Cameron Miranda
Italian copyright law is governed by Law no. 633 of 22 April 1941, with certain provisions outlined in the Italian Civil Code of 1942. The law has not changed significantly since its enactment, but amendments have been made to accommodate specific works like computer programs and databases. Italian copyright law grants authors economic and moral rights, with the former allowing for commercial exploitation and including resale rights, and the latter being eternal, non-transferable, and inalienable. Criminal penalties for infringement include fines and imprisonment, with increased penalties for gainful or commercial intent. While fair use is not formally recognized in Italian law, principles from foreign legal systems have influenced Italian case law, and the Tribunal of Rome Ruling No. 6504/2021 explicitly referenced the 'fair use' doctrine. Given the complexity of copyright law in Italy, it is important to consider whether citing Italian case law could potentially infringe on copyright protections.
| Characteristics | Values |
|---|---|
| Italian copyright law | Author-centric, with strong emphasis on authors' rights and exclusive economic rights |
| Exceptions to authors' rights | Limited, with no equivalent to fair use or fair dealing |
| Criminal law protection | Articles 171 to 171-nonies of the Copyright Act; penalties include fines and imprisonment |
| Civil law remedies | Injunction, damages (including non-pecuniary), destruction of infringing items and equipment, and interim injunction |
| Duration of economic rights | 70 years from the death of the author for most works; 20 years from first publication for works owned by governments, academies, public bodies, and non-profit cultural organizations |
| CJEU case law compatibility | Controversial aspects regarding subjective evaluation criteria and originality requirements |
| Customs enforcement | Regulation (EU) No. 608/2013 allows customs authorities to suspend release of imported goods suspected of infringing intellectual property rights |
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What You'll Learn
Italian copyright law and criminal penalties
Italian copyright law is strongly based on authors' rights and is largely governed by Law no. 633 of 22 April 1941, along with its various amendments and certain provisions in the Italian Civil Code of 1942. The law has not undergone significant changes since its enactment, with Italian lawmakers generally reluctant to institute major reforms.
Italian copyright law provides robust protection for authors' moral rights, which are eternal, non-transferable, and inalienable. Upon creation, authors automatically acquire exclusive economic rights to their work, allowing them broad discretion in exploiting these rights. The law also grants authors the exclusive right to publish and reproduce their work, as well as protection against the mutilation of their work or any act prejudicial to their honour or reputation. These moral rights are inheritable by the author's family and descendants.
The duration of economic rights for most works, including photographs, is 70 years from the death of the author. In cases of multiple authors or cinematographic works, these rights expire 70 years after the death of the last surviving author. For works owned by governmental entities, academies, public bodies, and non-profit cultural organizations, the duration of economic rights is 20 years from the first publication.
Italian copyright law also includes specific provisions regarding unpublished personal correspondence, memoirs, and portraits. Unpublished personal correspondence and memoirs cannot be communicated to the public without the consent of the author and addressee, even if the work enters the public domain. Similarly, a person's portrait may not be displayed, reproduced, or commercially distributed without the consent of the subject or their family after their death.
The law also addresses collective works, such as encyclopaedias, dictionaries, and anthologies, protecting them as original works without prejudice to the copyright of the individual constituent works. Computer programs and databases are also protected, with amendments to Law no. 633 specifically incorporating these works.
Italian copyright law outlines civil remedies and criminal penalties for infringements. Civil remedies include injunction, damages (including non-pecuniary), and destruction of infringing specimens and equipment. Criminal penalties, outlined in Article 171, include fines and imprisonment, with increased penalties for infringements done with commercial intent.
Italian copyright law does not recognise freedom of panorama, meaning artistic works in public spaces are not exempt from copyright protection. Additionally, official acts of the State are not entitled to copyright protection.
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Italian case law and 'fair use'
Italian copyright law is based strongly on authors' rights, with provisions found in Law no. 633 of 22 April 1941, and certain fundamental provisions in the Italian Civil Code of 1942 (Arts. 2575–2583). The law has not changed much since its first enactment, with Italian lawmakers reluctant to institute major reforms. While there have been amendments to Law no. 633 to include computer programs and databases, and to add or alter user exceptions, these are limited. There is no provision equivalent to fair use or fair dealing, and exceptions to authors' exclusive rights are interpreted restrictively by the courts.
