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ARTISTIC PHOTOGRAPHS, while, with reference to art. 2 of the Berne Convention of 9.9.1886 (updated by the Brussels Convention of 26.6.1948), acquired in our legislation with Law 16.2.1953, n. 247, are considered in the same way as ingenious and creative works and their defense is not subject to any formality (such as the indication of who holds the rights and the date of creation). Not only this, but the defense arrives until the seventieth year after the disappearance of the author, and not twenty years after creation.

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For the PORTRAITS, in conclusion, the legislation provides that those who want to present, duplicate or trade the photo of a subject, must first have the permission of the same (Article 96. 633/41).

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The permit is not useful if it is a notorious person or if the person is photographed by means of some public assignment that is held, or for reasons of justice or police, or even for scientific, educational, cultural reasons, or if the production it is connected to events, events, public or public events (nm6), except that the reproduction or the marketing provoke prejudices and moral damages to the subject portrayed. If a public entity is depicted, its photo can not be used - without permission - for purposes other than giving announcements or communications on the same person.

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IT systems, software, codes, layouts - As for ingenious works, the creation of software and codes at an IT level is also safeguarded by copyright. It should be pointed out that, in this case more than in others, the work is almost always owned by a person different from the one who has concretely created the codes.

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This happens because those who work on the implementation of such computer programs are connected by a working relationship with software companies, which therefore compete with all the rights of dissemination and marketing.

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The current law 248/00 provides for certain situations of illegalization for imitation and piracy at the IT level. The transgression of the legislation on copyright involves penal and particularly serious fines, mainly if those who illegally use the work of others do so for speculative purposes. Finally, any ingenious work that is found on the Internet is owned by its author and can not be reproduced or exploited in any way without the permission of its author, which allows - perhaps regulating - use.

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The copyright present in numerous sites (with the name of the author or of those who hold the economic rights, as well as the date) reinforces and makes clear the protection of the work, but even in the absence of this we are not allowed to imitate or copy pieces of works that are on the net, also taking into account that, to identify who copies, simply use the search engine.

What are deep linking and framing and when are they allowed?

First of all, differentiate the different types of external links (internet links different from the one you are examining):

surface linking - is the traditional link that allows you to move the subject to the home page of another site. deep linking - instead refers to the window of another site, but different from the first one. framing - uses the frame system of a site and makes the window of another site appear inside one of the boxes (generally the main one, the one reserved for content).

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SURFACE LINKING is almost always allowed, and there are no contrary circumstances in the jurisprudential field, since it is certainly the interest of a site to be "proposed" by others, thus encouraging greater visibility.

On the DEEP LINKING while debating. For the most part it is considered a crime because, if you skip the home page, to explicitly find the content of the external site, it is almost always done so that the latter no longer has the advertising benefits generally highlighted above greeting. Nevertheless, the jurisprudential provisions are still very conflicting.

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Those in favor of such a hyperlink system focus on the fact that there are no forms of illegality or dishonest competition where it is clear to the visitor that he is on a different page from the one he was consulting, also taking into account that the practice of referring to internal pages of another site is very general and peculiar to the Web, since its inception.

On the illegality of the FRAMING there are not many contrarieties, as long as the external page is highlighted within the graphic system of the site being consulted, thus inducing the visitor to claim that he never came out and provoking in it a total chaos based on the identification of the author of the same page. For the case law, such circumstances

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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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