Copyright

The copyright act allows protecting from infringement different kinds of creative works, particularly books, songs, screenplays, drawings, photographs and software. With copyrights you are not protecting the idea as is to provide a certain service or create a certain work, but the way in which it is expressed and its tangible form of implementation.

The author’s rights

The person entitled to a copyright is usually the author or the co-author, but in a case where the work has been realised under employment contract or on commission, the author benefits only from the moral rights, whilst the employer benefits from the economic rights. The acknowledgment of the moral rights to the author is inalienable, irrevocable and permanent. On the contrary, the economic rights are transferable and, as per art. 25 of the copyright Act, they last all the author’s life and for seventy years after his death.

The acquisition’s right

The copyright results from the creation of the work itself, without the necessity of any deposit or registration, as it happens, instead, with patents or trademarks. However, depositing a work with the relevant offices presents the undoubted advantage of furnishing the author with a certain evidence of authorship, and the creation’s date of a definite work. Furthermore, the deposit at the SIAE is indispensable, in some cases, in order to exercise the relative rights.

Exclusive author’s rights

An author acquires the exclusive right of reproduction, execution, diffusion, distribution, renting, lending, processing and transforming, which includes also the possibility to sell to others, entirely or partially, and upon a suitable payment for it.In Italy there are various types of deposits, according to the nature of the work. Usually, there is the unpublished work’s deposit, to be filed before publication of the work, at the SIAE – unpublished works section; and the published work’s deposit, to be filed at the Council of Ministers’ Presidency. At the SIAE the public Register of software can also be found.Rules: L. 22.04.1941 n. 633Berne Convention