Your Copyright

The author has the exclusive right to present their work to the public: it is their right, therefore, to authorize and receive compensation for the performance, representation, or recitation of their works in the context of a show in the presence of the public*.

All these rights refer to a form of direct enjoyment by the public, with live interpretation by the author, as in concerts or theatrical performances, or with performances and representations through radio, television, phonographic reproduction, and so on.

When the performance, representation, or recitation takes place within the ordinary circle of the family, boarding school, school, or care institutions, provided it is not for profit, no authorization is needed**.

Similarly, the recitation of literary works carried out, without profit, within libraries, museums, and public archives for the exclusive purposes of cultural promotion and enhancement of the works themselves, identified based on protocols of understanding between SIAE and the Ministry of Culture, is not considered "public"***.

If, on the other hand, the performance, representation, or recitation in public takes place in formally established assistance centers or institutions or the headquarters of volunteer organizations, provided they are intended for members and guests and carried out without profit, the author is entitled to reduced compensation****.

*art.15, L. 633/1941 
** art.15, c. 2, L. 633/1941 
***art.15, c. 3, L. 633/1941
**** art.15-bis, L. 633/1941

The right of communication to the public is the exclusive right of the author to disseminate and make their work available to the public using remote dissemination means* such as radio, television, satellite communication, retransmission.

In addition to this type of communication, organized by time and place, as in the case of TV or radio programs, the law also provides for the "making available of the work, so that each person can access it from the place and at the time individually chosen," i.e., the dissemination of works on the internet.

For these types and for any other type of dissemination, the authorization of the authors and all those who participated in the creation of the work is therefore necessary.

*art. 16, L. 633/1941

The right of publication is the exclusive right of the author to bring their work, for the first time, to the public's knowledge*.

It is considered the first publication the first form of exercise of the right of use**.

*art. 12, c. 1, L. 633/1941 ** art. 12, c. 3, L. 633/1941

The right of reproduction is the exclusive right of the author to reproduce the work. This right concerns, in particular, the multiplication in copies of the work, direct or indirect, temporary or permanent, in whole or in part, in any form and manner, with any reproduction process*.

In the literary sector, the reproduction of individual works or excerpts of works for the personal use of readers, carried out with reproduction means not suitable for public dissemination of the work, is free**.

It is also allowed to photocopy protected works – carried out by photocopy, xerocopy, or similar system – for personal use and within the maximum limit of 15% of each volume or periodical issue, excluding advertising pages***, in exchange for compensation intended for the authors ("reprography right") by the managers of reproduction centers.

In any case, any use made in competition with the economic use rights belonging to the author is excluded.

In the phonographic and videographic sector, private reproduction of phonograms and videograms on any medium, carried out by a natural person for exclusively personal use, provided it is not for profit and without direct or indirect commercial purposes (the so-called private copy: read here to learn more), is allowed.

Discover how SIAE protects the reprography right.

* art. 13, L. 633/1941
** art. 68, c. 1, L. 633/1941
*** art. 68, c. 3, L. 633/1941

It is the exclusive right of the author to transform works expressed in oral form into written form, or to reproduce them* by printing, lithography, engraving, photography, phonography, cinematography, and other means of reproduction.

* art. 14, L. 633/1941

The right of elaboration* is the exclusive right of the author to modify or transform a work: any modification or transformation of a work, in the sense of making changes that, while leaving the original meaning unchanged, change its structure or form, must be authorized by the author of the work.

This right concerns, in particular, translations, transformations of the work into another literary or artistic form, modifications and additions that constitute a substantial remake of the original work, adaptations, reductions, and summaries.

A classic case of elaboration is, for example, the transposition of a novel or a work into theatrical or cinematographic scripts.

The work resulting from the elaboration or modification of the original work is called a "derivative work" and is subject to copyright protection if it has its own creative character without prejudice to the existing rights on the original work**.

It is also the exclusive competence of the author to publish their works in a collection.

* art. 18, L. 633/1941
** art. 4, L. 633/1941

The right of rental* is the exclusive right of the author to authorize the use of their works for a limited period, for direct or indirect economic or commercial benefit.

Even in the case of transferring the right to a producer of phonograms or cinematographic or audiovisual works, the author is entitled to fair remuneration for the rental concluded by these with third parties.

The right of lending** concerns, instead, the use – by institutions open to the public – of the originals, copies, or media of protected works, for a limited period, for purposes other than economic or commercial ones.

These rights are not exhausted with the sale or distribution of the originals, copies, or media of the works.

* art.18-bis, L. 633/1941
** art.18-bis, c. 2, L. 633/1941

It is the right of the author of a work of art or a manuscript to receive compensation on the price of each sale following the first transfer of the works by the author*.

The "subsequent sale" is the one that, in any way carried out, involves the intervention, as sellers, buyers, or intermediaries, of subjects who operate professionally in the art market, such as auction houses, art galleries, and in general any art dealers.

Discover how SIAE protects the resale right.

* art. 144, L. 633/1941

The author has the right to be publicly indicated and recognized as the creator of their work*.

The author can exercise this right either by claiming the authorship of their work or by demanding that their name be present on the copies of the work or indicated on every form of use and public communication such as performance, representation, film screening, radio and television broadcasting, recitation, etc.

This also includes the author's right to circulate their work anonymously or under a pseudonym, retaining the right to reveal themselves and have their authorship recognized in court at any time**.

* art. 20, L. 633/1941
** art. 21, L. 633/1941

The author has the right to oppose any deformation or modification of the work that could damage their reputation: the creator of a work has the right to be judged by the public for the work as they conceived it and to maintain the reputation derived from the correct knowledge of the work itself.

This right protects not only the modifications of the work but also any mode of communication that could change the perception and thus the judgment by the public, such as the use of the work for the promotion or advertising of certain products.

The law expressly provides for cases where the author cannot oppose modifications to the work*, namely in architectural works, where modifications become necessary during construction or when the work has already been realized.

The author cannot prevent the execution of modifications to their work or request its suppression after becoming aware of and accepting them**.

* art. 2, c. 2, L. 633/1941
** art. 22, c. 2, L. 633/1941

Only the author can decide if and when to publish their work: they can also leave it unpublished forever or oppose the first publication, withdrawing from contracts – presumably with a publisher – that authorized it.

The right to unpublished work is exhausted with the publication of the work. If the author has expressly prohibited the publication of their work, not even the heirs, upon their death, can exercise this right*, which can only be expropriated for reasons of state interest**.

* art. 24, L. 633/1941
** art. 112, L. 633/1941

The right to repentance is the right to withdraw the work from commerce in case of serious moral reasons*, which may include ethical, intellectual, political, and religious reasons, or cases where the work conflicts with the changed personality of the author.

This right also applies only to particular versions of the work and in the case of works derived from the original.

The creator of the work is, however, obliged to reimburse the expenses incurred by those who have acquired the rights of reproduction, dissemination, performance, or representation of the work.

* artt. 142 and 143, L. 633/1941