideration is not permitted.
What proceedings or penalties can I incur if I unlawfully use copyrighted material?
In the case of illicit use of protected material, both civil and criminal proceedings may arise (articles 156-174-Quinquies copyright law).
Can someone from the outside monitor my use of the Web, especially file sharing platforms, without notifying me? Can my Internet provider allow investigators to investigate my connection use without warning me?
Investigators may, in the preliminary investigation phase, have access to personal IT platforms for investigative purposes.
Under what conditions and with what rules can I distribute music or videos protected by copyright in my office or business? (examples: background music at the dentist, videos with televisions for sale in an appliance store).
The rules to follow for the correct diffusion of music or videos vary according to whether the venues are open to the public or not. The office is a private place and consequently it is possible to freely play music for personal purposes. Conversely, in the case of a commercial establishment (e.g. clothing stores, supermarkets), it is possible to use music as background by obtaining a specific Siae license, subscribing to an annual or periodic flat-rate subscription or with the Liberi Editori Autori management body ( soundreef).
In the event of a confirmed violation of the rules on my part, what sanctions can I incur?
In the event of copyright infringement, you may incur civil penalties and be sentenced to compensate the damage suffered by the author. One can also be criminally punished with a fine and, in the most serious cases, with imprisonment of up to one year (articles 156-174-Quinquies copyright law). If the offense is committed in the interest or to the advantage of an entity, sanctions are also envisaged against the latter pursuant to Legislative Decree 231/2001.
How can the proceeding against me be notified?
The news of the proceeding against him is communicated to the person subjected to the investigations pursuant to art. 161 of the Criminal Procedure Code. However, it is possible to have knowledge of it through a request formulated on the basis of art. 335 cpp to the Public Prosecutor's Office at the Court.
Can investigators search my home or office without warning for infringing copies of copyrighted material?
When there is well-founded reason to believe that the corpus delicti or things pertinent to the crime are located in a specific place, a search of a room can be ordered (art. 247 cpp et seq.). In the act of starting the operations, a copy of the reasoned decree for the search of the premises is given to the defendant or to whoever has the availability of the place. The things found at the end of the search can be seized (art. 252 cpp). The search can take place at the request of the Public Prosecutor or at the initiative of the judicial police (ex art. 352 cpp).
Is it possible to seize the material found following the search and on the basis of what title?
The law provides for the possibility for the judicial authority to order the seizure of the body of the crime and the things pertinent to the crime necessary for the ascertainment of the facts (Article 253 and following) with a reasoned decree.
What should I do if I am the subject of a proceeding?
It is advisable to contact a lawyer for full knowledge of your rights and the best professional assistance.
