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CINEMATOGRAPHIC WORKS and MOVIES have the same defense, but since they are works that provide a collective production in which we find the direction, the script, the music and so on, their protection comes up to the seventieth year after the death of the last participant .

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For photos, it is necessary to establish if they are or are not artistic: for the common ones, the author of the photo has the rights of reproduction, diffusion and sale (Article 88, 633/41), except if the photo has been requested of an employment contract, because in this case it is the employer who possesses the aforementioned rights.

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The protection comes up to 20 years from the time the photo is taken. However, in Italian legislation the scope of photographic dissemination is also supported, and with art. 90 of the l. 633/41 is expected that each photo must have: the name of one who has economic rights, as a photographer, giver or who commission the photo; the date of realization, and - if the photo represents a work of art - also the nomination of the author.

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Without these data, the photos are not considered illegal unless the photographer, or his employer, does not prove the bad faith of those who made them.

ARTISTIC PHOTOGRAPHS, by virtue of the art. 2 of the Berne Convention of 9.9.1886, updated by the Brussels Convention of 26.6.1948, and returned to our system with the 16.2.1953, n. 247, have the same value of the works of genius and their protection does not undergo any formality, such as the specification of who owns the rights and the date of realization.

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Also, the protection comes up to the seventieth year that follows the death of the artist, and not twenty years from the realization.

For the PORTRAITS, however, the law has provided for those who want to duplicate or disseminate the photo of a person, must first obtain the consent of the same (Article 96. 633/41); there is no need of the above consent if it is a famous person and perhaps photographed because it covers any public function, either for reasons of justice or police, or scientific, educational, cultural, or if it is events, parties public or publicly occurring (Article 97, Law 633/41), except if the person portrayed derives from the reproduction or diffusion of moral damage. If you retract a public person, if you do not consent, your photo can not be used for purposes other than giving communications on the same subject.

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IT devices, software, codes, layouts - Even the creation of software and computer codes is protected by copyright. It is important to underline that in this circumstance the work is owned by a person different from the one who actually made the codes; this is because those who work on the creation of information systems depend on the working level from software companies, which are entitled to the diffusion and sale rights.

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The law in force 248/00 has provided for some cases of crime to combat imitation and piracy in the IT sphere. Violating the law on copyright involves heavy criminal penalties if those who illegally use the work of others do so on a speculative level.

In conclusion, all the works of genius that are on the Internet belong to its creator and can not be reproduced or gained from it without the consent for the use of its creator.

The copyright that is found in many sites, with the name of the artist or whose economic rights, as well as the date, reinforces the defense of the work; however, even if this is not present, it is not allowed to imitate or copy parts of works on the net, considering that, to identify the subject that copies, it is sufficient to use the search engine.

For what concerns the different types of external links, we find:

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surface linking - which is the classic link that allows you to move the person to the home page of another site.

Deep linking - refers to the window of another site, but different from the first one. Framing - uses the frame system of a site and ticks, in one of the boxes, usually the main one with the content, the window of another site.

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SURFACE LINKING is generally allowed and there are no legislative restrictions, as it is in the interest of a site to be "proposed" by others, thus favoring a higher level of visibility. On the DEEP LINKING there are still debates in progress.

For the vast majority is considered a crime because, skipping the home page, to immediately go to the content of the external site, it is done so that the latter no longer draws advertising profits mainly present in the greeting page; however, the jurisprudence still fails to clarify this situation.

Those to the advantage of such a hyperlink device show that there is no illegal mode or unfair competition where it is clear to the visitor, that he is on a different page from the one he was examining, also considering that the practice of turning to pages internal of another site is very frequent and characteristic of the Web, since its inception.

The illegitimacy of FRAMING is not very contrary, provided that the external page is highlighted in the graphic device of the site that is being examined, thus convincing the visitor to think that there has never been released and generating in the himself a total confusion regarding the identification and identification of the artist of the same page. For our legislation, this situation would entail a type of unfair competition, as foreseen by the art. 2598 of the civil code.

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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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