The Civil Code states that rights belong to the author and their successors (Art. 2580), and that rights are first acquired upon creation of the work (Art. 2576 and Law no. 633, Art. 6). The subject matter owed protection is provided for identically in both the Civil Code (Art. 2575) and Law no. 633 (Art. 1):
> The object of the author's right is the work of the intellect of a creative character that belongs to the sciences, literature, music, figurative art, architecture, theatre, and cinematography, no matter the style or form of expression.
Exclusive economic rights are construed broadly, with no limit on the manners in which they may be exploited (Art. 12). The author has the exclusive right to publish and use the work in any shape or form, original or derivative (within legal limits), and certain exclusive rights such as reproduction in any manner or form, and public performance (Arts. 13, 14). The duration of economic rights for most works and photographs is 70 years from the death of the author (Art. 28). Where there are multiple authors, and for cinematographic works, these rights expire 70 years after the death of the last surviving author (Arts. 26, 32). For works where economic rights are owned by governments, academies, public bodies, and non-profit cultural organisations, the duration of economic rights is 20 years from the first publication (Art. 29). Under the Cultural Heritage Code, copyright on certain works is effectively eternal, even those created before Italy's first copyright law.
Italian copyright law also provides for certain exploitation rights over non-works. Phonograph producers have exclusive rights for 50 years from fixation to authorise reproduction, distribution, rental, lending, and internet availability of sound recordings (without prejudice to the author's rights). For dramatico-musical works, profit is shared among authors in proportion to the deemed value of their contribution (Art. 34). In film works, the authors of the subject matter, scenario, and music, along with the artistic director, are considered joint authors. While exploitation rights belong to the producer, certain uses require the consent of the joint authors (Arts. 44–46). Broadcasting services may broadcast works performed in public places without the author's consent, but only if the work is not being performed for the first time. The author will receive remuneration for these broadcasts (Arts. 52, 56, 57).
Italian case law reflects the country's strong focus on authors' rights. For example, in a case concerning the copyright protection of a lamp design, the Italian Supreme Court (Corte di Cassazione) issued an order (Cass., ord. no.11413/2024) that was compatible with existing CJEU case law in the area. The Italian Supreme Court's approach in this case was also followed in Brompton, where it was stated that copyright may be granted to a design product whose shape is, at least in part, necessary to obtain a technical result, where the author expresses their creative ability in an original manner.
In another case, the Milan Court of Appeal's assessment could not be censored in point of law, which departed from the approach adopted for architectural works, suggesting a reading of art.2 l.aut. in light of recent CJEU decisions, limiting "work" requirements to originality and expression. This highlighted the fragmented nature of first-instance decisions and the disregard of CJEU case law.
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Italian copyright law and broadcasting services
Italian copyright law is primarily based on authors' rights, with Law no. 633 of 22 April 1941 and the Italian Civil Code of 1942 (Articles 2575-2583) providing the foundational provisions. While there have been amendments to include new forms of creative work, such as computer programs and databases, and to adjust user exceptions, the law has remained largely unchanged. It is important to note that Italian copyright law does not include any concept similar to fair use or fair dealing, and courts tend to interpret exceptions restrictively.
In terms of broadcasting services, Italian copyright law grants certain exclusive rights. Broadcasting services may broadcast works performed in public places without the author's consent, but only if the work is not being performed for the first time. The author is still entitled to remuneration for these broadcasts. Broadcasters have the exclusive right for 50 years from the first transmission to authorise the fixation, reproduction, and distribution of fixations, and retransmission of the broadcast.
Italian copyright law also recognises moral rights, which are eternal, non-transferable, and inalienable. These rights are held by authors and performers, allowing them to oppose any reproduction or communication of their work that may be detrimental to their honour or reputation.
Italian copyright law provides for civil and criminal penalties for infringement. Civil remedies include injunctions, damages, and the destruction of infringing specimens and equipment. Criminal penalties include fines and imprisonment, with increased penalties for infringements carried out with commercial intent.
