Is it possible to protect oneself from "thieves of wit" in the age of the Internet? AND what the large populace of the “unloaders” really risk via the web of music, film or electronic publications? The answers are not simple and in many cases not obvious. Here then is a useful breviary.
Comes with two tutorials posted on FIRST Tutorials and set up by the owners of the ONTIER Pardo Vicenzi law firm.
For example, it is convenient to know that "copyright, or copyright, arises at the moment of creation of the work, without the need for intervention by any body and/or authority" regardless of "the motivations of the person who creates them ( for hobby or profession)", but that "ideas cannot be protected".
Protect yourself? “Through the filing of unpublished works with Siae, we have proof of the existence of the work with a certain date” but there are also other organizations to contact, albeit with rather complex procedures. But already in the previous phase “the artist will be able to protect himself through confidentiality agreements with which the parties assume the contractual obligation not to disclose what has been disclosed".
On whose side risk being accused of copyright infringement it is worth knowing that "the copyright law admits the possibility of making a private copy for personal use of a work covered by copyright" on condition "that there is no conflict with the normal exploitation of the operates and does not harm the right holders". Contrary to what many think, "it is possible to transfer the original and keep a copy for private use" which "can also be used by others as long as it is for personal purposes". In any case "the assignment of the copy for consideration is not permitted" under penalty of the risk of both civil and criminal proceedings. There is a wide range of paraphernalia available to the investigators, who "can, in the preliminary investigation phase, have access to personal IT platforms for investigative purposes" and can carry out searches and seizures of material.
The rules to follow for a correct diffusion of music or video? “They vary depending on whether they 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 (eg clothing stores, supermarkets), it is possible to use music as background by obtaining a specific Siae license, subscribing an annual or periodic flat-rate subscription "with the relevant bodies".
