Italy has implemented the Temporary acts of reproduction (Art. 5.1 InfoSoc) exception in Article 68 bis of Law for the Protection of Copyright and Neighbouring Rights. The national exception closely resembles the EU exception.

Implementation summary:

This exception allows for temporary acts of reproduction which have no independent economic significance, are transient or incidental and integral and essential part of a technological process and whose sole purpose is to enable the transmission in a network between third parties by intervention of an intermediary or the lawful use of a work or other subject matter.

Implementation details:

Beneficiaries:

• intermediaries (transmission in a network)
• any user (other lawful uses)

Purposes:

• transmission in a network between third parties by an intermediary
• other lawful uses

Usage:

• temporary acts of reproduction

Subject Matter:

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

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• the nature of reproductions must be transient or incidental
• the reproductions must be an integral and essential part of a technological process
• the reproduction must have no independent economic significance

Introduced/last updated: 09 April 2003

Remarks: 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.