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February: 2008
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The new law on copyright

Published: February 24, 2008. Last Update: February 24, 2008.

It entered into force recently (published in Official Journal n ° 21 of January 25, 2008) the new law on copyright, the No 2 of 2008, and already the controversy and interpretations flakes. The crux of the law, that the reproduction of images through the Internet and music protected by copyright is Article 2, which is added a paragraph (paragraph 1a) in Article 70 of Law 22 April 1941 No 633, which reads

«1 - bis. It allowed the free publication through the Internet, free of charge, images and music at low resolution or degraded, for teaching or scientific only if such use is not for profit. By decree of the Minister for Cultural Heritage and Activities, After Minister of Education and Minister of University and Research, after consulting the relevant Parliamentary committees are set out the limits of scientific or educational use under this subparagraph .

You can then insert images and music on sites protected by copyright as long as it is for teaching or scientific works are at low resolution or degraded and there is no profit. But there are points where the law is not clear and leaves room for different interpretations.

For example, when it comes to image degradation is not clear to what is referred to. This refers to images with sizes smaller than the original? because, for example, a JPEG image is a compressed image, compression and there is still a loss of quality compared to the original image, so a JPEG image quality has degraded the original image. So you might think that by posting an image in jpeg format, regardless of size, it falls in the cases provided by law.

Similar considerations for the music, a song in mp3 format has a lower quality, so it is degraded, compared to the song in its original format.

Another issue to consider is the lack of profit that you should be able to publish works covered by copyright. For example, a site that publishes images protected by copyright and that the same page presents the classic banner advertising (AdSense and the like) may be said to satisfy this condition?

Well, now the law is there, but it is not clear.

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