What is copyright protection?

Copyright laws protect ingenuity. This is no small thing in this modern era, which is characterized not only by the opening of new markets, including Latin America, India, China and the border-less internet, but also by the expansion of intellectual horizons.

Besides "classic" works of art, copyright protection extends to the category of original and creative works of design – this may include items of industrial design, innovative approaches to packaging, the product of the world of advertising and, under certain conditions, software. In identifying the types of protection available to a work before presenting it to the public, a client can safeguard the fruits of its talent and face new challenges and markets without fear.

Advantages

The advantages of copyright protection are wide-ranging and represent a strong and, in many cases, necessary tool, especially in the modern era. 

On one hand, copyright protection gives rise to economic rights: commercial activities such as the publication and use of the work, its reproduction, execution, multiplication, dissemination, distribution, marketing, translation, etc. can only be undertaken by the author, or by a third party with the author’s consent and against proper compensation. 

On the other hand, copyright gives rise to the moral rights of the author: the moral right requires that, even past the transfer of economic rights, the author of a work must be recognized as such and prevents others from claiming recognition for authorship without consent.

Jacobacci & Partners was one of the first firms internationally to confront the new frontiers of copyright, and the firm continues to help frame legislation in this area in Italy and abroad, offering advice that enables clients to take timely and best advantage of a body of laws that is in constant evolution.

Risks

The increasingly widespread use of technology in everyday life is a great challenge to copyright protection. Not protecting the fruits of one’s talent can result in failure to receive acknowledgment of authorship throughout the life of the work and in the various forms that work may take.

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