Copyright Law in Italy and Europe: A Comprehensive 2026 Guide for International Clients

Last updated: September 2026 — by Avv. Claudia Roggero, Rome Bar since 2003, entertainment and copyright law, DANDI.media

Italian copyright law will not do what a US or UK contract assumes it does. Moral rights cannot be waived. Rights transfers must be written and are read narrowly against the acquirer. Authors and performers hold rights that no contract can remove, including the power to claim more money years later or to take the rights back. And there is no fair use — only a closed list of narrow exceptions.

This guide sets out the framework an international client actually needs: where the two systems diverge, what that means for drafting, and which recent reforms have changed the position. Each section links to a specialised guide for deeper treatment.

In this guide

• Two traditions: droit d’auteur and copyright
• What is protected, and who owns it
• Moral rights: the provision that breaks foreign templates
• Copyright duration
• Assignment and licensing
• DSM rights that cannot be contracted away
• Exceptions: a closed list, not fair use
• Collective management: SIAE, Soundreef and the others
• AI and copyright
• The 2025 photograph reform
• Cross-border issues and applicable law
• Enforcement in Italy
• Frequently asked questions
• How DANDI supports international clients

Two traditions: droit d’auteur and copyright

Italy belongs to the civil law tradition of droit d’auteur, which treats the author’s connection to the work as personal and permanent rather than purely economic.

The consequences are not theoretical. Provisions that close the matter in a Los Angeles or London agreement can be void in an Italian one. Work-for-hire structures that operate seamlessly in US production require adaptation here, because Italian law treats the actual human creator as the author and does not allow that status to be assigned.

Knowing when the two systems diverge — and when they do not — is the whole of cross-border copyright competence. See our comparison of civil law and common law copyright in film.

What is protected, and who owns it

Article 1 of the Italian Copyright Act (Law 633/1941) protects opere dell’ingegno di carattere creativo — works of the intellect of a creative character — across literature, music, the figurative arts, architecture, theatre and cinema, in whatever form expressed. Article 2 lists the categories: literary and dramatic works, music, choreography, sculpture, painting and drawing, architecture, cinematographic and audiovisual works, photographic works, computer programs, databases, and industrial design of artistic value.

The originality threshold is low but real: the work must reflect the author’s own intellectual creation and express creative choices. The Court of Justice has progressively harmonised this across the Union in Infopaq (C-5/08) and Painer (C-145/10). Facts, ideas and methods remain unprotectable.

The author is the human creator, and authorship itself cannot be transferred — only economic rights can. For audiovisual works, Article 44 LDA recognises the author of the story and screenplay, the composer of the original music, and the director as co-authors. Each of them must expressly assign economic rights to the producer; nothing passes by implication.

Moral rights: the provision that breaks foreign templates

Italian moral rights are inalienable, unwaivable and perpetual. Articles 20–24 LDA establish the rights of attribution, integrity, disclosure and, in defined circumstances, withdrawal.

In practice this means:

• they cannot be transferred by contract, and purported waivers are void or of very limited effect;
• they survive the author’s death indefinitely and are exercisable by heirs;
• they apply even after economic rights have expired and the work is in the public domain.

A US waiver drafted under VARA, or a UK waiver valid under the CDPA 1988, does not extinguish Italian moral rights. It simply leaves the issue unaddressed. The workable approach is a limitation and non-exercise clause — the author agrees not to invoke specified moral rights in specified commercial contexts — combined with approval mechanisms for material modifications.

The classic illustration is the Huston colourisation case (French Cour de Cassation, 28 May 1991): John Huston’s heirs succeeded in France against the colourisation of The Asphalt Jungle having lost the same claim in the United States. The same act, lawful in one jurisdiction and unlawful in another.

Copyright duration

Protection arises automatically on creation; no registration is required. SIAE deposit is evidentiary, not constitutive.

A work in the public domain in one country may still be protected in another, and the distribution plan decides which analysis matters. The 2025 photograph reform has made this materially harder for Italian historical material.

Assignment and licensing

Economic rights can be assigned outright or licensed exclusively or non-exclusively. Article 110 LDA requires the transfer to be in writing to be provable, and Articles 119–120 require it to be construed restrictively: what is not expressly granted is retained.

Two consequences for foreign counsel:

• Catch-all language does less work. “All rights in all media now known or hereafter devised” is not the reliable grant here that it is in a common-law jurisdiction. Media and uses should be enumerated.
• Future media do not pass by implication. This is why pre-2000 Italian catalogue contracts often fail to cover streaming cleanly, and why contracts drafted before 2023 rarely cover AI training at all. On any Italian catalogue acquisition, this is the first point to diligence.

DSM rights that cannot be contracted away

Chapter 3 of Directive (EU) 2019/790, transposed by D.Lgs. 177/2021, gives authors and performers four rights that survive any contrary agreement.

