What Copyright Does Not Protect in Italy

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

Knowing what copyright does not protect is as useful as knowing what it does. It tells a producer what can be used without a licence, and where the real risks lie. Under Italian and EU law, a work is protected only if it is its author’s own intellectual creation; everything below falls outside that protection, with the qualifications that matter in practice.

Ideas, concepts and formats

Ideas are free. A premise, a plot twist, a type of character or a concept for a series can be reused by anyone; what is protected is the concrete expression: the treatment, the screenplay, the finished film. For television formats, Italian courts have protected formats only when they are developed in enough detail, with a defined structure, sequence and distinctive elements, to be more than an idea. In practice, protect a pitch with a dated written treatment and a confidentiality agreement before sharing it.

Facts, history and true stories

Facts and historical events are not protected: several films can tell the same true story, and a documentary can use the same facts as a book. What is protected is someone else’s way of telling it, such as a biography’s structure, its selection of scenes or its invented dialogue. True stories bring a different risk: the people involved, or their families, have image, privacy and personality rights that apply whatever copyright says. That is why life rights agreements and releases matter. See our guide to image releases and consent.

Titles

A short title is usually too short to be protected as a work. But Italy has a specific rule that foreign producers rarely know: Article 100 of the Copyright Act forbids using the title of a work on another work if it can cause confusion. A title can also be registered as a trademark, especially for series and franchises. Before choosing a title, check it as you would check a brand name.

Genres, styles and techniques

Genres and styles belong to everyone: noir, comedy, found footage, a particular way of shooting or editing. Making a film “in the style of” a director is not infringement. The line is crossed when a work copies specific, recognisable creative elements of another work, such as scenes, characters, dialogue or music, rather than its general approach.

Public domain works

In Italy copyright lasts for the author’s life plus 70 years; for films, 70 years from the death of the last of the four co-authors. A work in the public domain can be adapted freely, with three caveats:

• a translation, adaptation or restoration can carry its own new rights, so use the original, not someone else’s edition, unless you clear it; critical editions of public domain works are protected for 20 years;
• cultural heritage rules may require authorisation and a fee for the commercial reproduction of works held by the State, even when copyright expired long ago;
• moral rights have no time limit in Italy: heirs can still object to a treatment that harms the author’s reputation.

For photographs, Law 182/2025 extended the protection of simple photographs from 20 to 70 years from 18 December 2025. Photographs already in the public domain on that date remain free. See our guide to the public domain in Italy.

Laws, court decisions and official acts

Under Article 5 of the Copyright Act, the texts of laws, court decisions and other official acts of public authorities are not protected. A courtroom drama can quote a judgment freely. Translations, annotations and editorial compilations of those texts, however, may be protected.

News of the day

The news itself is free: anyone can report the same event. Articles, photographs and footage that report it are protected, and press publishers have an additional right over the online use of their publications. Using news footage in a film therefore needs a licence, unless a specific exception applies.

AI-generated content

Since Law 132/2025, Italian law protects works created with the help of AI only if they result from the author’s own intellectual work. Content generated from a prompt alone has no author and no copyright. That cuts both ways: you cannot stop others from copying it, and you cannot be sure it does not reproduce someone else’s protected work. For productions using the Italian tax credit, contracts must also include AI consent clauses.

What this means for a production

“Not protected” is the start of the analysis, not the end. Before treating any material as free, check whether another rule applies: title protection, image and personality rights, cultural heritage, trademarks, unfair competition or contracts. Our guide to clearing copyrighted material before festivals sets out the practical steps.

How we can help

DANDI.media | Entertainment Law & Co-Production Strategies helps producers and creators work out what they can use freely and what needs a licence: protection of ideas and treatments, title checks, life rights and releases for true stories, public domain and cultural heritage questions, and AI authorship. Book a consultation.

FAQ

Can I protect an idea for a film or series?

Not as an idea. Copyright protects the concrete expression, such as a treatment or a screenplay. Put the idea in writing, date it, and share it only under a confidentiality agreement.

Can I make a film about a true story without permission?

Facts are not protected, but the people involved have image, privacy and personality rights. Life rights agreements and releases are usually needed, and someone else’s book about the same story may not be copied.

Are film titles protected in Italy?

A short title is rarely protected as a work, but Article 100 of the Italian Copyright Act forbids using a title on another work if it can cause confusion, and titles can be registered as trademarks.

Is AI-generated content protected by copyright in Italy?

Only if it results from the author’s own intellectual work, under Article 1 of the Copyright Act as amended by Law 132/2025. Content generated from a prompt alone is not protected.

Are old photographs free to use in Italy?

It depends. Creative photographs are protected for the author’s life plus 70 years. Simple photographs, since Law 182/2025, for 70 years from creation, but those already in the public domain on 18 December 2025 remain free.

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