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To resolve the disputes of the domain names under the ccTDL .it, the Italian Naming Authority has established a specific awarding arrangement, of a "arbitrary-administrative" heterogeneous nature and as an alternative to the judicial dispute, which guarantees timeliness and economy.

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The standard complies with that adopted by ICANN (Internet Corporation for Assigned Names and Numbers), at international level, for domain names identified under the gTLD .com, .net and .org.

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With this procedure, those who resort to it must check:

that the disputed domain name is identical to its own and its trademark

that the current owner is not entitled to use the aforementioned domain name and

that the current owner has adopted and is using the domain name in bad faith.

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If the three circumstances occur, the person who lodges the appeal can obtain, alternatively, the cancellation of the domain name, or the transfer in their favor of ownership of the same domain.

All works of ingenuity and creativity such as the sciences, literature, music, art history, the history of architecture, theater or cinema, concern copyright (Article 2575 of the Civil Code); that is the right that is acquired with the implementation of the aforesaid works, except for the circumstances in which this is realized within a contract of performance of work.

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Thus, the works belong and are the property of those who make them (Article 2576 of the Civil Code). The craftsman, therefore, can do what he wants economically, but not from an ethical point of view, because the membership of the work applies only to the one who has made it. Let s examine the case of the writer and his publishing house.

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The writer has created the book, to promote it transfers its rights in the economic field to a publishing house asking for a percentage of profits from the sale: even if the same yields its economic rights, the membership of the book could never be removed.

The current provision 248/00, modifying the law 633/41, on the subject of copyright, has introduced new rules to combat piracy and counterfeiting, including that on the Internet. The economic protection of a work, with the exception of some exceptions, is applied up to 70 years after the death of the person who made it, and in this case, it is his successors who benefit from the gains deriving from it, and it is they who have the right to grant permits or consents. See, now, the protection of works on their nature: passages, writings, articles, e-mails - Each piece, even if short, is protected by copyright and can not be reproduced in other ways and on other supports, nor can one acquire their paternity.

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The law (Article 70, l. 633/41) only allows for summaries, citations or reproductions of literary parts to be carried out, but does not allow the work to be copied entirely or part of it; however, this can be done for reasons of study, for educational purposes, provided that the name of the author and the source are highlighted, and non-profit.

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Only in this case the author s permission is not required. In addition, even the genius works expressed orally, such as theatrical representations, are protected.

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While, there is no normative restriction for the duplication of songs by authors who have been dead for more than 70 years.

Consider, then, that even the non-ingenious works, but only didactic and communication, transmitted on the network, are protected by law; like the E-MAIL, which, being included in the regulations that protect the correspondence, can not be divulged, subtracted, canceled under the articles. 616 and 618 of the Penal Code. Music, mp3, midi files, songs, movies, films - Spreading and exchanging music on the internet (through MP3 or WAV files) is illegal unless explicitly permitted by the author or chine has acquired economic rights.

Not a few were the provisions, even at international level, aimed at combating piracy in the music field.

A particular case is that of MIDI files, often used as musical bases for numerous Internet sites, as they are elaborations of the original work and, therefore, they need the permission of the author or those who have the economic rights.

For such reasons, midi-files can only be used legally if you have been authorized by the author or the publisher. With the SONGS OF SONGS the same things are said for the other literary works, in the sense that they can not carry out their entire copying, except if this is authorized by those who have the economic rights.

Such restrictions do not apply to the duplication of musical pieces of authors who have died for more than 70 years, except for the rights imposed on those who have made the duplication, yet to be rewarded.

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Criminal Law Lawyers

Ryan Herrmann: Uk Us Europe

Mobile Usa: +1 646 726 7567
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info@herrmannlawyers.com

Contact us in case of detention or criminal or civil problems. The law firm in London, New York, La Vegas, Rome, Naples, Milan, Italy, Germany, Spain, France and has over 15 foreign branches, is directed towards criminal and international law, a format for criminal lawyers mainly deals with the defense of people accused of crimes penalties such as drug trafficking, financial and economic crimes, white-collar crimes, murder, violence, rape and any type of crime. Contact us now for effective criminal defense.

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