Legal Question in Intellectual Property in Italy

Re: Purchasing book rights in Italy for international distribution

There are several things you can do to insure the author is correct in his claim of rights and to protect yourself.

You should look at the contract with the Italian publisher, and see what rights the author gave to them, and for how long. You should also find out under what circumstances the book was created by the author (was he employed? etc.). Italian copyright law is a bit different than US and there are some issues unique to it concerning the circumstances of creation.)

That said, if the author is telling the truth and knows the law (two different things!) then you should be ok. To protect yourself you should 1) have the author WARRANT he has such rights (a specific legal guarantee that makes it his responsibility if it turns out he was wrong), and INDEMNIFY you against any action based on your reliance on his claim of ownership (another specific legal term).

Finally, I would write to the publisher and make sure she is fine with your publication and distribution of the book internationally.

There is probably more, but that's what occurs to me off the top of my head. To really do this right you would usually have a lawyer handle this (write the contract, and take these actions, and research Italian Copyright Law and registration of this particular work.)

Whether that makes sense in this situation depends on the market for the book (is there any money involved?), your finances, and many other factors. Good luck.

Re: Purchasing book rights in Italy for international distribution

As italian lawyer involved in copyright system in italy, I advise you as follows:

1) your permission obtained ( in written?) does not oblige the author against infringment of esclusivity given to publisher in italy. the worlwide permission is non sense , including italy, where rights were conferred to the italia publisher !

2)Usually author give priority to publisher actual ( italian) and for furher distribution, signing very strong contract in favour of the publisher . 3) On the other side, is true that italian and, more UE law, is binding any contract openly against too large competition limitation, then could be annulled or legally limited validity of a too large distribution agreement .

4) You cannot get a permission worldwide simply accomplishing with US regulation.

5)publisher and author ( is a single author? does he own any rights for the containt?) should allowe you for further publication abroad.

6)new contract should be in line with UE and italian law, relating to US law and other single country of distribution, specially under copyright and tax law.

regards avv stefano papa