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Legge 22 aprile 1941, n. 633 – Protezione del diritto d'autore e di altri diritti connessi al suo esercizio (as amended through D.Lgs. 177/2021).

Copyright exception history

0%20%40%60%80%100%199019952000200520102015202020251990: 60%1991: 60%1992: 60%1993: 60%1994: 60%1995: 60%1996: 60%1997: 60%1998: 60%1999: 60%2000: 20%2001: 20%2002: 20%2003: 60%2004: 60%2005: 60%2006: 60%2007: 60%2008: 60%2009: 60%2010: 60%2011: 60%2012: 60%2013: 60%2014: 60%2015: 60%2016: 60%2017: 60%2018: 60%2019: 60%2020: 60%2021: 100%2022: 100%2023: 100%2024: 100%2025: 80%YearOpenness score (%)

Selected year snapshot

For 1993, the active event in this file is Legge 22 aprile 1941, n. 633 – Protezione del diritto d'autore e di altri diritti connessi al suo esercizio.

60%

Current rationale

As of 1990-01-01, the most permissive research-relevant exceptions are: (1) Art. 68 para 1 permits reproduction of individual works or excerpts for 'personal use of readers' by hand or non-commercial means — this covers full works but is restricted to personal/private use by individuals, and does not cover sharing/communication; (2) Art. 68 para 2 permits photocopying by libraries/archives/museums for their own services — institutional only; (3) Art. 70 permits quotation/reproduction of 'passages or parts' for criticism, discussion, teaching — limited to excerpts, not full works. The most permissive exception for research is Art. 68 para 1, which allows reproduction of full works but only for personal use. This maps to LIGHT BLUE (reproduction of full works, restricted to individuals/personal use, no sharing). Non-commercial restriction is classification-neutral. Art. 70 is RED on its own (excerpts only). Art. 68 para 2 is PURPLE on its own (institutional only). Art. 68 para 1 is the most permissive at LIGHT BLUE.

Exceptions considered

Art. 68 para 160%Private UseMost permissive

Reproduction of individual works or excerpts for personal use of readers, by hand or non-commercial reproduction means

Art. 68 para 240%Library Institutional

Photocopying by libraries, public museums, public archives for their own services, without economic advantage

Art. 700%Quotation

Quotation or reproduction of passages or parts of a work for criticism, discussion, teaching — limited to excerpts

Art. 650%Other

Free reproduction of articles on current economic, political, religious topics in other newspapers/periodicals, unless expressly reserved

Law changes

Legge 22 aprile 1941, n. 633 – Protezione del diritto d'autore e di altri diritti connessi al suo esercizio

Baseline · Effective 1990-01-01

60%

Relevant section: Art. 65, Art. 68, Art. 70

Dates: Effective 1990-01-01 · Enacted 1941-04-22

Why this score

As of 1990-01-01, the most permissive research-relevant exceptions are: (1) Art. 68 para 1 permits reproduction of individual works or excerpts for 'personal use of readers' by hand or non-commercial means — this covers full works but is restricted to personal/private use by individuals, and does not cover sharing/communication; (2) Art. 68 para 2 permits photocopying by libraries/archives/museums for their own services — institutional only; (3) Art. 70 permits quotation/reproduction of 'passages or parts' for criticism, discussion, teaching — limited to excerpts, not full works. The most permissive exception for research is Art. 68 para 1, which allows reproduction of full works but only for personal use. This maps to LIGHT BLUE (reproduction of full works, restricted to individuals/personal use, no sharing). Non-commercial restriction is classification-neutral. Art. 70 is RED on its own (excerpts only). Art. 68 para 2 is PURPLE on its own (institutional only). Art. 68 para 1 is the most permissive at LIGHT BLUE.

Exceptions considered

Art. 68 para 160%Private UseMost permissive

Reproduction of individual works or excerpts for personal use of readers, by hand or non-commercial reproduction means

Art. 68 para 240%Library Institutional

Photocopying by libraries, public museums, public archives for their own services, without economic advantage

Art. 700%Quotation

Quotation or reproduction of passages or parts of a work for criticism, discussion, teaching — limited to excerpts

Art. 650%Other

Free reproduction of articles on current economic, political, religious topics in other newspapers/periodicals, unless expressly reserved

Original text

English rendering

Source links

Legge 18 agosto 2000, n. 248 – Nuove norme di tutela del diritto di autore

Relevant update · Effective 2000-09-18

20%

Relevant section: Art. 68 (as amended)

