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)
Six-monthly reporting, remuneration adjustment and protection of authors (AGCOM Resolution No. 95/2024)
The recent AGCOM Resolution No. 95/24/CONS marks a significant development in the Italian regulatory framework for the management of copyright, introducing new transparency obligations and [...]
1 September 2026
How royalties work and what rights authors are entitled to
Royalties are a form of remuneration paid to holders of intellectual property rights, compensating them for the use of their works or inventions. This article [...]
1 September 2026
Can a copyright assignment be revoked?
The revocation of an assignment of copyright is a complex but important issue for authors and creative professionals seeking to monetise their works, particularly where [...]
1 September 2026
When a work has multiple rights holders, who decides how it can be exploited?
When the economic exploitation rights in a copyright-protected work belong to more than one person, must everyone agree before distribution rights can be granted to [...]
1 September 2026
Employment and copyright: is an employee entitled to royalties?
If you work in a creative sector or run a publishing house, you may face a difficult question: does a work created by an employee [...]
1 September 2026
Textile designs and legal protection: copyright, unfair competition and industrial property rights
In the fashion industry, reproducing graphic patterns is a widespread practice. But is such reproduction always lawful? When can copyright protection be invoked? These questions [...]
1 September 2026
From copyright to the public domain: a guide to the rules and the works released in 2025
Copyright protects creative works, granting authors both moral and economic rights over their creations. However, protection does not last forever and, depending on the country, [...]
1 September 2026
The editorial format: according to the Italian Supreme Court, it is not protected by copyright
An editorial format, understood as an organisational framework for content, does not satisfy the requirement of expressive form under Law No. 633/1941 and therefore falls [...]
1 September 2026
Can a work be published online if it is in the public domain only in certain countries?
A work may be in the public domain in one country while still protected by copyright in another. Putting it online therefore does not necessarily [...]
5 August 2026
Should Facebook pay newspapers? Fair compensation after the Meta–AGCOM Judgment
News costs money to produce and has value for those who distribute it online. In the Meta–AGCOM judgment, the Court of Justice of the European [...]
3 August 2026
Law 104 leave between annual leave and sick leave: caregiving purpose, holidays and the risk of abuse
The paid leave provided for under Law No. 104/1992 allows employees to be absent from work for needs connected with their own disability or to [...]
28 July 2026
Employee recording workplace conversations: when it is lawful and what the employer can do
Is it lawful to record workplace conversations? May an employee record a meeting, a discussion with their manager, or a conversation with colleagues without informing [...]
15 July 2026