Cecily Zamora
Italy's copyright law is notably different from that of other countries. It is based strongly on authors' rights, with exclusive economic rights construed broadly. Italian copyright law covers literary, artistic, musical, architectural, theatrical, and cinematographic works, as well as computer programs and databases. The law provides protection for creative works, with authors having exclusive rights to publish, reproduce, publicly perform, and communicate their work. The duration of economic rights is typically 70 years from the death of the author, and there are provisions for profit-sharing among authors of dramatico-musical works. Italian copyright law also grants moral rights to performers and mandates consent for the communication of unpublished personal correspondence.
| Characteristics | Values |
|---|---|
| Basis of Italian copyright law | Authors' rights |
| Exceptions to authors' exclusive rights | Limited |
| Subject matter owed protection | Sciences, literature, music, figurative art, architecture, theatre, and cinematography |
| Economic rights | Broadly construed |
| Profit-sharing for dramatico-musical works | Proportional to the deemed value of the contribution |
| Duration of economic rights for most works and photographs | 70 years from the death of the author |
| Duration of economic rights for works owned by governments, academies, public bodies, and non-profit cultural organizations | 20 years from the first publication |
| Rights over non-works | Phonograph producers have exclusive rights for 50 years from fixation |
| Broadcasters' exclusive rights | 50 years from the first transmission |
| Performers' exclusive rights | 50 years from performance |
| Protection of unpublished works | Yes, by filing with the Society of Authors and Publishers (SIAE) |
| Duration of copyright protection | Author's lifetime and 70 years after their death |
| Registration system for copyright | No |
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What You'll Learn
Italian copyright law is based on authors' rights
Italian copyright law is strongly based on authors' rights. It protects the creative works of authors in the fields of literature, music, fine arts, architecture, theatre, cinematography, computer programs, and databases.
Italian copyright law grants authors exclusive economic rights, which are construed broadly. Authors have the exclusive right to publish, use, reproduce, publicly perform, and communicate their work. They also have the right to authorize renting or lending to the public. These economic rights last for the author's entire life and can be exercised by their heirs for 70 years after their death.
In the case of multiple authors, such as in film works, the authors of the subject matter, scenario, and music, along with the artistic director, are considered joint authors. Profit is shared among authors in proportion to the deemed value of their contribution. For example, in operas, the author of the music receives three-quarters of the total profit, while the author of the lyrics receives one-quarter.
Italian copyright law also recognizes moral rights, which are eternal, non-transferable, and inalienable. Performers, including voice actors, can enforce their moral rights against any communication or reproduction that might prejudice their honour or reputation.
Italian copyright law provides a broad scope of protection for authors' rights, with limited exceptions. It does not provide for any fair use or fair dealing provisions, and courts interpret exceptions restrictively. Authors can protect their unpublished works by filing them with the Society of Authors and Publishers (SIAE). Overall, Italian copyright law strongly upholds the rights of authors and creators.
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There is no fair use or fair dealing equivalent
Italy's copyright law is notably different from that of other countries, particularly when it comes to fair use. Italian copyright law is strongly based on authors' rights, and exceptions to these exclusive rights are limited. There is no provision equivalent to fair use or fair dealing, and Italian courts interpret these exceptions restrictively.
This means that, in Italy, the use of copyrighted material without the author's consent is generally not permitted, even for educational or research purposes. This is in contrast to many other countries, where fair use or fair dealing provisions allow for limited use of copyrighted material without the author's permission, as long as it falls within certain guidelines.
The Italian copyright law, Law no. 633, has seen some amendments to incorporate specific works, such as computer programs and databases, and to alter user exceptions. However, Italian lawmakers have been reluctant to institute any major reforms. The law protects creative works of literature, music, fine arts, architecture, theatre, cinematography, and, under specific conditions, objects of industrial design.
It is important to note that Italian copyright law does provide for certain exploitation rights over non-works. For example, phonograph producers have exclusive rights for 50 years from fixation to authorize reproduction, distribution, rental, lending, and internet availability of sound recordings. Similarly, broadcasters have exclusive rights for 50 years from the first transmission to authorize fixation, reproduction, and distribution of fixations, and retransmission of the broadcast.
Italian copyright law also recognizes moral rights, which are eternal, non-transferable, and inalienable. This means that, even if an author transfers or licenses the rights of exploitation of their work, they still retain certain moral rights, such as the right to oppose any communication or reproduction of their performance that might be prejudicial to their honour or reputation.
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Exclusive economic rights are broadly construed
Italian copyright law is based strongly on authors' rights. Exclusive economic rights in Italian copyright law are construed broadly. Art. 12 does not limit the manners in which economic rights may be exploited but provides examples. The author has the exclusive right to publish the work, and to use the work in any shape or form, original or derivative (within limits fixed by the law). This includes certain exclusive rights such as reproduction in any manner or form by any process (Art. 13), public performance (Art. 15), and communication by wire, wireless, or the Internet (Art. 16). The author also has the exclusive right to authorize renting or lending to the public (Art. 18-bis).
