633 to incorporate specific works such as computer programs and databases, or to add or alter user exceptions, but generally Italian lawmakers have been reluctant to institute any major or fundamental reforms.
1): "The object of the author's right is the work of intellect of creative character that belongs to the sciences, literature, music, figurative art, architecture, theatre, and cinematography, no matter the style or form of expression."
1 requires only that the work be "of the intellect" and "of creative character", Italian courts and scholars have interpreted the provision as conditioning copyright protection on four elements: (1) a particular (not high) degree of creativity; (2) novelty; (3) the work's objectification or externalization; (4) affiliation to art or culture.
2 lists non-exhaustive examples of protected subject matter ("In particular are protected..."): literary, dramatic, scientific, education, and religious works (whether in written or oral form); musical compositions with or without words; choreographic works and pantomimes; computer programs and databases.
With respect to computer programs, databases, and industrial designs that are created by an employee in the course of her duties, the employer is exclusively entitled to exercise economic rights in the work (Arts.
Likewise, where a photograph is taken in the course of duties, economic rights belong to the employer, or to the person who commissioned the portrait (Art.
While the exploitation rights over the whole work belong to the producer, certain uses require the consent of the joint authors (Arts.
In the author-centric Italian copyright law, moral rights, is eternal, non-transferable, and inalienable.
The duration of economic rights for most works and for photographs in Italian law is 70 years from the death of the author (Art.
Italian copyright law mandates that unpublished personal correspondence and memoirs may not be communicated to the public without the consent of the author and addressee (where appropriate).
Likewise, a person's portrait may not be displayed, reproduced, or commercially distributed without the consent of the subject or of his family if he has died (Art.
The artist is then owed a percentage of the profit made in subsequent public sales of the work (Art.
Limitations and exceptions are set out individually and are interpreted restrictively by the courts, as one would expect in an author's rights regime.
[1] Certain exceptions do not require remuneration to the author: the reproduction of current news articles or broadcasts, where the original source is indicated (Art.
65); the reproduction or communication of public speeches on matters of political or government interest (Art.
66); the use of fragments or quotations for criticism, discussion, or non-commercial teaching or research (with source indicated) (Art.
Loans by state libraries made for cultural promotion or personal study do not require authorization or remuneration (Art.
Authors and phonograph producers are entitled to remuneration for these activities via levies on recording devices and blank media (Art.
Where a work is protected by a technological protection measure, the rights holders are obliged to adopt proper solutions to allow the exercise of certain exceptions and limitations by lawful users on request, where the exercise would not conflict with the normal exploitation of the work or unduly prejudice the rights holder (Art.
Freedom of panorama for use of artistic works in public spaces is not recognized in the Italian copyright law.
The role of intermediary, however, is legally reserved for the Società italiana degli autori ed editori (SIAE) (Italian Society of Authors and Publishers), although membership is not mandatory (Art.
The SIAE is a public body that has a central role in the exercise of economic rights, being responsible for the granting of licences and authorizations, and the collection and distribution of royalties (Art.
SIAE has a central role in rights administration, supervising public showings in cinemas, broadcasting, reproduction and distribution of audiovisual and photographic works, copy centres, and the manufacturing, import, and distribution of blank media (Art.
The organization also affixes its mark on media containing software, sound recordings, and moving images, that are intended to be placed on the market for sale or rent.
This mark consists in a holographic sticker on which is printed the name of the author or copyright owner, a sequential ID number, and the final destination of the product (sale or rent) (Art.