Reproducing paintings without the author’s signature is illicit.


Milan Courthouse sentenced a company that reproduced the painting without the author’s explicit authorization to the restoration of material and non-material damages (decision n.10259/2015)

The work was commissioned for advertisement purposes, nevertheless the company that reproduced the painting on national newspapers and websites, was not able to prove its connection with the commissioner. As a consequence the reproducer was not entitled of the rights to reproduce the painting as requested by articles 109 and 110 of the Italian Copyright Law (633/1941).

Article 168 binds the violation of moral rights to the regulation on the Copyright Law. Furthermore article 158 disposes the restoration of both material and non-material damages.

The illicit reproduction of the painting caused both a loss of earnings for the painter and moral damages because he has never been recognized as author of the work, preventing third party recognition.

 
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