Italy has implemented the Ephemeral recordings made by broadcasters (Art. 5.2(d) InfoSoc) exception in Article 55 of the Law for the Protection of Copyright and Neighbouring Rights. The national exception closely resembles the EU exception.
Implementation summary:
This exception allows for the recording of a work on a disk or on another medium by broadcasting organizations for the purpose of subsequent broadcasting, when this is necessitated by consideration of time or technology, provided that after its use the recording is destroyed or rendered unusable. The use cannot prejudice the rights of the author in connection with the broadcasting of their work. Furthermore, the exception covers preservation of recordings of exceptional documentary nature in official archives and provided they are not used for further economic or commercial exploitation.
Implementation details:
Beneficiaries:
- broadcasting organization
Purposes:
- for the purposes of beneficiaries' own subsequient broadcasts
- preservation in official archives
Usage:
- reproduction
Subject Matter:
- works
- performances
- phonograms
- film fixations
- broadcasts
- audiovisual fixations in sporting events
Compensation:
- no compensation required
Attribution:
- no attribution required
Other Conditions:
- use consists in recording of a work on a disk or on another medium
- use must be necessary by consideration of time or technology
- after its use the recording must be destroyed or rendered unusable
- recordings peserved in archives must be of exceptional documentary nature
- recordings in archives must not be used for further economic or commercial exploitation
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.