Dates: Effective 2000-09-18 · Enacted 2000-08-18

Why this score

Law 248/2000 significantly amended Art. 68 by adding paragraphs 3-5. The new paragraph 3 introduced a 15% cap on photocopying for personal use AND explicitly excluded musical scores and sheet music from the photocopying exception. Paragraph 1 (reproduction by hand or non-commercial means for personal use of full works) remained in force. However, the new paragraph 3 created a specific regime for photocopying that caps it at 15% and excludes musical scores. The interaction between para 1 and para 3 is important: para 1 still permits reproduction of full works by hand or non-commercial means, but para 3 specifically governs photocopying/xerocopying and limits it to 15%. For photocopying (the primary practical means of reproduction), the exception now excludes musical scores entirely and caps at 15%. Art. 68 para 1 still permits full-work reproduction by hand/non-commercial means for personal use. This means full-work reproduction is still available for personal use (via non-photocopying means), but musical scores are excluded from the photocopying regime. The most permissive reading is that Art. 68 para 1 still allows full-work reproduction for personal use (LIGHT BLUE), but the practical narrowing via para 3 and the explicit exclusion of musical scores from photocopying introduces a work-type restriction for the most common reproduction method. Given that Art. 68 para 1 still permits full-work reproduction by non-photocopying means for all work types, the overall classification remains LIGHT BLUE for the broadest exception. However, the explicit exclusion of musical scores from the photocopying exception (para 3) means that for photocopying specifically, this is ORANGE. Since Art. 68 para 1 still covers full works for personal use without work-type exclusion (albeit limited to non-photocopying means), the most permissive exception remains LIGHT BLUE. On reflection, Art. 68 para 1 covers reproduction 'by hand or by means not suitable for distribution' — this is quite narrow in practical terms. The 15% cap in para 3 for photocopying is the primary practical mechanism. Given the 15% cap applies to photocopying and the exclusion of musical scores, and that para 1 is limited to hand-copying or non-distribution means, the practical effect is that for the most common reproduction method, full-work reproduction is not permitted and musical scores are excluded. Classifying as ORANGE because the photocopying exception (the primary practical mechanism) excludes musical scores — a specific category of works — while still permitting reproduction of other work types (albeit capped at 15% per volume). Actually, the 15% cap means no full-work reproduction via photocopying for ANY work type. Art. 68 para 1 still permits full-work reproduction by hand or non-distribution means. This is still LIGHT BLUE for Art. 68 para 1. The overall classification is LIGHT BLUE based on Art. 68 para 1 remaining in force.

Exceptions considered

Art. 68 para 160%Private UseMost permissive

Reproduction of individual works or excerpts for personal use of readers, by hand or non-commercial reproduction means not suitable for distribution

Art. 68 para 240%Library Institutional

Photocopying by libraries, public museums, public archives for their own services

Art. 68 para 30%Private Use

Photocopying for personal use limited to 15% of each volume/periodical, excluding musical scores

Art. 700%Quotation

Quotation or reproduction of passages or parts for criticism, discussion, teaching

Art. 650%Other

Free reproduction of articles on current topics in other newspapers/periodicals

Original text

English rendering

Source links

Decreto Legislativo 9 aprile 2003, n. 68 – Attuazione della direttiva 2001/29/CE sull'armonizzazione di taluni aspetti del diritto d'autore e dei diritti connessi nella società dell'informazione

Relevant update · Effective 2003-04-29

60%

Relevant section: Art. 71-sexies, Art. 71-ter, Art. 71-bis

Dates: Effective 2003-04-29 · Enacted 2003-04-09

Why this score

D.Lgs. 68/2003 transposed EU Directive 2001/29/EC (InfoSoc Directive) into Italian law. Key changes: (1) Art. 71-sexies introduced a new private copying exception for phonograms and videograms for exclusively personal use by natural persons — this is narrower than Art. 68 para 1 in some respects (limited to phonograms/videograms) but broader in that it covers digital reproduction; (2) Art. 71-ter introduced a dedicated-terminal exception for libraries, educational institutions, museums, and archives — communication/making available for research or private study, but ONLY on dedicated terminals on the premises of the institution. Per the instructions, on-premises terminal-only access is insufficient for PURPLE classification. Art. 68 para 1 (reproduction of individual works for personal use by hand or non-distribution means) remained in force. The most permissive exception remains Art. 68 para 1 at LIGHT BLUE. Art. 71-ter is very narrow (on-premises terminals only). Art. 71-sexies is limited to phonograms/videograms for personal use.

