Intellectual Property, Copyright; Exercise of the economic exploitation rights of the cinematographic work, Civil Cassation, First Section, Ordinance n. 14596 of 05/25/2023

Article 45 of the Law

Passim

Reiterated the following principle of law (already stated by Court of Cassation n. 14117 of 2023): «In terms of intellectual property, art. 45 of the LdA, in providing that the “producer” is entitled to exercise the rights of economic use of the cinematographic work, establishes a presumption that is valid until proven otherwise, assuming that the “producer” ensures in advance from the authors (of the “subject” , of the “screenplay” and of the “music”) the cinematographic exploitation rights of the work for the entire duration of the right of economic use due to the author, in order to prevent, at root, any possible legal dispute relating to these future rights.

It follows that whoever disputes the film producer’s acquisition of ownership of the rights to use the work, or even just the extension or temporal scope of such rights, is required to provide proof of this in the light of the concrete contractual arrangements”.

Source Supreme Court of Cassation