Copyright infringement and exceptions: a brief guide for authors

How can an author protect themselves? Infringements and remedies

First and foremost, it is crucial to emphasize that almost any unauthorized use of protected works by third parties constitutes a copyright infringement. Unfortunately, copyright violations are common and often easily identifiable.

In the digital era, a common example is the uploading of audio or video content to the internet, including social media, without the original author’s consent. Other forms of infringement include:

• The complete reproduction of an existing literary work with subsequent misappropriation of credit.
• The duplication of software, either in whole or in part, for commercial purposes without the rights holder’s authorization.

As demonstrated, virtually all unauthorized uses, whether for profit or not, constitute copyright violations under Italian law.

The injured author has the right to undertake a range of legal actions, including:

1. Obtaining a permanent injunction against the infringer.
2. Requesting the surrender or destruction of counterfeit materials.
3. Seeking the seizure of infringing products and their removal from the market.
4. Claiming monetary damages, calculated based on the infringer’s profits or the “license fee” that would have been paid had a regular license been obtained.

It is important to note that the law imposes specific limits on certain remedies, such as injunctive relief, which requires proof of urgency and the risk of serious and irreparable damage to the author. Prompt legal action, with the assistance of an attorney, can prevent ongoing harm or avoid damage altogether.

Are there any limitations or exceptions to copyright?

Italian copyright law provides for some fundamental exceptions, known as “free uses”, which allow for the reproduction of creative works under specific circumstances. These provisions seek to balance the author’s control over their work with the need to promote knowledge and cultural dissemination.

Some of these exceptions include:

• Private use: individuals may create copies of works for personal use, provided that such copies remain in the private domain and are not distributed or commercialized.
• Use by cultural heritage institutions: institutions responsible for preserving cultural heritage are permitted to reproduce works within their collections for conservation and study purposes.
• Reproduction of political, religious, or economic articles: articles of this nature may be reproduced or distributed unless the author has explicitly prohibited such use. In such cases, the publication date and the author’s name must be cited.
• Use for criticism, scientific research, or educational purposes: the reproduction and public communication of excerpts or summaries of works are allowed, provided they are not used for commercial purposes and are used under the supervision of an institution promoting knowledge.
• Online dissemination for educational or illustrative purposes: low-resolution images and musical excerpts may be published online for educational or illustrative purposes, provided that their use is non-commercial.

Copyright and artificial intelligence: automatic violations of rights

In the digital age, with the widespread use of social networks and websites, the reproduction and sharing of copyrighted works occur at an astonishing speed, often without even considering the legitimacy of such actions.

Unauthorized uses, such as downloading from questionable sources or the irresponsible dissemination of content, restrict and violate the rights of authors to be fairly compensated for their creativity and efforts. These unlawful behaviors have now become “classics” of online copyright infringement.

However, with the rise of Artificial Intelligence (AI), a new form of infringement has emerged—one that occurs almost “automatically.” The automatic nature of this violation is largely due to the way AI systems function: they require the ingestion of vast amounts of data and information to generate impressive results, like those we have recently witnessed.

Datasets—collections of information, images, illustrations, photos, and videos fed into AI systems that specialize in “creating”—often include copyrighted content.

This raises a major issue related to content extraction, as such materials are frequently used without consent. Attempts have been made to counteract this by marking content with the label “all rights reserved.” However, AI often fails to digitally recognize this designation, indiscriminately using any material it is provided with. As a result, this does not seem to prevent the “silent exploitation of creative works” (on this topic, see “Artificial Intelligence: The Silent Exploitation of Authors’ Works” by Arlo Canella).

It is clear that, in the near future, to protect authors’ rights, a clear and uniform regulation is expected—at least at the European level—which could serve as a model for national legislation as well.

Currently, artificial intelligence is under legislative scrutiny in Europe through a law known as the “AI Act,” which addresses various aspects, including the use of copyrighted materials in datasets. The goal is to strike a balance between technological progress and the economic rights of authors, aiming to safeguard both.