Italy has implemented the Use for the benefit of people with a disability (Art. 5.3(b) InfoSoc) exception in Article 71bis of Law for the Protection of Copyright and Neighbouring Rights. The national exception is slightly more restrictive than the EU exception.

Implementation summary:

This exception allows for the reproduction of works or protected subject matter as well as the communication to the public by persons with a disability, for personal use, provided these permitted acts are directly related to the disability and of non-commercial nature, as well as limited to the extent required by the specific disability. Disability categories, the criteria to identify individual beneficiaries and the conditions to enjoy the exception are defined in a Ministerial Decree or 2007.

Implementation details:

Beneficiaries:

• persons with disabilities

Purposes:

• personal use

Usage:

• reproduction
• communication to the public

Subject Matter:

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

Compensation:

• no compensation required

Attribution:

• no attribution required

Other Conditions:

• use must be directly related to the disability
• use must be of non-commercial nature

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.