The contents of the copyright section have been edited by Paola Galimberti.
In terms of copyright protection, the legislative framework of reference primarily consists of the Berne Convention of 1886, which has been revised several times, most recently in 1971, and which contains general provisions; of numerous European Community Directives that seek to harmonize the national laws of the member countries; in the case of Italy, it consists of law no. 633 dated 22 April 1941, as amended, and book V title IX art. 2575-2583 of the Civil Code.
In particular, DDL S1861 states that the publication of low-resolution images or music on Internet is free as long as they are downgraded.
The copyright law protects intellectual works that are creative, that is to say, with elements of novelty and originality.
Protection concerns the form that the work assumes, not the ideas contained in it, which are instead the patrimony of all.
As an example (although not complete) the copyright law protects the following:
Works in the public domain are not protected by copyright, i.e. works for which the copyright protection has expired or cannot be exercised (this is the case of laws, regulations, ordinances, circulars, decrees issued by the national government, regions, local authorities and, in general, by public administrations).
The ownership of the work can be attributed to one or more subjects, depending on whether the work was created by a single subject or by several subjects working together. Authorship is acquired with the creation of the work in any form.
The duration of the economic rights (the moral rights do not expire) is for 70 years after the death of the author. After 70 years the work becomes public domain. If a public domain work is published by an editor, the rights for that work expire after 25 years. The rights on simple photographs expire 20 years after their production.
The copyrights may be transmitted or acquired in various ways, but in the event of a dispute they must be proven in writing.
These are exceptions to the rights of economic use in order to protect the interests of the community, such as the promotion of culture, public information, free discussion, study and research.
These can be:
for the benefit of education, discussion, criticism, teaching, scientific research, public information;
they may concern personal use (in particular the right to make photocopies within the limit of 15%, see below) or provisions in favour of the disabled.
For these uses, the author’s consent is not necessary; however, they are not necessarily free.
To photocopy means to reproduce a work, performed by any means, both analogue and digital. Although reproduction is one of the rights of economic use held exclusively by the author, in some cases it may take place freely:
As regards works in the public domain, the general rule is that they can be photocopied in full unless:
The texts owned by the libraries may be photocopied for personal use only, and ONLY within the limit of 15%.
If the book owned by the library is not found in the editorial catalogues or is difficult to find on the market, it can be photocopied integrally if you do it inside the public library and if you do it for personal use.