Copyright, also for how you train! In the "Pizzolato" case, the Italian Supreme Court has dealt with the moral authority of the copyright, dishonest competition and the use of original trained table and methods. If you are an athletic field coach or a coach of all sports fields and you are sure you have "invented a new way of training, you really should read this article."
Plaintiff
Orlando PIZZOLATO, a very
popular athletic in Italy who recently did not run the athlete anymore but is
training and is specialised in a special running. The former athlete has
already opened a venture where he prepares the next athlete.
PIZZOLATO has designed a
90-minute jumper training program. In 2005, through an EDITORIALE SPORT ITALIA
s.r.l. - has published the book "Running under PIZZOLATO" which
contains tables and methods for a higher level of running training.
The respondent party
Andrea GORNATI during the
period 2004-2007 was part of the training program under the guidance of
PIZZOLATO as a coach. During this period GORNATI has developed courses for
runners with others in complete ignorance and without the authorisation of
PIZZOLATO.
The lawsuit of the plaintiff
consisted of the claim for compensation of damages in the moral law of the
author and unfair competition. The plaintiff stated GORNATI, proposed on his
web site programs to train by copying the actions of coach PIZZOLATO.
The plaintiff has requested the
protection of the copyright (of PIZZOLATO of his published book and other
various materials), the economic right of publishing house EDITORIALE SPORT
ITALIA s.r.l; the economic law of WINNING PROGRAM s.a. for unfair competition
regarding the development of internships in the same place and in the same
period as developed by PIZZOLATO; for the use of the same graphics characters,
layout in the technical dispenser and the same by registration modules, sheets
and test explanation.
Meanwhile, the defendant was
defended by stating that the tables were not original. So, the respondent has
contested the claim. According to them the charts and materials used were very
widespread in the athlete's preparation sector - runners were therefore not so
original that they copyright, even they claimed that the documents subject to
the claim were in existence before the publication by and PIZZOLATO.
The Court has ruled:
Partially accepting a claim,
relying on allowing the reproduction of copyrighted material and following the
texts contained in the book "Correre ... secondo Orlando Pizzolato"
and a violation of the Winning Program PIZZOLATO trainees, punishing the
defendant with a fine of € 500.00 for each offence. He also sanctioned the
respondent party for damages to the plaintiff and € 15.000,00, plus the
lost profit from the moment raising the lawsuit.