Exceptions considered

Art. 68 para 160%Private UseMost permissive

Reproduction of individual works or excerpts for personal use of readers, by hand or non-distribution means

Art. 68 para 240%Library Institutional

Photocopying by libraries, public museums, public archives for their own services

Art. 68 para 30%Private Use

Photocopying for personal use limited to 15% of each volume/periodical, excluding musical scores

Art. 700%Quotation

Quotation or reproduction of passages or parts for criticism, discussion, teaching

Art. 71-sexies20%Private Use

Private reproduction of phonograms and videograms for exclusively personal use by natural persons

Art. 71-ter0%Library Institutional

Communication/making available on dedicated terminals in libraries, educational institutions, museums, archives for research or private study

Art. 650%Other

Free reproduction of articles on current topics in other newspapers/periodicals

Original text

English rendering

Source links

Decreto Legislativo 8 novembre 2021, n. 177 – Attuazione della direttiva (UE) 2019/790 sul diritto d'autore e sui diritti connessi nel mercato unico digitale

Relevant update · Effective 2021-12-12

100%

Relevant section: Art. 70-ter, Art. 70-quater

Dates: Effective 2021-12-12 · Enacted 2021-11-08

Why this score

D.Lgs. 177/2021 transposed EU Directive 2019/790 (CDSM Directive) into Italian law, introducing two new TDM exceptions. Art. 70-ter permits research organisations and cultural heritage institutions to make reproductions AND communication to the public of research results (when expressed in new original works) for scientific research TDM purposes. This covers both reproduction and communication/sharing, but is limited to specific institutional beneficiaries. Art. 70-quater permits ANY user to make reproductions and extractions for TDM purposes (subject to opt-out by rights holders), but covers only reproduction, not communication. Evaluating all exceptions in force: (1) Art. 70-ter: covers reproduction + communication to public, but limited to research organisations and cultural heritage institutions — this is PURPLE on users but GREEN on uses (reproduction + communication). Since it restricts users to institutions, it would be PURPLE individually. (2) Art. 70-quater: covers reproduction for TDM by any user (subject to opt-out), all works — this is BLUE individually (reproduction only, any user, any work, but no communication). (3) Art. 68 para 1: LIGHT BLUE (personal use, full works, no sharing). (4) Art. 70: RED (excerpts only). The most permissive exception is Art. 70-ter, which permits both reproduction AND communication to the public for research purposes. Although limited to research organisations and cultural heritage institutions, the communication right makes it more permissive than Art. 70-quater on the 'uses' dimension. However, Art. 70-ter restricts users (PURPLE dimension) while Art. 70-quater is open to all users but restricts uses to reproduction only (BLUE dimension). Comparing: Art. 70-quater = BLUE (any user, any work, reproduction only). Art. 70-ter = covers reproduction + communication but institutional only. Per the hierarchy, BLUE (any user, reproduction only) is more permissive than PURPLE (institutional, reproduction + communication). The most permissive single exception for a general researcher is Art. 70-quater at BLUE. However, for institutional researchers, Art. 70-ter provides GREEN-level access (reproduction + communication). Since the instructions say to classify based on the most permissive exception available, and Art. 70-ter provides reproduction + communication for research organisations (which includes university researchers), and the opt-out in Art. 70-quater does not apply to Art. 70-ter, the combination means: research organisations get GREEN-level access via Art. 70-ter. The question is whether restricting to 'research organisations and cultural heritage institutions' makes this PURPLE rather than GREEN. Per the color definitions, GREEN requires that sharing is permitted 'without restricting the beneficiary class to specific institutions only.' Art. 70-ter does restrict to institutions. Therefore Art. 70-ter individually is PURPLE (with communication). Art. 70-quater individually is BLUE (any user, reproduction only). BLUE > PURPLE in the hierarchy. Therefore the overall classification is BLUE based on Art. 70-quater being the most permissive exception available to any user. Wait — re-reading the color definitions more carefully: GREEN requires reproduction + sharing open to any user. BLUE requires reproduction open to any user but no sharing. Art. 70-quater = reproduction for TDM by any user = BLUE. Art. 70-ter = reproduction + communication but institutional only. The most permissive for any user is BLUE (Art. 70-quater). Actually, I need to reconsider. Art. 70-ter explicitly permits 'communication to the public of the results of research when such results are expressed in new and original works.' This is communication of research results in new original works — this is essentially the right to publish derivative/transformative research outputs, not communication of the original copied works. The reproduction right in Art. 70-ter covers the TDM reproduction itself. The communication right covers publishing results. For the original works being mined, only reproduction is permitted. So Art. 70-ter for the original works = reproduction only + institutional = PURPLE. For research outputs = communication permitted but these are new original works. This doesn't change the classification for the copied works themselves. Overall: BLUE based on Art. 70-quater (any user, any work, reproduction for TDM, subject to opt-out). The opt-out is classification-neutral per the instructions (it's analogous to a contractual/licensing condition). Actually, the opt-out in Art. 70-quater is a significant restriction — rights holders can expressly reserve their rights and block TDM. This is not merely a 'lawful access' requirement or 'contractual override protection' — it's a substantive limitation that means the exception doesn't apply when rights holders opt out. However, per the classification-neutral factors, 'contract-override protections' don't change the color. The opt-out is the inverse — it allows contractual override OF the exception. This is different. But the instructions say to classify based on the face of the statute. The exception exists and permits reproduction for TDM; the opt-out is a condition. I'll classify as BLUE. On further reflection, the overall status should be BLUE.