The duration of economic rights for most works and for photographs in Italian law is 70 years from the death of the author (Art. 28). Where there are multiple authors, and for cinematographic works, the economic rights expire 70 years after the death of the last surviving author (Arts. 26, 32). For works in which the economic rights are owned by government, academies, public bodies, and non-profit cultural organizations, the duration of the economic rights is 20 years from the first publication (Art. 29).
Italian copyright law also provides for certain exploitation rights over non-works. Broadcasters have the exclusive right for 50 years from the first transmission to authorize the fixation and retransmission of the broadcast (Art. 79). Performers have the exclusive right for 50 years from performance to authorize the fixation of the performance and the broadcasting of live performances (Art. 80). The performer is also afforded moral rights, meaning they may oppose any communication or reproduction of their performance that might be prejudicial to their honour or reputation (Art. 81).
In the author-centric Italian copyright law, moral rights are eternal, non-transferable, and inalienable. Exceptions to authors' exclusive rights are limited – there is no provision equivalent to fair use or fair dealing and are generally interpreted restrictively by the courts.
Copyright law provides creators with two broad groups of rights: economic rights and moral rights. Economic rights are more broadly protected under US copyright law, such as the right of reproduction and the right of distribution. The US Copyright Act recognizes moral rights in a limited way in Section 106A, the Visual Artists Rights Act. This provision was passed in 1990 as part of the United States' entry into the Berne Convention.
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Duration of copyright protection
Italian copyright law is based strongly on authors' rights. There are no provisions equivalent to fair use or fair dealing, and exceptions to authors' exclusive rights are generally interpreted restrictively by the courts.
The duration of economic rights for most works and for photographs in Italian law is 70 years from the death of the author. Where there are multiple authors, and for cinematographic works, these rights expire 70 years after the death of the last surviving author. For works in which the economic rights are owned by government, academies, public bodies, and non-profit cultural organizations, the duration of the economic rights is 20 years from the first publication.
Under the Cultural Heritage Code, copyright on certain works is effectively eternal, including works that were made centuries before Italy had its first copyright law.
Italian copyright law also provides for certain exploitation rights over non-works. Phonograph producers have the exclusive right for 50 years from fixation to authorize reproduction, distribution, rental, lending, and internet availability of the sound recording. Broadcasters have the exclusive right for 50 years from the first transmission to authorize the fixation and retransmission of the broadcast. Performers have the exclusive right for 50 years from performance to authorize the fixation of the performance, as well as the reproduction, distribution, rental, or lending of the fixation, and the broadcasting of live performances.
Italian copyright law mandates that unpublished personal correspondence and memoirs may not be communicated to the public without the consent of the author and addressee (where appropriate).
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Performance and moral rights
Italian copyright law is centred on authors' rights, which are protected by moral and economic rights. Authors have the exclusive right to publish and use their work in any shape or form, original or derivative, and to reproduce it in any manner or form by any process. This includes the right to public performance and communication by wire, wireless, or the Internet.
Performance rights are a key aspect of Italian copyright law, and performers, including voice actors, have exclusive rights over their performances. Specifically, they have the right to authorise the reproduction, distribution, rental, and broadcasting of their live performances for 50 years from the performance. This right also extends to opposing any reproduction or communication that may harm their honour or reputation, which is known as a moral right.
Moral rights, in general, are a vital component of Italian copyright law and are considered eternal, non-transferable, and inalienable. They protect the author's reputation and honour and ensure they receive appropriate recognition for their work. These rights last for the entirety of the author's life and can be exercised by their heirs for 70 years after their death.
Italian copyright law also recognises the economic rights of authors, which include the right to exploit their work financially. This covers the author's right to reproduce, distribute, and rent their work, as well as authorise public performances and communication to the public. The duration of these economic rights is typically 70 years from the death of the author, but in the case of multiple authors or cinematographic works, it expires 70 years after the death of the last surviving author.
It is important to note that Italian copyright law does not provide for any fair use or fair dealing exceptions, and courts interpret the law restrictively. This means that any use of copyrighted material without the author's consent may constitute infringement.
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Frequently asked questions
Italian copyright law is based strongly on authors' rights. There is no provision equivalent to fair use or fair dealing, and exceptions to authors' exclusive rights are limited. Italian copyright law also provides for certain exploitation rights over non-works.
According to Article 25 Copyright Law, the duration of copyright protection lasts for the author's whole life and can be exercised by their heirs for 70 years after the author's death.
Italian copyright law protects literary, artistic, musical, architectural, theatrical, and cinematographic works having creative character. It also covers computer programs and databases.
