Legal Question in Intellectual Property in California

Hello, I am administrator of a facebook group, a user posted a youtube link to an italian movie (whole movie), I told her this is an infringment of the coyrights, but she argues that it is not.

Is it linking a youtube video (whole movie) in facebook a copyright infringment?

I asked the italian copyright agency (SIAE) and they consider it as illegal. But the website, the server and the group are in US (maybe not the user who posted it), so other users replied that there is no jurisdiction.

Is it legal then or not?

Thank you very much


Asked on 1/22/14, 10:50 pm

1 Answer from Attorneys
Frank Natoli Natoli-Legal, LLC

Of course it is an infringement and one that can enforced right here in the US and under US copyright law. Italy, along with a great many nations, is a party to the Berne Convention, which among other things obligates member states to honor copyright interest for residents of other member states.

If someone was infringing against you in say China or Pakistan, you would be all but out of options. But in say Italy, you most certainly can take action assuming that it will be worth the effort.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

[email protected]

DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

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Answered on 1/23/14, 7:11 am


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