Copyright, Protection, Creativity and Originality Requirements, Civil Cassation, First Section, Order n. 32871 of 08/11/2022

Passim

Articles 64 bis, ter and quater, l.a.

The protection of copyright postulates the requirement of originality, therefore it is necessary to establish whether or not the program is the result of an original creative elaboration with respect to previous works, it being understood that creativity and originality exist even when the work is composed of simple ideas and notions, included in the intellectual heritage of people having experience in the subject matter of the work itself, provided that they are formulated and organized in a personal and independent way with respect to the previous ones.

The concrete consistency of this autonomous contribution is the object of an evaluation destined to result in a judgment of fact, as such subject to review in the context of legitimacy only for any defects in reasoning (Cass., n. 13524/14).

The protection of copyright postulates the requirement of originality and creativity, consisting not already in the idea that underlies its creation, but in the form of its expression, or in its subjectivity, assuming that the work reflects the personality of its author, manifesting his free and creative choices; the concrete consistency of this autonomous contribution is the subject of an assessment destined to result in a judgment of fact, as such subject to review in the context of legitimacy only for any defects in reasoning (Cass., n. 10300/2020).

Source Supreme Court of Cassation