Italy has implemented the Reproductions by Libraries, Archives & Museums (Art. 5.2(c) InfoSoc) exception in Article 68, paras 2 and 5 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 photocopying of works available in publicly accessible libraries or in school libraries, in public museums or in public archives for the services of the said institutions shall be permitted, if made without any direct or indirect economic or commercial advantage. Also, reproductions by the means of reprography are permitted within the public CHI, for personal use and for no more than 15% of a printed work, upon payment of a lump sum remuneration in favour of rightholders, paid on a yearly basis directly by the CHI. Under art. 69(2) or the Law, record or video libraries belonging to the State or to public authorities can reproduce in a single copy phonograms and videograms containing cinematographic or audiovisual works or sequences of moving images, either they be with or without sound.

Implementation details:

Beneficiaries:

  • publicly accessible libraries, school libraries, public museums and public archives
  • record or video archives belonging to the State or to public authorities

Purposes:

  • for the services of the said institutions
  • for the purpose of reprography by individual members of the public

Usage:

  • photocopying (only analogue reproduction)
  • reproduction (in a single copy) for record and video archives

Subject Matter:

  • works
  • phonograms and videograms

Compensation:

  • no compensation required for 'internal use'
  • lump sum remuneration paid on a yearly basis directly by the CHI for reprography by individual members of the public

Attribution:

  • no attribution required

Other Conditions:

  • works must be available in publicly accessible CHI
  • use must not encompass any direct or indirect economic or commercial advantage
  • use must serve 'internal' purposes only
  • reprography by individual members of the public is limited to 15% of the printed work, unless the work is out-of commerce

Introduced/last updated: 09 April 2003

Remarks: The provisions concerning 'internal use' are interpreted as allowing the CHI to make a 'back-up copy' and not increase the number of copies available for lending.