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The law (Article 70, Law 633/41) allows the possibility of summarizing, citing or reproducing pieces of literary works (but not the complete work, or a complete piece thereof) for reasons of study, debate or didactic, provided that both the author and the source are reported, and no speculative end is used, provided that such references do not represent economic competitiveness of the same work.
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Only in this circumstance can one operate without the author s authorization. Every ingenious and creative work is therefore protected, without the need for certain observances or attentions, even if expressed orally (such as the sound recording of a theatrical work).
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No legislative limitation exists while for the duplication of passages of authors who have died for more than seventy years.
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However, it must be kept in mind that even non-particularly creative works (but only didactic, communicative, informative), transmitted on the web, are legally safeguarded. For example the E-MAIL, which, being correspondence, can not be revealed, subtracted, eliminated on the basis of the articles. 616 and 618 of the Penal Code.
Music, mp3, midi files, songs, movies, movies - Interesting is the sector that concerns the legality of providing free music via the Internet. The dissemination and exchange of music that takes place on the Internet (via MP3 or WAV files) is illegal if not clearly granted by the author or by those who have the economic rights of the work.
Recently there have been many measures, including at international level, aimed at combating piracy in the music sector. A specific situation consists of MIDI files, almost always used as musical bases for different websites.
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Since these are works of the original work, they must necessarily be granted by the author or by those who have the economic rights. So, if you want to use midi-files in a legal way, you must make sure that those who created them were clearly authorized by the author or the publisher. Compared to BRANI DI CANZONI, what has been said for literary works in general is valid.
They can not be copied entirely, except as declared permitted by those who hold the rights at the economic level. The enucleated limitations do not concern the duplication of music of authors who have died for more than seventy years, except for the rights imposed on those who have completed and realized the reproduction, however to be remunerated.
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CINEMA WORKS and MOVIES have similar protection. It should only be pointed out that, since it is almost always common works (ie produced jointly by several people: directing, screenplay, composers of the soundtrack, and so on), their defense comes up to the seventieth year after the last participant disappeared.
Photos, also artistic, portraits - It must in this circumstance recognize if the photos are or are not artistic. When faced with common photographic works, the person who made the photo touches the rights of reproduction, issuance and sale (Article 88 of the 633/41), except for the situation in which the work was requested on the basis of a work contract (in this circumstance, the employer is the holder of the same rights).
The defense extends for twenty years from the day the photo is taken. Nevertheless, according to the Italian law there is also another element, which is somewhat a supporter of photographic diffusion. Article. 89 establishes that any photograph must possess: the name of who owns the rights at the economic level (photographer, giver or who commission the work); the date of reproduction of the photo, and - if the photograph represents a work of art -; also the name of his architect.
In the absence of such data, the photographs are not considered illegal unless the photographer (or his employer) ascertains the bad intention of the person who made them.