N 12

July 2017

Deletion of humanum est. Copy autem diabolicum.

Abstract by Federico Manfredi

Ruling by Judge Silvia Giani , dated

July 25, confirmed the earlier
precedent-setting decision,
modifying the part prohibiting the
marketing of the packaging of the
disc "Is this life we really want?",
inflicting a penalty of 100 for
every infringement. The case,
which made the headlines the
world over, regards the extreme
resemblance of Roger Waters'
new album to some works by the
famed artist Emilio Isgr. The
artist, counseled by our firm,
claimed copyright infringement of
some of his works including
"Cancellations" 1964. Sony Music Entertainment Italy argued that the erasing technique used was not
copyright-protected as an idea.

The Judge, adhering to the arguments presented by Salvatore Trifir and Francesco Autelitano, found for
plagiarism in the expressive form of the artists idea and not in the artistic idea itself. Indeed one cannot be
denied the right to use the cancellation effect, but this may not justify the plagiarism of the works of Isgr
through mere production of some cancellations. Such were the cogent arguments that led the Milan Tribunal
to make a decision with worldwide ramifications, setting a precedent in the history of national and non-
copyright law.
 N 3
September 2016

The processing of employee data is only permitted if

"indispensable"
Abstract by Damiana Lesce

Under article n. 267 of June 15, 2017, of the

Italian Personal Data Protection Authority
rejected the request of an employer, aimed
at processing the personal data of
employees in compliance with the terms of
a commercial contract, whereby the
employer undertook to notify to its clients
the name of its employees with criminal
records.

Under the General Authorization n. 7/2016,

the Data Protection Authority authorized
employers to process judicial data if this is "essential for fulfilling specific obligations or performing specific
tasks provided as at law, and in regulations or collective bargaining agreements and for the purpose of
managing the employment relationship. In the specific case decided with the resolution n. 267/2017, the
company's request was rejected in consideration that they had not proved the existence of a legal basis
(legislative, regulatory or contractual) adequate to legitimize the processing of judicial data or the disclosure
of data to the client.

Casual Work and INPS (Social Security) Operating

Instructions
Abstract by Francesco Torniamenti
Art. 54 bis of D.L. n. 50/2017 reforms the
regulation of casual work after the abolition of
workplace perquisites and vouchers. In summary,
the reform allows the employer to employ one or
more workers for the carrying out of casual work,
provided that such benefits have a maximum
duration of 280 hours in one calendar year and
give rise to remuneration not exceeding 5,000
per employee and 2,500 for the total
performance made for the same user. In addition,
such user may not have more than five employees
under such contracts for an indefinite period. If
 N 3
September 2016
such conditions exist, the user will have access to the casual scheme of work by activating, through INPS
computer platform, the "casual contract service " and paying the sums needed to compensate performance.
Fees perceived by the worker for such occasional benefits are exempt from taxation but are subject to INPS
and INAIL subsidies. In general, the contract cannot provide for an hourly pay inferior to 9 , which shall be
topped up by INPS and INAIL subsidies. INPS circular n.107 of 5 July 2017 communicates the operating
procedures for access to this new scheme.