Product placement e libertà di espressione
Creators: name: Fiori, Laura <1978>
Publisher: name: Alma Mater Studiorum - Università di Bologna
Year: 2008
Subjects: IUS/01 Diritto privato

description: Object of the search is the advertising phenomenon of the "product
placement", with reference to that it has been investigated legality’s limits,
as well as the relationship with the constitutionally protected liberty of
expression.
Particularly, it has been analyzed, in first place, the problem of the
relationship between the freedom of expression and the liberty of economic
initiative, with particular reference to the different circles of guardianship to
these prepared: or, larger, the one provided for the first from the 21th article
of Costitution, more circumscribed, instead, the one established in the 41th
article of Costitution, with reference to the second. This analysis has been
made with the purpose to investigate the coordination among such liberties
in those forms of communications that, for the proper peculiarities that
characterize them, can be qualified, according to the concrete circumstances
in which they are spread, so much forms of liberty of expression, how much
exercise of an activity of enterprise.
Under this last profile, it has been taken attention on the advertising activity
and, specially, on the non transparent publicities, or not immediately
perceivable as such from their receivers, and, therefore, in contrast with the
advertising trasparence’s principle: or, the so-called cases of hidden
publicity, what the editorial publicity, both "in narrow sense" both "in
general sense", as well as the phenomenon of the product placement (or
positioning of product), by now diffused in the commercial routine.
Therefore, it has been proceeded to a complete and exhaustive examination
of innovations introduced by the recent legislative discipline in subject of
“planned placement of marks and products” in the cinema works,
appraising, in the specific one, the effects, juridical and no juridical,
consequential from the introduction of a first form of regulation of the
phenomenon of the product placement and, particularly, from the express
provision about the legality of the use to such advertising, if it has realized
according to specific requirements or condition. In relationship to such
profile, it has been also investigate limits (sub kind of normative gaps) from
which the recently introduced discipline in subject would seem
characterized.
Finally, a further circle of investigation has concerned the possible
organization of the phenomenon under a negotiate aspect, as particular
contract of advertising, in which the object consists in an promotional
activity. Concerning this, the experience of foreign countries (above all the
Anglo-Saxon one) has been very important, because of the absence, in our
arrangement, of a general normative discipline about advertising contracts.
Consequently, I’ve investigated principal characteristics of similar
contracts, in first place the atypicalness, because of the lack, in Italy, of a
legislative discipline of this contract. Such investigation has also been
developed through a comparation between the positioning of product and
the other advertising contracts, among which, particularly, the sponsorship,
as well as the contracts for the advertising exploitation of the name and
other people's image, and, specially, the contract of testimonial and the
contract of endorsement.