Part I Provisions on Copyright

Chapter I Works Protected     1-5

Chapter II Holders of the Right     6-11

Chapter III Content and Duration of Copyright

Section I Economic Exploitation of Works     12-19

Section II Protection of Rights in the Work in Defense of the Person of the Author (Moral Rights)     20-24

Section III Duration of Exploitation Rights     25–32ter

Chapter IV Special Provisions on Exploitation Rights in Certain Categories of Works

Section I Dramatico-Musical Works, Musical Compositions with Words Choreographic Works and Works of Dumb Show     33-37

Section II Collective Works, Magazines and Newspapers     38-43

Section III Cinematographic Works     44-50

Section IV Broadcast Works     51-60

Section V Works Recorded on Mechanical Devices     61-64

Section VI Computer Programs     64bis–64quater

Chapter V Free Use     65-71

Part II Provisions on Neighboring Rights

Chapter I Rights Relating to the Production of Phonograph Records and of Similar Devices     72-78

Chapter Ibis Rights of Producers of Cinematographic or Audiovisual Works or of Sequences of Moving Images     78bis

Chapter II Rights in Radio and Television Broadcasts     79

Chapter III Rights of Performers     80–85bis

Chapter IIIbis     85ter

Chapter IIIter     85quater–85quinquies

Chapter IV Rights in Designs for Stage Sets     86

Chapter V Rights in Photographs     87-92

Chapter VI Rights in Correspondence

Section I Rights in Correspondence     93-95

Section II Rights in Portraits     96-98

Chapter VII Rights in Engineering Projects     99

Chapter VIII Protection of the Title, Headings and External Appearance of Works, and of Articles and News Prohibition of Certain Acts of

Unfair Competition     100-102

Part III Common Provisions

Chapter I Public Registers and Deposit of Works     103-106

Chapter II Transfer of Exploitation Rights

Section I General Provisions     107-114

Section II Transmission Mortis Causa     115-117

Section III Publishing Contracts     118-135

Section IV Contracts for Public Performances     136-141

Section V Withdrawal of Works from the Market     142-143

Section VI Rights of the Author in Respect of the Increase in Value of Works of Figurative Art     144-155

Chapter III Legal Remedies and Penalties

Section I Civil Remedies and Penalties

§ 1. Provisions Relating to Exploitation Rights     156-167

§ 2. Special Provisions for Proceedings in Respect of Moral Rights     168-170

Section II Penal Remedies and Penalties     171-174

Part IV Public Domain Fees     175-179

Part V Public Law Entities for the Protection and Exercise of Authors’ Rights     180-184

Part VI Field of Application of the Law     185-189

Part VII Standing Consultative Committee on Copyright     190-195

Part VIII General, Transitional and Final Provisions     196-206

Art. 1. Works of the mind having a creative character and belonging to literature, music, figurative arts, architecture, theater or cinematography, whatever their mode or form of expression, shall be protected in accordance with this Law.

Computer programs shall also be protected as literary works within the meaning of Convention for the Protection of Literary and Artistic Works, ratified and enforceable pursuant to Law No. 399 of June 20, 1978.

Art. 2. In particular, protection shall extend to:

(1)     literary, dramatic, scientific, didactic and religious works, whether in written or oral form;

(2)     musical works and compositions, with or without words, dramatico-musical works, and musical variations that themselves constitute original works;

(3)     choreographic works and works of dumb show, the form of which is fixed in writing or otherwise;

(4)     works of sculpture, painting, drawing, engraving and similar figurative arts, including scenic art, even where such works are applied to industrial products, if their artistic value is distinct from the industrial character of the product with which they are associated;

(5)     architectural plans and works;

(6)     works of cinematographic art, whether silent or with sound, provided they are not mere documentaries protected in accordance with the provisions of Chapter V of Part II;

(7)     works of photographic art and works expressed with processes analogous to photograph provided they are not simple photographs protected in accordance with the provisions ofChapter V of Part II;

(8)     computer programs, in whatever form they are expressed, provided that they are original and result from the author’s own intellectual creation. Ideas and principles which underly any element of a computer program, including those which underly its interfaces, shall be excluded from the protection afforded by this Law. The term “computer program” shall include their preparatory design materials.

