Italy has implemented the Private copying (Art. 5.2(b) InfoSoc) exception in Article 71-sexies of the Law for the Protection of Copyright and Neighbouring Rights. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the private reproduction of phonograms and videograms on any carrier by natural persons who has acquired legal possession of copies or has legally accessed them, with the sole purpose of personal use and with no gainful intent or direct or indirect commercial purpose and in compliance with technological measures. Also, the reproduction of single works or of portions of works for the personal use of readers, when made by hand or by a means of reproduction unsuitable for marketing or disseminating the work in public, is permitted under art.68(1).

Implementation details:

Beneficiaries:

• natural persons

Purposes:

• personal use

Usage:

• reproduction

Subject Matter:

• works
• performances
• phonograms
• videograms

Compensation:

• remuneration is due

Attribution:

• no attribution required

Other Conditions:

• lawful access
• the reproduction must not be carried out by a third party
• the supply of services for the purpose of enabling the reproduction of phonograms and videograms by a natural person for personal is deemed to constitute an act of reproduction, thus cannt fall under the exception
• the exception does not apply to protected works and subject matter made available to the public in such a way that members of the public may access them from a place and at a time individually chosen by them when the work is protected by the technological measures or when the access is permitted on the basis of agreed contractual terms

Introduced/last updated: 09 April 2003