|
Provisions related to Italian copyright law (''diritto d'autore'') are found in Law no. 633 of 22 April 1941 (along with its various amendments). Certain fundamental provisions are also found in the Italian Civil Code of 1942, Arts. 2575–2583. Copyright law in Italy has not changed much since the first enactment of these provisions. There have been amendments to Law no. 633 to incorporate specific works such as computer programs and databases, or to add or alter user exceptions, but generally Italian lawmakers have been reluctant to institute any major or fundamental reforms. Italian copyright law is based strongly on authors' rights. Exceptions to authors' exclusive rights are limited — there is no provision equivalent to fair use or fair dealing — and are generally interpreted restrictively by the courts.〔 ==Subject matter== The subject matter owed protection is provided for (identically) in both the Civil Code (art. 2575) and Law no. 633 (Art. 1): "The object of the author's right is the work of intellect of creative character that belongs to the sciences, literature, music, figurative art, architecture, theatre, and cinematography, no matter the style or form of expression." There is no requirement that the work be fixed in any medium to attract copyright protection. While Art. 1 requires only that the work be "of the intellect" and "of creative character", Italian courts and scholars have interpreted the provision as conditioning copyright protection on four elements: (1) a particular (not high) degree of creativity; (2) novelty; (3) the work's objectification or externalization; (4) affiliation to art or culture.〔 Art. 2 lists non-exhaustive examples of protected subject matter ("In particular are protected..."): literary, dramatic, scientific, education, and religious works (whether in written or oral form); musical compositions with or without words; choreographic works and pantomimes; computer programs and databases. Official acts of the State are not entitled to copyright protection (Art. 5). 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Copyright law of Italy」の詳細全文を読む スポンサード リンク
|