- PART I PROVISIONS ON COPYRIGHT
- Chapter I Works Protected
- Chapter II Holders of the Right
- Chapter III Content and Duration of Copyright
- Chapter IV Special Provisions on Exploitation Rights in Certain Categories of Works
- SECTION I DRAMATICO-MUSICAL WORKS, MUSICAL COMPOSITIONS WITH WORDS, CHOREOGRAPHIC WORKS AND WORKS OF DUMB SHOW
- SECTION II COLLECTIVE WORKS, MAGAZINES AND NEWSPAPERS
- SECTION III CINEMATOGRAPHIC WORKS
- SECTION IV BROADCAST WORKS
- SECTION V WORKS RECORDED ON MECHANICAL DEVICES
- SECTION VI COMPUTER PROGRAMS
- SECTION VII DATABASES
- Chapter V Free Use
- PART II
- Chapter I Rights Relating to the Production of Phonographic Records and of Analogous Contrivances
- Chapter Ibis Rights of Producers of Cinematographic or Audiovisual Worksor of Sequences of Moving Images
- Chapter II Rights in Radio and Television Broadcasting
- Chapter III Rights of Performers
- Chapter IIIbis Rights in Works Published or Communicated to the Public for the First Time after the Author’s Economic Rights Have Expired
- Chapter IIIter Rights in Critical and Scientific Editions of Works in the Public Domain
- Chapter IV Rights in Designs for Stage Sets
- Chapter V Rights in Photographs
- Chapter VI Rights in Correspondence and Portraits
- Chapter VII Rights in Engineering Projects
- Chapter VIII Protection of the Title, Headings and External Appearance of Works, and of Articles and News—Prohibition of Certain Acts of Unfair Competition
- PART II BIS PROVISIONS ON THE RIGHTS OF THE MAKER OF A DATABASE.RIGHTS AND OBLIGATIONS OF THE USER
- PART III COMMON PROVISIONS
- PART IV PUBLIC DOMAIN FEES
- PART V PUBLIC LAW ENTITIES FOR THE ROTECTION AND EXERCISE OF AUTHOR’S RIGHTS
- PART VI FIELD OF APPLICATION OF THE LAW
- PART VII STANDING CONSULTATIVE COMMITTEE ON COPYRIGHT
- PART VIII GENERAL, TRANSITIONAL AND FINAL PROVISIONS
Law No. 633 of April 22, 1941 (as last amended by Legislative Decree No. 95 of February 2, 2001)
TABLE OF CONTENTS
Articles
Chapter VIII: Protection of the Title, Headings and External Appearance of Works, and of Articles and News— Prohibition of Certain Acts of Unfair Competition ....... 100102 Part IIbis: Provisions on the Rights of the Maker of a Database. Rights and Obligations of the User Chapter I: Rights of the Maker of the Database ............................. 102bis Chapter II: Rights and Obligations of the User ............................... 102ter Part III: Common Provisions Chapter I: Public Registers and Deposit of Works......................... 103106 PART I PROVISIONS ON COPYRIGHT
1. Works of the mind having a creative character and belonging to literature, music, figurative arts, architecture, theater or cinematography, whatever their mode or form of expression, shall be protected in accordance with this Law.
Computer programs shall also be protected as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works1, ratified and enforceable pursuant to Law No. 399 of June 20, 1978, as shall databases that, by reason of the selection or arrangement of their contents, constitute the author’s own intellectual creation.
2. In particular, protection shall extend to: 5. architectural plans and works; 10. industrial design works that have creative character or inherent artistic character3. In the absence of proof of written agreement to the contrary, the indivisible shares shall be presumed to be of equal value.
The provisions that regulate property owned in common shall be applicable. Furthermore, moral rights may be asserted at any time by any one joint author; and the work, if unpublished, may not be published nor be modified or utilized in a form differing from that of first publication, without the consent of all the joint authors. However, in the event of unjustified refusal by one or more joint authors, publication, modification or new utilization of the work may be authorized by the judicial authority upon such conditions and terms as that authority may order.