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Italian copyright law and computer programs
Italian copyright law is primarily based on authors' rights. Law no. 633, enacted on April 22, 1941, along with the Italian Civil Code of 1942, forms the foundation of Italian copyright law. While there have been amendments to include specific works like computer programs, the law has not undergone significant changes.
Italian copyright law offers robust protection for authors' rights, with limited exceptions. There is no equivalent to the fair use or fair dealing provisions found in other jurisdictions, and courts interpret exceptions restrictively. This means that authors have broad exclusive economic rights over the use and publication of their works, including reproduction in any form or derivative works, as outlined in Articles 2576 and 6 of the Civil Code and Law no. 633.
Computer programs are explicitly mentioned in Italian copyright law and are protected as literary works. This protection extends to databases that constitute the author's own intellectual creation. The term "computer program" includes preparatory design materials. However, the underlying ideas and principles of a computer program, including those behind its interfaces, are not protected.
Italian copyright law also provides for civil and criminal penalties for infringement. Civil remedies include injunctions, damages, and the destruction of infringing materials and equipment. Criminal penalties can result in fines or imprisonment, with increased penalties for commercial infringement.
In terms of duration, Italian copyright law grants economic rights for most works and photographs for 70 years after the author's death. For cinematographic works or multiple authors, the rights expire 70 years after the death of the last surviving author. Works owned by governmental or non-profit entities have a shorter duration of 20 years from the first publication. Notably, certain works are granted perpetual copyright protection under the Cultural Heritage Code.
Italian case law has addressed copyright issues, including a recent Supreme Court decision regarding the protection of a lamp design. This decision sparked discussion about the compatibility of Italian and EU approaches to copyright and design protection. The Italian Supreme Court's interpretation of originality requirements and their subjective nature has been a point of contention.
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Italian copyright infringement and remedies
Italian copyright law is based on authors' rights, with provisions found in Law no. 633 of 22 April 1941 and the Italian Civil Code of 1942. The law has seen few major changes, maintaining a strong focus on authors' rights with limited exceptions. Any unauthorised use of a protected work constitutes copyright infringement, with intermediaries like ISPs also liable if their services are used for infringement.
Italian copyright law provides civil and criminal remedies for infringement. Civil remedies include injunction, damages (including non-pecuniary), destruction of infringing items and equipment, and seizure. Rights holders may seek an interim injunction to prevent serious and irreparable damage. Monetary damages are also available, calculated based on the infringer's profit or the 'cost of consent'. If an injunction is ordered, the court may impose penalties for further violations. Criminal penalties include fines and imprisonment, with increased penalties for commercial infringement.
Italian law also addresses specific scenarios. For dramatic and musical works, profit is shared among authors based on contribution value. Broadcasting services may transmit public performances, excluding premieres, with remuneration to the author. Official state acts are not eligible for copyright protection. Freedom of panorama for artistic works in public spaces is not recognised, and rights holders must protect against infringement. Italian copyright duration is typically 70 years from the author's death, but varies for certain works.
Italian courts have addressed copyright and design protection cumulation, with the Italian Supreme Court ruling on a lamp design case. The court's decision emphasised different objectives between legal texts, allowing concurrent protection in specific situations. The Italian approach to originality and expression requirements has been controversial, with ongoing assessments by the CJEU regarding compatibility with EU law.
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Frequently asked questions
No, citing Italian case law is not a form of copyright infringement. However, Italian copyright law does not have a clearly defined fair use doctrine, and any unauthorised use of a protected work may fall under copyright infringement.
The primary remedy for copyright infringement under Italian law is a permanent injunction against the infringer, as per Article 156 of the Copyright Act.
Criminal penalties for infringers include fines and imprisonment, with increased penalties for infringement with commercial intent.
Copyright protection in Italy arises at the moment of creation and covers both economic and moral rights. Economic rights provide commercial exploitation abilities to the author, while moral rights are eternal, non-transferable, and inalienable. Any unauthorised use of a protected work is considered copyright infringement.
Italian copyright law has not changed much since its first enactment. Amendments have been made to Law No. 633 to include specific works like computer programs and databases, but major reforms are rare.
