LEGAL TERMS OF CONTENT USE

The STUDIO is the sole copyright holder of all content generated by it or anyone on its behalf.

For uses and publications one must have written permission from the STUDIO. Any abuse will be legally actionable worldwide.

Requests for use can be sent to the following e-mail: info@167studio.com

Below you will find the list of terms of use:

  • No one is allowed to appropriate images by screenshots (photos of the device screen) and publish them in any form without permission from the STUDIO. Taking a screenshot amounts to an offense of embezzlement; the offense is aggravated if the content is used as your own (example published as content on your own channels) and if in addition to the content, some modification is applied that distorts its initial essence (the classic example is applying a filter to your own taste). It is possible to use content only if it is expressly sent to you by the STUDIO (after clients have received all their material we always take care of sending it to all suppliers as well).
  • The filter used by the STUDIO (post-production or post-processing), has the same title as the photographic shot or video shot, belongs to the STUDIO and is an integral part of its work, style and artistic universe. The STUDIO alone can decide what post-processing will be applied to the content. So only material post-processed by the STUDIO will be usable. It is an offense to use authorized content by changing its aesthetic characteristics (e.g., applying a filter, etc…).
  • Permanent downloading, in whole or in part, of the images and videos, or their use and processing in any form or any other activity that may infringe copyright is not permitted.
  • Photographs videos and all multimedia material made by the STUDIO during a session with the CUSTOMER are protected by copyright. As a counterpart of the price established and accepted in the quotation, the STUDIO assigns to the CUSTOMER its following patrimonial copyrights, made to order: rights of impression and reproduction of the photos and videos for private purposes for the whole world and for the duration of the copyrights.
  • Any other use of the material must make the subject of prior written agreement with the STUDIO. Commercial use by the CLIENT of the session images is not authorized, unless prior written agreement by the STUDIO.
  • Even after delivery of digital files, they remain the intellectual property of the STUDIO and are not royalty-free. Any personal use of a file by the CUSTOMER (internet publication, exhibition, etc…) must mention the name of the STUDIO (Studio167). At the same time, the CUSTOMER may not modify the files without prior written agreement of the STUDIO.
  • Pursuant to Article 98 of Law No. 633 of April 22, 1941, and in accordance with Supreme Court ruling No. 4094 of June 28, 1980, the RAW (RAW) files are understood to be the property of the STUDIO, which undertakes to guard them with diligence and not to give them away or make them available to third parties.
  • The STUDIO may agree, at a later date, upon the CUSTOMER’S request, to the assignment of the RAW (GREEN) files for an additional price to be agreed upon; such price shall refer to the list price of such services at the time of the CUSTOMER’S request.
  • The STUDIO agrees to retain all files created as in the subject matter for a maximum of 365 days from the date of their creation; after that time the studio disclaims all claims and responsibilities.
  • Upon full payment of the agreed upon price, the CUSTOMER acquires the above-mentioned rights on the condition that the public image of the STUDIO will not be harmed.

 

THE LAWS THAT PROTECT US

 

Law 633/1941 Copyright Provisions

Chapter I

Protected works

Art. 1.

Works of genius of a creative nature belonging to literature, music, figurative arts, architecture, theater and cinematography, whatever their mode or form of expression, are protected under this law.

Also protected are computer programs as literary works within the meaning of the Bema Convention on the Protection of Literary Artistic Works ratified and made enforceable by Law No. 399 of June 20, 1978, as well as databases which by the choice or arrangement of the material constitute an intellectual creation of the author.

Art. 2.

Specifically included in the protection are:

Literary, dramatic, scientific, educational, and religious works, whether in written or oral form;
Musical works and compositions, with or without words, dramatic-musical works and musical variations constituting original works in themselves;
The choreographic and pantomimic works, of which the trace is fixed in writing or otherwise;
The works of sculpture, painting, drawing, engraving and similar figurative arts, including set design; (8)
The drawings and works of architecture;
The works of cinematographic, silent or sound art, provided they are not mere documentation protected under the provisions of Chapter Five of Title Two;
Photographic works and those expressed by a process similar to photography provided they are not mere photographs protected under the rules of Chapter V of Title II; (9)
Computer programs in any form expressed as long as they are original as the result of the author’s intellectual creation. The ideas and principles underlying any element of a program, including those underlying its interfaces, shall remain excluded from the protection granted by this Law. The term program also includes preparatory material for the design of the program itself; (10)
Databases referred to in the second paragraph,. of Article 1, understood as collections of works, data other independent elements systematically or methodically arranged and individually accessible by electronic means or otherwise. The protection of databases does not extend to their content and is without prejudice to existing rights to such content; (11)
Works of Industrial design that have creative character and artistic value in themselves.

