Italy has implemented the Illustration for teaching or scientific research (Art. 5.3(a) InfoSoc) exception in Art. 70(1), Art. 70(1-bis), Art. 70-bis(1) Law for the Protection of Copyright and Neighboring Rights. The national exception is much more restrictive than the EU exception.

Implementation summary:

Italy has an exception covering the summary, quotation, reproduction, translation, adaptation and communication to the public of protected materials by digital means that take place under the responsibility of an educational institution on its premises or in other location or in a secure electronic environment (Art. 70-bis(1)). This exception is not subject to compensation, but the use of certain materials is subject to license availability. There's also an exception covering the summary, quotation, reproduction and communication to the public of protected materials for use in criticism and discussion for illustration for teaching or scientific research purposes, which is open to any user and it is not subject to compensation (unless the reproduction is made in anthologies for school use) (Art. 70(1)). Finally, there is an exception allowing the free publication of low resolution or degraded images and music through the Internet, which is open to any user and it is not subject to compensation (Art. 70(1-bis)). These exceptions apply also to performances, phonograms, film fixations and broadcasts (Art. 71-decies).

Implementation details:

Beneficiaries:

  • anyone (exception for summary, quotation, reproduction and communication to the public and exception for free publication through the Internet)
  • anyone under the responsibility of an educational institution, on its premises or in other location or in a secure electronic environment, accessible only to teaching staff of that institution and pupils or enrolled students to the course of study in which the works or other materials are used (exception for summary, quotation, reproduction, translation, adaptation and communication to the public by digital means)

Purposes:

  • use in criticism or discussion for illustration for teaching or scientific research purposes, with non-commercial purposes (exception for summary, quotation, reproduction and communication to the public)
  • educational or scientific use, not for profit (exception for free publication through the Internet)
  • illustration for teaching, with no commercial purposes (exception for summary, quotation, reproduction, translation, adaptation and communication to the public by digital means)

Usage:

  • reproduction and communication to the public (exception for summary, quotation, reproduction and communication to the public)
  • reproduction, adaptation, communication to the public (exception for summary, quotation, reproduction, translation, adaptation and communication to the public by digital means)

Subject Matter:

  • any work, performance, phonograms, broadcasts, film fixations, press publications (exception for summary, quotation, reproduction and communication to the public)
  • images and music (exception for free publication through the Internet)
  • any work, performance, phonograms, broadcasts, film fixations, press publications exception for summary, quotation, reproduction, translation, adaptation and communication to the public by digital means)

Compensation:

  • not subject to payment of compensation, except if the reproduction is made in anthologies for school use, in which case a fair remuneration is due (exception for summary, quotation, reproduction and communication to the public)
  • not subject to payment of compensation (exception for free publication through the Internet and exception for summary, quotation, reproduction, translation, adaptation and communication to the public by digital means)

Other Conditions:

  • quantity limitation: passages or parts; it cannot exceed the measure determined by the regulation (exception for summary, quotation, reproduction and communication to the public)
  • quantity limitation: low resolution or degraded (exception for free publication through the Internet)
  • quantity limitation: passages or parts; within the limits of what is justified (exception for summary, quotation, reproduction, translation, adaptation and communication to the public by digital means)
  • technological limitations: in a secure electronic environment, accessible only to teaching staff of that institution and pupils or enrolled students to the course of study in which the works or other materials are used (exception for summary, quotation, reproduction, translation, adaptation and communication to the public by digital means)
  • license availability: the exception does not apply to material mainly intended for the education market and sheet music and to musical scores when appropriate voluntary licenses that authorize the uses specified therein are available on the market and when these licenses meet the needs and specificities of the institutes of education and are easily known and accessible by them (exception for summary, quotation, reproduction, translation, adaptation and communication to the public by digital means)

Remarks: There's an exception allowing the summary, quotation or reproduction of passages or parts of a work and their communication to the public for use in criticism or discussion, within the limits justified by these purposes and provided that they do not constitute competition for economic use. This exception further states that if the use is carried out for teaching or scientific research purposes, the use must also take place for illustrative and non-commercial purposes. Furthermore, if the reproduction is made in anthologies for school use, it cannot exceed the measure determined by the regulation, which also establishes the method for determining fair remuneration.

There's an exception allowing the free publication through the internet, free of charge, of low resolution or degraded images and music, for educational or scientific use and only if such use is not for profit. The limits of the didactic or scientific use referred to in this paragraph are defined by decree of the Minister for Cultural Heritage and Activities.

There's an exception, which implements art. 5 DSM Directive, allowing the summary, quotation, reproduction, translation and adaptation of passages or parts of works and other materials and their communication to the public by digital means, exclusively for purposes of illustration for teaching, within the limits of what is justified from the non-commercial purpose pursued, provided that is under the responsibility of an educational institution, on its premises or in other location or in a secure electronic environment, accessible only to teaching staff of that institution and pupils or enrolled students to the course of study in which the works or other materials are used. This exception does not apply to material mainly intended for the education market and sheet music and to musical scores when appropriate voluntary licenses that authorize the uses specified therein are available on the market and when these licenses meet the needs and specificities of the institutes of education and are easily known and accessible by them. There's a cross-border provision stating that the uses made under this exception that take place in Italy by an educational institution that is based in another Member State are understood to be carried out exclusively in that Member State.

There's a provision stating that the exceptions that are applicable to copyright apply also to performances, phonograms, film fixations and broadcasts.