Italy has implemented the Use in digital and cross-border teaching activities (Art. 5 DSM) exception in Art. 70-bis(1) and Art. 71-decies Law for the Protection of Copyright and Neighboring Rights. The national exception is slightly 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. This exception applies also to performances, phonograms, film fixations and broadcasts (Art. 71-decies).

Implementation details:

Beneficiaries:

• 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

Purposes:

• illustration for teaching, with no commercial purposes

Usage:

• reproduction, adaptation, communication to the public

Subject Matter:

• any work, performance, phonograms, broadcasts, film fixations, press publications

Compensation:

• not subject to payment of compensation

Other Conditions:

• quantity limitations: passages or parts; within the limits of what is justified
• 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
• 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

Remarks: 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.