Selling Your Film to Italy: A Legal Guide for Sales Agents and Producers

Clearance means obtaining the rights you need, through licences, permissions, releases or an analysis of the applicable copyright exceptions, for every third-party element that appears in the film. It is easier, and much cheaper, to do it during production than after a festival has accepted the film. This guide sets out a practical clearance framework under Italian and EU law. For the wider legal picture, see our guide to copyright law in Italy and Europe, and for our services, our page on legal services for independent producers.

Why clearance matters

• Festivals: entry forms include warranties that the rights have been cleared, and a false warranty can lead to disqualification.
• Broadcasters: Italian broadcasters such as Rai, Mediaset and Sky, and their European counterparts, ask for complete chain of title documentation before acquiring a film.
• Streaming platforms: Netflix, Amazon, Disney+ and others carry out a detailed clearance review before acquisition.
• E&O insurance: insurers review clearance before issuing or activating the policy, and without E&O cover international distribution is practically impossible.
• The Italian tax credit and public funding: the producer must hold the rights in the film, and the contracts with authors and performers must meet the funding rules, including the AI clauses. See our guide to Italian film tax credits.

What needs clearing

A feature film or documentary usually needs clearance for the music, archive footage and photographs, brands and products visible on screen, artworks such as paintings, sculptures and posters, locations, the people who appear in the film, and the book, play or article it is based on. Where no licence is obtained, a quotation can sometimes be justified under Article 70 of the Copyright Act, but only for criticism or discussion, within the limits of that purpose and with attribution.

Music

Music is the most common clearance item, and often the most expensive. Each pre-existing recording needs:

• a synchronisation licence from the music publisher, for the composition;
• a master use licence from the record label or whoever owns the recording;
• a check that the performers’ authorisation is included in the master licence.

For a cover version, you need the publisher’s sync licence and a licence from whoever owns the new recording. Italian collecting societies come in later: the sync licence is negotiated with the publisher, while SIAE and the other collecting societies collect for later uses such as theatrical exhibition and broadcasting. For an original score, the agreement with the composer should grant the rights for the film and for trailers, the soundtrack album and promotion. See our guide to the music synchronisation contract.

Archive footage and photographs

Archive material often has a complicated chain of rights. Footage from broadcasters and news agencies comes with licences that define the use, territories and term; stock footage comes with library licences whose scope needs checking. Photographs are protected too: a creative photograph for the author’s life plus 70 years, a simple photograph, since Law 182/2025, for 70 years from creation.

The licence covers the footage, not everything in it. Recognisable people may need their own releases, and music in the background has its own rightholders. Family archives need the consent of the family and of the people shown. A work in the public domain needs no copyright licence, but cultural heritage rules and personality rights may still apply. Documentaries in particular need a log of every clip with its source and clearance status. Our clip clearance service explains how we work.

Brands, artworks and locations

Brands are usually handled through product placement agreements. A brand that appears incidentally in a scene generally needs no permission, but borderline cases are worth clearing. If a brand is shown in a negative light, there is a risk of defamation and unfair competition claims, and the scene should be cleared or changed.

In Italy, filming permits come from the municipality, with additional permissions for private property, public infrastructure and cultural heritage sites, which need authorisation from the competent heritage authority under the Cultural Heritage Code. A permit to film in a place does not cover the copyright in a protected building or artwork that stands there, because Italy has no freedom of panorama exception. See our guide to freedom of panorama in Italy.

People on screen

Recognisable people need image releases under Articles 96–97 of the Copyright Act and Article 10 of the Civil Code. There are exceptions for public figures in their public role and for crowd scenes, but a commercial production is far safer with signed releases. Modern releases should also cover AI uses of the person’s likeness and voice, such as de-aging, voice cloning and deepfakes, in line with Law 132/2025 and the EU AI Act. See our guide to image releases and consent.

The chain of title file

All clearance documents should be kept in one chain of title file: music licences, archive and photo licences, product placement agreements, filming and heritage permits, image releases, the agreements with the authors and the E&O policy. It is the first thing a distributor, a platform or an insurer will ask to see. Our chain of title checklist lists the documents in detail, and our guide to selling your film to Italy explains what an Italian buyer will check before signing.

How we can help

DANDI.media | Entertainment Law & Co-Production Strategies clears films for Italian and international producers: clearance strategy and risk assessment, music and archive licences, product placement and brand clearance, image releases, cultural heritage authorisations, the chain of title file, coordination with E&O insurers and a clearance review before festival submission. Book a consultation.

FAQ

Is there fair use for films in Italy?

No. Italian law has a closed list of exceptions. For films the most relevant is quotation for criticism or discussion under Article 70 of the Copyright Act, which is narrow. In most cases a licence or a release is needed.

What licences do I need to use a song in my film?

A synchronisation licence from the music publisher for the composition, and a master use licence from whoever owns the recording. For a cover version, the publisher’s licence and a licence from the owner of the new recording.

Do I need releases from everyone who appears on screen?

From every recognisable person, as a rule. There are exceptions for public figures in their public role and for crowd scenes, but signed releases are much safer for a commercial production.

Does a filming permit cover buildings and artworks in the shot?

No. A permit authorises filming in a place; it does not cover the copyright in a protected building or artwork. Italy has no freedom of panorama exception.

Related guides

Dandi Law Firm provides legal assistance in several Practice Areas. Check out our Services or contact Us!