Three features matter commercially:

• They cannot be waived in advance. A clause purporting to exclude them is ineffective.
• Article 110-quinquies reaches historical agreements. A catalogue acquired cheaply that then performs far beyond expectations is exactly the situation it addresses.
• Articles 110-quater and 110-quinquies are overriding mandatory provisions under Article 3(4) of the Rome I Regulation — they apply notwithstanding a foreign choice of law.

That last point is the one foreign templates most often get wrong: choosing New York or English law does not remove them.

Exceptions: a closed list, not fair use

There is no fair use in Italy. Exceptions form a closed list, harmonised principally by Article 5 of Directive 2001/29/EC and construed narrowly. A use that does not fit a recognised exception is an infringement, however reasonable it may appear.

The exceptions that arise most often in practice:

• Quotation, criticism and review (Article 70 LDA; Article 5(3)(d) of Directive 2001/29/EC) — within the limits justified by the purpose, with attribution, and provided the use does not compete with normal exploitation of the work
• Parody, caricature and pastiche — with contours set by the CJEU in Deckmyn (C-201/13) that differ materially from UK and US positions
• Private copying, subject to the levy on devices and media
• Text and data mining, transposing DSM Articles 3 and 4, with a rightsholder opt-out for commercial uses
• Buildings in public places, news reporting, education and research, library and archive uses, and orphan works

The closed-list principle was confirmed by the CJEU in Pelham (C-476/17, 2019), which struck down the German free-use doctrine — and which also sets the strict framework for music sampling across the Union.

For clip and archive use specifically, see our chain of title documents checklist.

Collective management: SIAE, Soundreef and the others

These operate through reciprocity with foreign equivalents — ASCAP, BMI, PRS, GEMA, SACEM — under Directive 2014/26/EU.

Registration strategy is not administrative housekeeping. Mistakes produce years of misrouted royalties that are difficult and sometimes impossible to recover. For a foreign artist or publisher entering Italy, the registration position should be decided deliberately rather than assumed. See our music law guide.

AI and copyright

The current framework combines the EU AI Act (Regulation (EU) 2024/1689), Italian Law 132/2025, and the text and data mining exceptions transposing DSM Articles 3 and 4.

The operative points:

• Authorship requires human creative input. Purely AI-generated output without substantial human contribution falls outside copyright protection. AI-assisted work with real human creative contribution is protected, with the human identified as author for both moral and economic purposes.
• Training on copyrighted material runs through the text and data mining exceptions, with a rightsholder opt-out for commercial uses. Litigation is active in several jurisdictions.
• AI content imitating identifiable people engages personality and image rights under Article 10 of the Civil Code and Articles 96–97 LDA independently of any copyright analysis.
• Transparency obligations under the AI Act apply to commercial AI-generated content.
• Film productions accessing the Italian cinema tax credit must carry the mandatory AI clause — Article 7(6) of D.I. 225/2024 for national productions, Article 9(4) of D.I. 329/2024 for foreign ones.

The 2025 photograph reform

Law 182/2025 extended protection of “simple photographs” from 20 years to 70 years from creation, amending Article 92 LDA and aligning Italy with EU norms on related rights.

The practical effects are significant and largely unwelcome for archive-based work:

• photographs from 1956 onwards that had fallen out of the 20-year term are now within a 70-year one;
• material previously treated as Italian public domain may now require licensing for Italian use;
• productions using Italian historical photography and distributing in Italy should reassess clearance already granted;
• a photograph may now be free in one country and protected in Italy, which complicates a single international clearance.

Documentary and historical productions are the most exposed.

Cross-border issues and applicable law

Three instruments govern most cross-border questions: Brussels I bis (Regulation (EU) 1215/2012) on jurisdiction, Rome I (Regulation (EC) 593/2008) on the law applicable to contracts, and Rome II (Regulation (EC) 864/2007) on non-contractual obligations, which applies the lex loci protectionis to infringement.

What this means in practice for an international client:

• Choice of law does not displace everything. Italian mandatory rules on moral rights and the DSM transparency and contract adjustment provisions apply regardless of the governing law clause.
• Exploitation in Italy is governed by Italian copyright law, whatever law the rights were acquired under.
• Clearance is territorial. Duration and exceptions differ between countries, so a single clearance analysis does not cover a multi-territory release.

Enforcement in Italy

Civil enforcement is the normal commercial route, through specialised IP chambers in Milan, Rome, Naples, Turin, Venice, Bologna and Genoa. Remedies include urgent and preliminary injunctive relief (Articles 156 and 162 LDA, Article 700 of the Code of Civil Procedure), damages including loss of profits and moral damages, disgorgement of profits, destruction of infringing copies, and publication of the judgment at the infringer’s expense.

Alongside this sit administrative routes — AGCOM procedures for online infringement, customs measures under Regulation (EU) 608/2013 — and criminal sanctions under Articles 171 ff. LDA, reserved in practice for commercial-scale piracy.

Frequently asked questions

What is the difference between copyright and droit d’auteur?