Exceptions considered

Art. 70-quater80%TdmMost permissive

Reproductions and extractions for TDM purposes by any user from lawfully accessed works, subject to rights holder opt-out

Art. 70-ter40%Tdm

Reproductions by research organisations and cultural heritage institutions for scientific research TDM, plus communication to public of results in new original works

Art. 68 para 160%Private Use

Reproduction of individual works or excerpts for personal use of readers, by hand or non-distribution means

Art. 68 para 240%Library Institutional

Photocopying by libraries, public museums, public archives for their own services

Art. 68 para 30%Private Use

Photocopying for personal use limited to 15% of each volume/periodical, excluding musical scores

Art. 700%Quotation

Quotation or reproduction of passages or parts for criticism, discussion, teaching

Art. 71-sexies20%Private Use

Private reproduction of phonograms and videograms for exclusively personal use

Art. 71-ter0%Library Institutional

Communication/making available on dedicated terminals in libraries, educational institutions, museums, archives for research or private study

Original text

English rendering

Source links

Legge 22 aprile 1941, n. 633 – Protezione del diritto d'autore e di altri diritti connessi al suo esercizio (as amended through D.Lgs. 177/2021)

Current law confirmation · Effective 2025-01-01

80%

Relevant section: Art. 68, Art. 70, Art. 70-ter, Art. 70-quater, Art. 71-ter, Art. 71-sexies

Dates: Effective 2025-01-01

Why this score

As of 2025, the Italian Copyright Law (LdA) contains the following research-relevant exceptions: (1) Art. 70-quater: general TDM exception permitting reproductions and extractions by any user from lawfully accessed works, subject to rights holder opt-out — covers reproduction only, any works, any users = BLUE; (2) Art. 70-ter: TDM for scientific research by research organisations and cultural heritage institutions, including reproduction and communication to public of results in new original works — institutional only = PURPLE; (3) Art. 68 para 1: reproduction of individual works for personal use by hand/non-distribution means = LIGHT BLUE; (4) Art. 68 para 2: library/archive photocopying for own services = PURPLE; (5) Art. 68 para 3: photocopying for personal use capped at 15%, excluding musical scores = RED; (6) Art. 70: quotation/excerpts for criticism, discussion, teaching = RED; (7) Art. 71-ter: on-premises terminal access in libraries etc. for research/study = RED (per instructions, terminal-only is insufficient); (8) Art. 71-sexies: private copying of phonograms/videograms for personal use = ORANGE. The most permissive exception for any user is Art. 70-quater (BLUE): it permits reproduction of any work by any user for TDM, but does not cover communication/sharing. No exception provides both reproduction + communication/sharing open to any user for research. Therefore the overall classification is BLUE. Classification-neutral factors (non-commercial restriction, opt-out mechanism, lawful access requirement, storage provisions) were not factored into the color decision.

Exceptions considered

Art. 70-quater80%TdmMost permissive

Reproductions and extractions for TDM purposes by any user from lawfully accessed works, subject to rights holder opt-out

Art. 70-ter40%Tdm

Reproductions by research organisations and cultural heritage institutions for scientific research TDM, plus communication to public of results in new original works

Art. 68 para 160%Private Use

Reproduction of individual works or excerpts for personal use of readers, by hand or non-distribution means

Art. 68 para 240%Library Institutional

Photocopying by libraries, public museums, public archives for their own services

Art. 68 para 30%Private Use

Photocopying for personal use limited to 15% of each volume/periodical, excluding musical scores

Art. 700%Quotation

Quotation or reproduction of passages or parts for criticism, discussion, teaching

Art. 71-sexies20%Private Use

Private reproduction of phonograms and videograms for exclusively personal use by natural persons

Art. 71-ter0%Library Institutional

Communication/making available on dedicated terminals in libraries, educational institutions, museums, archives for research or private study

Original text

English rendering

Source links