Usurpazione di diritti audiovisivi su eventi sportivi e criteri di stima del danno. Nota a Trib. Milano 19 maggio 2020

The case concerns the violation of exclusive rights in the audiovisual broadcasting of sporting events (not transferable) and introduces complicated interpretative problems regarding the criteria for ascertaining and selecting the pecuniary damage, which cannot be determined according to the usual so-called "criterion of reasonable royalty" and not even with reference to the profits obtained by the usurper (in fact missed). In estimating the damage from loss of earnings understood as damage from missed contracts with a part of the users of the 'pirate' audiovisual service, the judges do not operate according to tested and scientifically objective models, but opt for a wide use of the equitable criterion that risks becoming arbitrary. The question also arises of the configurability of non-pecuniary damage and of the dissuasive function that this figure (together with the remedy of the publication of the sentence) is called upon to implement.