Criteri di risarcimento del danno per utilizzazione illegittima del diritto d'autore

The article provides a systematic analysis of Order No. 20083 of 18 July 2025 of the First Civil Chamber of the Italian Supreme Court, focusing on the criteria for assessing damages arising from the unlawful exploitation of copyright works, the allocation of the burden of proof, and the scope of the written-form requirement under Article 110 of the Italian Copyright Act.Starting from a detailed reconstruction of the contractual background of the case, the paper examines the relationship between the disgorgement of profits and the so-called “reasonable royalty” (price of consent), highlighting their complementary rather than hierarchical nature within the Italian legal framework. Particular emphasis is placed on the characterization of copyright infringement as a multi-offensive tort, capable of affecting a plurality of legally protected interests beyond mere economic loss.The analysis further explores the interaction between civil liability and criminal copyright enforcement, stressing the deterrent function of profit disgorgement and its role in preventing opportunistic infringement strategies. The decision is ultimately framed as an expression of an evolved model of copyright protection, grounded in a substantive understanding of exclusivity and in flexible, proportionate and effective remedial mechanisms.