Copyright, in the US and UK tradition, is principally an economic right that can be fully transferred, including to corporate authors through work-for-hire. Droit d’auteur, in Italy and most of continental Europe, treats the author’s connection to the work as fundamental and inalienable, generating moral rights that survive any economic transfer.

Can moral rights be waived in an Italian contract?

No. Italian moral rights are inalienable and contractual waivers are void. The workable approach is a limitation and non-exercise clause covering specified rights in specified commercial contexts, combined with approval mechanisms for material modifications.

Do I need to register copyright in Italy?

No. Protection arises automatically on creation under Berne Convention principles. SIAE deposit is available for evidentiary purposes but is not constitutive of the right.

How long does copyright last in Italy?

Life of the author plus 70 years for most works. For audiovisual works, 70 years from the death of the last of the director, author of the story, author of the screenplay and composer of original music. Music phonograms, 70 years from fixation. Simple photographs, 70 years from creation under Law 182/2025.

What are the DSM rights and can they be excluded by contract?

They cannot. Directive (EU) 2019/790, transposed by D.Lgs. 177/2021, gives authors and performers a right to appropriate and proportionate remuneration (Article 18), transparency (Article 110-quater LDA), contract adjustment where remuneration proves disproportionately low (Article 110-quinquies LDA), ADR before AGCOM (Article 110-sexies LDA) and revocation for non-exploitation (Article 110-septies LDA). The transparency and contract adjustment provisions are overriding mandatory rules that apply despite a foreign choice of law.

Does fair use exist in Italy?

No. Italian and EU law use a closed list of narrowly construed exceptions rather than an open standard. A use that does not fit a recognised exception infringes, regardless of how reasonable it appears. The CJEU confirmed the closed-list principle in Pelham (C-476/17).

How does Italian law treat AI-generated content?

Purely AI-generated output without substantial human creative input is not protected. AI-assisted work with real human contribution is, with the human as author. Training on copyrighted material runs through the text and data mining exceptions with a rightsholder opt-out for commercial uses, and the AI Act imposes transparency obligations on commercial AI-generated content.

What changed for photographs in 2025?

Law 182/2025 extended protection of simple photographs from 20 to 70 years from creation. Material previously treated as Italian public domain may now require licensing, and productions using Italian historical photography for Italian distribution should reassess clearance.

What law applies to a US–Italy co-production?

It depends on the question. Contractual disputes follow the governing law clause, subject to mandatory rules. Italian moral rights and the DSM transparency and contract adjustment provisions apply regardless of that clause where Italian creators or Italian-source works are involved. Exploitation in Italy is governed by Italian copyright law.

Does an old Italian contract cover streaming and AI?

Often not. Rights in forms of exploitation that did not exist at the time of contracting are not presumed transferred, and transfers are construed restrictively. Pre-2000 contracts frequently fail to cover streaming cleanly and pre-2023 contracts rarely address AI training.

How DANDI supports international clients

DANDI.media advises international artists, authors, producers, publishers, labels and businesses on Italian and European copyright, and is regularly instructed by foreign law firms on Italian-law questions within a wider transaction or clearance.

• Rights clearance and chain of title for productions, publications and commercial use
• Written opinions on Italian law — quotation and exceptions, public domain status, image and moral rights
• Contract drafting and negotiation — assignment, licensing, co-production, record and publishing agreements, adapted from foreign templates where needed
• DSM rights — transparency, contract adjustment and revocation, advisory and enforcement
• Moral rights structuring — limitation and non-exercise clauses replacing void waivers
• AI compliance — AI Act and Law 132/2025 integrated into contracts and production workflows
• Collective management strategy — SIAE, Soundreef, NUOVO IMAIE and SCF registration and royalty flow
• Photograph reform compliance — reassessment of archive clearance after Law 182/2025
• Enforcement — pre-litigation negotiation, mediation, arbitration and litigation

We work in English, Italian and French.

For an initial consultation — entering the Italian market, structuring a cross-border production, addressing a rights dispute, or planning a catalogue transaction — book a session with Avv. Claudia Roggero, founding partner of DANDI.media.

Specialised guides

Primary sources

Italian: Copyright Act (Law 633/1941); D.Lgs. 177/2021 (DSM transposition); D.Lgs. 208/2021 (Audiovisual Media Services Code); Law 132/2025 (artificial intelligence); Law 182/2025 (photograph reform).

EU: Directive 2001/29/EC (information society); Directive 2006/115/EC (rental and lending); Directive 2006/116/EC as amended by 2011/77/EU (term); Directive 2014/26/EU (collective management); Directive 2019/790 (DSM); Regulation (EU) 2024/1689 (AI Act); Regulations (EU) 1215/2012, (EC) 593/2008 and (EC) 864/2007 (jurisdiction and applicable law).

International: Berne Convention; WIPO Copyright Treaty; WIPO Performances and Phonograms Treaty; TRIPS.

This guide states the position at the date above. Confirm current provisions before relying on it for a specific transaction.

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