“Big Red”

Decision of the Court of Cassation, I Civil Division 6 June 2018 – Case No. 14635/2018
  • Mr. Carey v. Mediaset S.p.a. et al. Copyright Act, Arts. 4, 18, 20
Decision • Copyright Law Italy
  1. 1.

    Plagiarism of another’s work does not consist only of “simple plagiarism or mere plagiarism” and by “counterfeiting” of the protected work, but also of so-called “evolutionary plagiarism”. This is a more complex aspect of the concept as it involves a merely apparent distinction between two works, so that the new one – although not amounting to slavish imitation or to reproduction of the original one, due to a substantial elaboration of it – does not amount just to an original and individual work inspired by the pre-existing one, but to an abusive and unauthorised elaboration of the first work, albeit in a form provided with novelty and creativity and thus protected by copyright.

  2. 2.

    With regard to evidence, an out-of-court confession is intended to bring into the trial a historical fact that is in doubt and that the confession is able to clarify.



Gabibbo Derivative works Evolutionary plagiarism Infringement Slavish imitation Mascots and TV characters 


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© Max Planck Institute for Innovation and Competition, Munich 2019

Authors and Affiliations

  • Mr. Carey v. Mediaset S.p.a. et al. Copyright Act, Arts. 4, 18, 20

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