11. Copyright in works created and published under the name and at the expense of the State, the provinces or the communes shall belong to them.
In the absence of agreement to the contrary with the authors of the works published, the same right shall also belong to private legal entities of a nonprofitmaking character, as well as to academies [accademie] and other public cultural organizations, in respect of records of their proceedings and their publications.
SECTION I 12. An author shall have the exclusive right to publish his work.
He shall also have the exclusive right to exploit his work in any form or manner, whether original or derivative, within the limits laid down by this Law, particularly the exercise of the exclusive rights set out in the following Articles.
The first form of exercise of the right of exploitation shall be deemed to constitute first publication.
12bis. Unless otherwise agreed, the employer shall be the owner of the exclusive right of economic use of the computer program or database created by his employee in the course of his duties or on instructions given by the said employer.
12ter. Unless otherwise agreed, where an industrial design has been created by the employee in the course of his duties, the employer shall be the owner of the exclusive rights of economic exploitation of the work. The performance or recitation of a work within the normal circle of the family, of a community, a school or a retirement home, shall not be deemed a public performance provided that it has not been carried out with gainful intent.
15bis.—(1) Authors shall receive reduced remuneration if the performance or recitation of their works takes place on the premises of officially constituted assistance centers or institutions, or benevolent associations, on condition that they are intended solely for members and guests and that they are not carried out with gainful intent. Failing agreement between the Italian Society of Authors and Publishers [Società italiana degli autori ed editori] (hereinafter “SIAE”), and the concerned associations, the amount of the remuneration shall be laid down by decree of the President of the Council of Ministers [Presidente del Consiglio dei ministri] issued after consultation with the Minister for Home Affairs. 16.—(1) The exclusive right of broadcasting concerns the use of any means of distribution over a distance, such as telegraph, telephone, radio, television and other comparable media, including communication to the public by satellite and cable retransmission, and also encoded transmission subject to special conditions of access.
16bis.—(1) For the purposes of this Law: of the European Union which does not afford the level of protection laid down by this Law in respect of such system of communication to the public: 18. The exclusive right of translation concerns all forms of modification, adaptation and transformation of a work as referred to in Article 4.
An author shall also have the exclusive right to publish his works in a collection.
Finally, he shall have the exclusive right to make any modifications to his work.
18bis.—(1) The exclusive right of rental concerns the making available for use of originals, of copies or of carriers of copyright works for a limited period of time and for direct or indirect economic or commercial advantage.
Protection of Copyright and Rights Related to its Exercise*
Chapter II: Transfer of Exploitation Rights Section I: General Provisions ........................................................ 107114 Section II: Transmission Mortis Causa .......................................... 115117 Section III: Publishing Contracts ..................................................... 118135 Section IV: Contracts for Public Performances................................ 136141 Section V: Withdrawal of Works from the Market ......................... 142143 Section VI: Rights of the Author in Respect of the Increase in Value of Works of Figurative Art ................................. 144155 Chapter III: Legal Remedies and Penalties Section I: Civil Remedies and Penalties § 1: Provisions Relating to Exploitation Rights ................... 156167 § 2: Special Provisions for Proceedings in Respect of Moral Rights ................................................................. 168170 Section II: Penal Remedies and Penalties ....................................... 171174ter Part IV: Public Domain Fees ...................................................... 175179 Part V: Public Law Entities for the Protection and Exercise of Authors’ Rights............................................................. 180184 Part VI: Field of Application of the Law .................................... 185189 Part VII: Standing Consultative Committee on Copyright........... 190195 Part VIII: General, Transitional and Final Provisions ................... 196206 Chapter I Works Protected
Chapter II
Holders of the Right
Chapter III
Content and Duration of Copyright
�ECONOMIC EXPLOITATION OF WORKS
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