Abstract
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 those works are not being exploited. This article examines the circumstances in which an assignment may be revoked, focusing on key provisions such as Article 110-septies of the Italian Copyright Act (introduced by Legislative Decree No. 177/2021), which governs cases of non-exploitation of works. We also consider the role of reconsideration mechanisms under Article 142, as well as the importance of adopting preventive contractual strategies. Finally, we look at the value of seeking advice from a lawyer specialising in copyright law to resolve disputes and prevent future problems.
What does it mean to assign copyright?
The assignment of copyright, governed by the Italian Copyright Act (Law No. 633/1941), is based on a fundamental distinction between:
- Moral rights: these are inalienable and protect the author’s right of attribution and the integrity of the work.
- Economic rights: these may be transferred to third parties and allow the creative work to be commercially exploited.
Assigning economic rights means allowing another individual or legal entity to commercially exploit a creative work. This may include acts such as reproduction, distribution, publication or public performance. An assignment will generally be made in return for financial consideration or other benefits agreed between the parties (see Authors’ Rights and Copyright- Canella Camaiora).
It is important to bear in mind that an assignment is not always permanent. Italian law provides for certain circumstances in which an author may revoke an assignment and regain control of the work. This right is, however, subject to specific conditions intended to strike a balance between the interests of the author and those of the assignee.
When can an assignment be revoked?
In Italy, the possibility of revoking an assignment of economic rights is governed by the Italian Copyright Act (Law No. 633/1941) and by other legislation, including the Italian Civil Code. This is not an absolute right, but rather a remedy available only in specific circumstances provided for by law.
One of the main circumstances that may justify terminating an assignment is the assignee’s failure to comply with its contractual obligations. For example, where the agreed remuneration is not paid or the work is not used within the period specified in the contract, the author may seek termination of the agreement.
A further remedy was introduced by the EU Directive 2019/790 (the so-called Copyright Directive, Article 22), which was implemented in Italy by Legislative Decree No. 177 of 2021.
The new Article 110-septies of the Italian Copyright Act allows an author to seek revocation on the grounds of non-exploitation of the work, provided that the assignee is first given a reasonable period of time in which to remedy the situation. More specifically, where the work has not been exploited within five years of the assignment or within two years of becoming available, the author may give the assignee a deadline by which exploitation must begin. If that deadline expires without action being taken, the agreement may be terminated or its exclusive nature may be revoked.
This protection, provided for by Article 110-septies of the Italian Copyright Act, is intended to prevent valuable works from remaining unused (I have previously discussed this issue in What can we expect from the Italian implementation of EU Copyright Directive 2019/790? and Six-monthly reporting, remuneration adjustment and protection of authors – AGCOM Resolution 95/2024).
Finally, Article 142 of the Italian Copyright Act provides for a “right to reconsider”, allowing the author to regain the rights in the work for serious moral reasons. However, the author must offer the assignee appropriate compensation for any financial loss suffered as a result. Such compensation must be calculated on the basis of the actual damage arising from the interruption of the exploitation of the work.
The mechanism provided for by Article 142 seeks to balance two fundamental interests: on the one hand, protecting the author by allowing them to reconsider the assignment where overriding moral considerations arise; and, on the other, ensuring fair compensation for the assignee, who may already have invested significant resources in exploiting the work.
What can authors do to protect their work?
An assignment of copyright, if not carefully managed, can result in a loss of control over creative works. To minimise this risk, authors should adopt preventive measures and contractual strategies designed to safeguard their interests.
First and foremost, it is essential to review the assignment agreement carefully. Clearly drafted provisions governing duration, remuneration, exploitation rights and conditions for revocation can provide greater certainty. Specific safeguards dealing with non-exploitation or termination for breach of contract are an important means of protecting the work.
Another key aspect is documenting any contractual breaches. Authors should collect tangible evidence, such as missed payments or unauthorised uses of the work, so that they are in a position to take legal action or negotiate a favourable solution if necessary.
Another strategy is to negotiate clauses limiting the scope of the assignment to specific rights or forms of use. For example, an author may decide to grant rights for a particular purpose while retaining control over other forms of exploitation.
Finally, for works with lasting value, it may be advisable to include periodic contract review clauses. These allow the parties to renegotiate the terms in response to changes in the market or to the author’s evolving creative needs.
These precautions not only protect the author’s work, but also enable informed and strategic management of their intellectual property assets. But what happens when these measures are not enough?
Why consult a specialist lawyer?
Managing copyright can be extremely complex, particularly when dealing with issues such as the revocation of an assignment. In such cases, the assistance of a lawyer specialising in copyright law can be essential in protecting the author’s interests and navigating the applicable legal framework.
A specialist lawyer can review the original agreement, identifying favourable provisions or potential gaps that may support a request for revocation. Legal advice is also valuable in assessing whether the agreement complies with the Italian Copyright Act and applicable European legislation.
Where a dispute arises, a lawyer can assist with the collection of evidence and the preparation of a formal request for termination of the agreement and damages, ensuring that each step complies with applicable legal requirements and established practice. Professional management of the matter is essential to avoid errors that could jeopardise the outcome of the claim.
Another important advantage is the ability to negotiate an amicable solution. An agreement between the parties can often avoid lengthy and costly court proceedings. An experienced lawyer can mediate between the author and the assignee and help identify a compromise that protects the interests of both parties.
Finally, as part of a preventive and long-term approach, a lawyer can assist with drafting tailored agreements, incorporating provisions designed to provide stronger protection in the future. This proactive approach enables authors to manage their creative assets with greater awareness and control.
Seeking specialist legal advice is not merely an immediate solution, but a genuine investment in the protection and enhancement of creative works.
Publication date: 1 September 2026
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Arlo Canella
Managing Partner dello studio legale Canella Camaiora, iscritto all’Ordine degli Avvocati di Milano, appassionato di Branding, Comunicazione e Design.