Art. 4.

Without prejudice to the existing rights to the original work, elaborations of a creative nature of the work itself, such as translations into another language, transformations from one into another literary or artistic form, alterations and additions constituting a substantial remake of the original work, adaptations, reductions, compendia, and variations not constituting original works shall also be protected.

Subjects of the right

Art. 6.

The original title of the acquisition of copyright is the creation of the work as a particular expression of intellectual work.

Art. 11.

State administrations, provinces and municipalities shall be entitled to copyright in works created and published under their name and at their own account and expense.

The same right shall accrue to private entities pursuing non-profit purposes, unless otherwise agreed with the authors of the published works, as well as to .academies and other public cultural entities on the collection of their proceedings and publications.

Content and duration of copyright;

Protection of the economic use of the work

Art. 12.

The author has the exclusive right to publish the work.

He also has the exclusive right to economically use work in any original Torma and manner, or derivative, within the limits established by this law, and in particular with the exercise of the exclusive rights indicated in the following articles.

And considered as first publication is the first form of exercise of the right of use.

Art. 13.

The exclusive right to reproduce shall have as its object direct or indirect, temporary or permanent multiplication in copies, in whole or in part of the work, in any manner or form, such as hand copying, printing, lithography, engraving, photography, phonography, cinematography and any other reproduction process (15).

Art. 16.

1. The exclusive right of communication to the public by wire or wireless means of the work shall have as its object the use of any of the means of broadcasting at a distance, such as telegraph, telephone, radio, television and other similar means, and shall include communication to the public by satellite, retransmission by cable, as well as communications to the public coded with special conditions of access; it shall also include making the work available to the public in such a way that each person may have access to it from the place and at the time individually chosen.

2. The right referred to in paragraph 1 shall not be exhausted by any act of communication to the public, including acts of making the work available to the public (17).

Art. 17.

1. The exclusive right of distribution shall have as its object the placing on the market or in circulation, or otherwise at the disposal, of the public, by any means and for any reason, of the original of the work or specimens thereof, and shall include, altresl, the exclusive right to introduce into the territory of the States of the European Community, for the purpose of distribution, reproductions made in non-Community States.

2. The right of distribution of the original or copies of the work shall not be exhausted in the European Community, unless the first sale or the first act of transfer of ownership in the Community is made by the right holder or with his consent.

3. The provisions of Paragraph 2 shall not apply to the making available to the public of works in such a way that each person can have access to them from the place and at the time individually chosen, even in the case cul the making of copies of the work is permitted.

4. For the purpose of the exhaustion referred to in paragraph 2, the free delivery of copies of the works, made or permitted by the owner for promotional purposes, or for teaching or scientific research (19), shall not constitute exercise of the exclusive distribution right.

Art. 27.

In anonymous or pseudonymous works, other than the case provided for in the paragraph of Article 8, the term of Economic Use rights shall be fifty years from the first publication, whatever the form in which it was made. If before the expiration of said term the author has disclosed himself or the disclosure is made by the persons specified in Article 23 or by persons authorized by the author, in the forms established in the following Article, the term of duration determined in Article 25 (28) shall apply.

Art. 109.

The assignment of one or more copies of the work shall not, unless otherwise agreed, import the transmission of the rights of use, regulated by this law. However, the transfer of a mold, engraved copper or other similar means used to reproduce a work of art shall, unless otherwise agreed, include the right to reproduce the work itself, provided that such right is vested in the transferor.

Art. 110.

The transmission of rights of use shall be evidenced in writing.

Art. 32-bis.

The rights of economic use of the photographic work shall last until the end of the 70th year after the death of the author.

Art. 68-bis.

Without prejudice to the provisions regarding the liability of intermediary providers in the legislation on electronic commerce, temporary acts of reproduction without their own economic significance that are transient or ancillary and an integral and essential part of a technological process, performed for the sole purpose of enabling network transmission between third parties with the intervention of an intermediary, or legitimate use of a work or other materials, shall be exempt from the reproduction right.

Chapter V

Exceptions and limitations (57)

Reprography and other exceptions or limitations

Article 70. 1.

