Authors’ Rights and Copyright
The Law always safeguards (and protects) the product of human creativity, as long as it possesses an appropriate creative capacity and is in tangible form.
Unlike trademarks and patents, authorial copyright does not require any filing for the establishment of the right and therefore for its protection. It is however imperative to always keep evidence of the creation of the work, otherwise the authorship right and the exclusive economic exploitation right related to it are both jeopardised.Music, literature, drawing… Although there is no exhaustive list of work genres to refer to, it is always a good idea to plan a responsible legal protection strategy, tailored to suit the creative creation.
Our special services dedicated to this practice area are:
Italian Authors’ Rights is mainly governed by Law no. 633 of 22 April 1941 and Title IX of the Italian Civil Code; however, there is not a list of works or absolute categories to refer to. The following can certainly be taken into consideration: Texts, Publishing, Photography, Music, Novels, Screenplays, Stylistic Design, Literature, Movies, Television, Presentations, Formats, Websites.
Article 2 of the Italian Authors’ Rights provides a list of works eligible for protection. Unfortunately, this is only an approximative list and, for this reason, we rephrase it below:
- literature: literary, dramatic, scientific, educational and religious works; both in written and oral form;
- music: musical works and compositions (with or without lyrics), dramatic-musical works and musical variations (provided they are original works themselves);
- figurative arts: sculptures, paintings, drawings, engravings or works belonging to similar figurative arts, including scenography;
- architecture: architectural drawings and constructions;
- theatre: choreographic and pantomime works (with or without a script);
- cinematography: cinematographic works (silent or with sound), photographic works;
- industrial design: works possessing artistic and creative value.
In addition, so-called “creative elaborations”, such as translations into another language, transformations from one literary or artistic form into another, adaptations, reductions, etc., are also protected. Following the implementation of Directives 96/9/EC and 91/250/EEC, computer programs and databases are also included in the list.
Authors’ Rights and Copyright
Interference and plagiarism cases
Contract drafting and negotiation assistance
Legal proceedings for counterfeiting, infringement, usurpation and vindication claims
Payment recovery and/or compensation for damages
Software registration with SIA (Italian Society of Authors and Publishers)
The right to be forgotten and Google delisting: when is compensation for damage available? Italian Supreme Court No. 6433/2026
Does an infringement of the “right to be forgotten” automatically give rise to a claim for damages? In its decision No. 6433 of 18 March [...]
26 June 2026
Works of art under EUR 13,500: what changes after Judgment No. 51/2026 of the Italian Constitutional Court
Judgment No. 51/2026 of the Constitutional Court clarifies the regime applicable to works of art “below threshold” in international circulation. The Court does not eliminate [...]
25 June 2026
The tax risks of intra-group transfers
Training the staff of a newly acquired foreign subsidiary, providing access to software developed by an Italian investee company, or granting use of a trademark [...]
24 June 2026
Parental Leave and Abuse of Rights: When Dismissal May Be at Ris
This article examines the purpose and limits of the use of parental leave in light of the recent Order of the Italian Supreme Court, No. [...]
23 June 2026
Software projects: how to manage open source libraries and third-party APIs
In commercial software projects, open source libraries and third-party APIs can reduce development time and costs, but they require precise checks. This article explains which [...]
17 June 2026
AI-developed software: who owns the code generated by ChatGPT or Claude?
The article examines the main legal issues connected with the use of AI in software development. It clarifies when the generated code may belong to [...]
17 June 2026
Cultural events involve more than works: the rights of performers and executing artists
In cultural projects, discussions often focus on works and copyright. However, in events such as concerts, performances, and festivals, what is actually used is not [...]
29 May 2026
Is it lawful to use music or video in a cultural event? Authorizations, costs, and risks
Using music or video in a cultural event is never neutral: even a simple playback may require authorizations and generate costs, including in the absence [...]
26 May 2026
The Court of Justice of the EU revisits “authorial creativity” applied to design
The judgment of the Court of Justice of EU of 4 December 2025 (joined cases C-580/23 and C-795/23) redefines the boundaries of copyright protection in [...]
22 May 2026
Upcycling and branded products: when resale becomes risky
Upcycling consists of transforming existing products into new items, often with creative or sustainable purposes. However, when it involves branded products, reselling the modified item [...]
15 May 2026
When is authorization required to use a cultural heritage asset?
When a work is classified as a cultural heritage asset, the issue is no longer simply who owns the rights, but what can actually be [...]
14 May 2026
From news reporting to advertising: when using a team’s image becomes unlawful
A sports photograph may seem like harmless content, but it can amount to unlawful conduct when it is used to generate an economic advantage. A [...]
8 May 2026