Art. 3. Collective works formed by the assembling of works, or part of works, and possessing the character of a self-contained creation resulting from selection and coordination with a specific literary, scientific, didactic, religious, political or artistic aim, such as encyclopedias, dictionaries, anthologies, magazines and newspapers, shall be protected as original works, independently of and without prejudice to any copyright subsisting in the constituent works or parts thereof.

Art. 4. Without prejudice to the rights subsisting in the original work, works of a creative character derived from any such work, such as translations into another language, transformations into any other literary or artistic form, modifications and additions constituting a substantial remodeling of the original work, adaptations, arrangements, abridgments and variations which do not constitute an original work, shall also be protected.

Art. 5. The provisions of this Law shall not apply to the texts of official acts of the State or of public administrations, whether Italian or foreign.

Art. 6. Copyright shall be acquired on the creation of a work that constitutes the particular expression of an intellectual effort.

Art. 7. In the case of a collective work, the person who organizes and directs its creation shall be deemed the author.

A person who has created a derivative work shall be deemed the author of that work within the limits of his own effort.

Art. 8. A person who is shown, in the customary manner, as the author or is announced as such in the course of the recitation, performance or broadcasting of a work shall, in the absence of proof to the contrary, be deemed the author of the work.

Any pseudonym, professional name, initials or customary sign, well-known as being equivalent to a true name, shall be deemed to have the same value as such true name.

Art. 9. Any person who has performed or published in any manner an anonymous or pseudonymous work shall be entitled to assert the rights of the author until such time as the author reveals his identity.

This provision shall not apply in the case of pseudonymous as referred to in the second paragraph of the preceding Article.

Art. 10. If the work has been created by the indistinguishable and inseparable contributions of two or more persons, the copyright shall belong to all the joint authors in common.

In the absence of proof of written agreement to the contrary, the indivisible shares shall be presumed to be of equal value.

The provisions that regulate property owned in common shall be applicable. Furthermore, moral rights may be asserted at any time by any one joint author; and the work, if unpublished, may not be published nor be modified or utilized in a form differing from that of first publication, without the consent of all the joint authors. However, in the event of unjustified refusal by one or more joint authors, publication, modification or new utilization of the work may be authorized by the judicial authority upon such conditions and terms as that authority may order.

Art. 11. Copyright in works created and published under the name and at the expense of the State, the provinces or the communes shall belong to them.

In the absence of agreement to the contrary with the authors of the works published, the same right shall also belong to private legal entities of a non-profit-making character, as well as to academies and other public cultural organizations, in respect of records of their proceedings and their publications.

Art. 12. An author shall have the exclusive right to publish his work.

He shall also have the exclusive right to the exploit his work in any form or manner, whether original or derivative, within the limits laid down by this Law, particularly the exercise of the exclusive rights set out in the following Articles.

The first form of exercise of the right of exploitation shall be deemed to constitute first publication.

Art. 12bis. In the absence of any stipulation to the contrary, if a computer program has been created by an employee in the performance of his tasks or following instructions given by his employer, the latter shall have the exclusive right to exploit the program thus created.

Art. 13. The exclusive right of reproduction concerns the multiplication of copies of a work by any means, such as copying by hand, printing, lithography, engraving, photography, phonography, cinematography, and any other process of reproduction.

Art. 14. The exclusive right of transcription concerns the use of means suitable for transforming an oral work into a written work or into a work reproduced by one of the methods referred in the preceding Article.

Art. 15. The exclusive right of public performance or recitation concerns the performance or recitation, however carried out, for payment or not, of a musical, dramatic or cinematographic work or of any other work suitable for public showing and of oral works.

The performance or recitation of a work within the normal circle of the family, of a community, a school or a retirement home, shall not be deemed a public performance provided that it has not been carried out with gainful intent.

