According to a recent sentence of the Italian Court of Cassation n. 14060/2015, for the purpose of copyright infringement, the holder of the copyright may carry out a legal action to obtain compensation for damages based also on the mere violation of such rights without the proof of an actual and concrete damage.

The owner of copyright has the right to obtain compensation for both the pecuniary damage, if it is proven the loss of earnings resulting from the crime, and the moral damages, for copyright infringement. The moral damage has to be proved based on the general disturbance of mood, without being necessary to indicate the concrete fact.

In fact, the legal punishment can be based only in the assessment by the judge of copyright infringement, breach that is sufficient to proof the damage.

Indeed, the copyright owner must prove only the extent of the damage. Otherwise, the court may determine the extent of the damage, and liquidate it as he deems proper, in an equitable basis.

Publisher: Studio legale Poli