The summary, quotation or reproduction of passages or parts of works and their communication to the public are free if made for the use of criticism or discussion, within the limits justified by such purposes and provided that they do not constitute competition with the economic use of the work; if made for teaching or scientific research purposes, the use must also be for illustrative purposes and for non-commercial purposes.

Article 70 paragraph 1-bis.

The free publication through the Internet network, free of charge, of low-resolution or degraded images and music for educational or scientific use is allowed, and only if such use is not for profit. By decree of the Minister of Cultural Assets and Activities, after consultation with the Minister of Public Education and the Minister of University and Research, and after the opinion of the competent parliamentary committees, the limits to the educational or scientific use referred to in this paragraph shall be defined (65).

Title I

Provisions on copyright.

Chapter III

Content and duration of copyright.

Section II

Protection of rights in the work in defense of the author’s personality. (Moral right of the author).

Article 20.

Regardless of the exclusive rights of economic use of the work, provided for in the provisions of the preceding section, and even after the assignment of such rights, the author shall retain the right to claim authorship of the work and to object to any deformation, mutilation or other modification of the work, which may be detrimental to his honor or reputation.

Art. 22.

The rights indicated in the preceding articles shall be inalienable. However, the author who has known and accepted the modifications of his work shall no longer be allowed to act to prevent their execution or to demand their suppression.

Rights related to photographs

Article 87.

For the purposes of the application of the provisions of this chapter, images of persons or of aspects, elements or facts of natural and social life, obtained by the photographic or similar process, including reproductions of works of figurative art and stills from motion picture films, shall be considered photographs. Photographs of writings, documents, business papers, material objects, technical drawings and similar products are not included.

Article 88.

The photographer shall have the exclusive right to reproduce, disseminate and distribute the photograph, subject to the provisions established in Section Two of Chapter Six of this title, as regards portraits and without prejudice, with respect to photographs reproducing works of figurative art, to the copyright in the work reproduced. However, if the work was obtained in the course of a in the performance of a contract of employment or employment, within the limits of the object and purpose of the contract, the exclusive right shall vest in the employer. The same rule shall apply, unless otherwise agreed, in favor of the principal when it involves photography of things in the principal’s possession and unless the person who commercially uses the reproduction pays the photographer fair compensation. The Minister of Popular Culture (111), with the rules established by regulation, may set appropriate rates to determine the compensation due by the person who uses the photograph (112).

Art 89.

The assignment of the negative or similar means of reproduction of the photograph shall include, unless otherwise agreed, the assignment to the rights provided in the preceding article, provided that such rights are due to the assignor.

Art. 90.

The copies of the photograph shall bear the following indications:

  1. the name of the photographer, or, in the case provided for in the first paragraph of Article 88, of the firm on which the photographer is employed or the principal;
  2. the date of the year of production of the photograph;
  3. the name of the author of the work of art photographed.

If the specimens do not bear the above indications, their reproduction shall not be considered abusive and the fees specified in Articles 91 and 98 shall not be due unless the photographer proves the bad faith of the reproducer.

Art. 91.

Reproduction of photographs in anthologies for scholastic use and in scientific or educational works in general shall be lawful upon payment of fair compensation, which shall be determined in the forms prescribed by the regulations. The reproduction must indicate The name of the photographer and the date of the year of manufacture, if they result from the photograph reproduced. The reproduction of photographs published in newspapers or other periodicals, concerning persons or facts of current interest or having, in any case, public interest, shall be lawful against payment of fair compensation. The provisions of the last paragraph of Article 88 shall apply.

Art 92.

The exclusive right to photographs lasts for twenty years from the production of the photograph.

Art. 110.

Transmission of rights of use shall be evidenced in writing.

Art. 119.

The subject matter of the contract may be all or some of the rights of use to which the author is entitled in the case of publishing, with the content and duration being determined by the law in force at the time of the contract. Unless otherwise agreed, “exclusive rights shall be presumed to have been transferred.

Civil Code

Art. 2577. Content of the right.

The author has the exclusive right (c.c. 2563, 2569, 2581, 2584. 25921 to publish the work and to use it economically in any form and manner, within the limits and for the effects fixed by law. The author, even after the assignment of the rights provided for in the preceding paragraph, may claim the authorship of the work (c.c. 2589] and may object to any deformation, mutilation or other modification of the work itself, which may be detrimental to his honor or reputation [c.c. 2579, 2582]. 258.228 (1).

It is possible to view the Terms of Service attached to the quote.