Italy has implemented the Quotation for criticism or review (Art. 5.3(d) InfoSoc) exception in Article 70 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 abridgment, quotation or reproduction of fragments or parts of a work and their communication to the public for the purpose of criticism or discussion. Use is only permitted within the limits justified by such purposes and provided it does not conflict with the commercial exploitation of the work. Use must always be accompanied by a mention of the title of the work, and of the names of the author, the publisher and, in the case of a translation, of the translator, whenever such mentions appear on the work that has been reproduced.

Implementation details:

Beneficiaries:

  • any user

Purposes:

  • criticism or discussion

Usage:

  • abridgment, quotation or reproduction of fragments or parts of a work
  • communication to the public

Subject Matter:

  • works
  • performances
  • phonograms
  • film fixations
  • broadcasts
  • audiovisual fixations in sporting events

Compensation:

  • no compensation required

Attribution:

  • use must always be accompanied by a mention of the title of the work and of the names of the author, the publisher and, in the case of a translation, of the translator, whenever such mentions appear on the work that has been reproduced

Other Conditions:

  • use is only permitted within the limits justified by the purposes of criticism or discussion
  • use must not conflict with the commercial exploitation of the work
  • if the purpose of the use is teaching or research, it must have the sole purpose of illustration and be of non-commercial nature

Introduced/last updated: 09 April 2003

Remarks: As per Italian national case law, the exception only applies to fragments and parts of works.

The provision or art.70(1) fuses the quotation exception with the implementation of the 'illustration for teaching' exception under art.5(3)(a) of the InfoSoc Directive. The second hypothesis of art.70(1) of the Italian law stipulates that 'if uses are made for teaching or research, the use must have the sole purpose of illustration, and non-commercial purposes.'

The Italian law differs between exceptions, where use is exempt from the rightsholder's authorisation and no payment is due, and limitations, where payment of equitable compensation is due.

Under art. 71decies, exceptions and limitations to authors’ right apply also to the neighbouring rights.