Art. 15bis.—(1) Authors shall receive reduced remuneration if the performance or recitation of their works takes place on the premises of officially constituted assistance centers or institutions, or benevolent associations, on condition that they are intended solely for members and guests and that they are not carried out with gainful intent. Failing agreement between the Italian Society of Authors and Publishers (Società italiana degli autori ed editori, SIAE) and the concerned associations, the amount of the remuneration shall be laid down by decree of the President of the Council of Ministers (Presidente del Consiglio dei ministri) issued after consultation with the Minister for Home Affairs.

(2) The criteria and conditions for ascertaining the subjective and objective circumstances justifying application of the provision in the first sentence of paragraph (1), shall be established by decree of the President of the Council of Ministers, issued in accordance with Article 17(3) of Law No. 400 of August 23, 1988, after consultation with the responsible parliamentary committees. The following in particular shall be prescribed:

(a)     verification of the fact that the above mentioned legal persons have been entered for at least two years in the registers set up by Article 6 of Law No. 266 of August 11, 1991;

(b)     the conditions for identifying the premises of such legal persons and for verifying the number of members and guests, which should be limited and determined in advance;

(c)     membership must have been obtained in a form that can be attested to and a long time before the date of the performance;

(d)     verification of the fact that the performers are giving an exclusively free performance in a spirit of solidarity based on benevolent action.

Art. 16. The exclusive right of diffusion concerns the use of any means of diffusion at a distance, such as telegraphy, telephony, radio or television broadcasting, or other like means, including communication to the public by satellite and cable retransmission.

Art. 16bis.—(1) For the purposes of this Law:

(a)     “satellite” means any satellite operating within frequency bands which, pursuant to the Law on telecommunications, are reserved for the transmission of signals intended for direct public reception or for private individual communication, provided such private reception takes place under circumstances comparable with those applying to public reception;

(b)     “communication to the public by satellite” means the distribution, under the supervision and responsibility of the broadcasting organization operating on the national territory; program-carrying signals intended for public reception as an uninterrupted direct communication sequence towards the satellite and then towards earth. If the program-carrying signals are broadcast in a coded form, communication to the public by satellite shall be deemed to exist if the means of decoding the broadcast are made available to the public either by the broadcasting organization itself or by third parties with its consent. If communication to the public by satellite takes place on the territory of a State not a member of the European Union which does not afford the level of protection laid down by this Law in respect of such system of communication to the public:

1.     communication to the public by satellite shall be deemed to take place in Italy if the upwards program-carrying signals are transmitted to the satellite by a station located on the national territory. The rights afforded by this Law as regards satellite broadcasting shall be exercised in respect of the person responsible for such station;

2.     communication to the public shall be deemed to take place on the national territory if the upwards signals are transmitted by a station which is not located on the territory of a Member State of the European Union but the communication to the public by satellite is performed on behalf of a broadcasting organization located in Italy, provided such organization has its main establishment on the national territory. The rights afforded by this Law as regards satellite broadcasting shall be exercised in respect of the person responsible for such broadcasting organization;

(c)     “cable retransmission” means the simultaneous retransmission in an unmodified and integral form, intended for the public, by means of a cable or very high frequency redistribution system, of primary radio or television broadcasts, whatever their broadcasting mode, originating from another Member State of the European Union and intended for public reception.

Art. 17.—(1) The exclusive right of distribution concerns the right to market, place in circulation or make available to the public, by whatever means and for whatever purpose, a work or copies thereof, and includes, in addition, the exclusive right to introduce into the territory of the European Union, for distribution, copies of a work made in countries not members of the European Union.

(2) The free delivery of copies of a work for promotional purposes or for teaching or scientific research, when carried out and authorized by the right holder, shall not be deemed to be exercise of the exclusive right of distribution.

Art. 18. The exclusive right of translation concerns all forms of modification, adaptation and transformation of a work as referred to in Article 4.

An author shall also have the exclusive right to publish his works in a collection.

Finally, he shall have the exclusive right to make any modifications to his work.

Art. 18bis.—(1) The exclusive right of rental concerns the making available for use of originals, of copies or of carriers of copyright works for a limited period of time and for direct or indirect economic or commercial advantage.

(2) The exclusive right of lending concerns the making available for use of originals, of copies or of carriers of copyright works, for a limited period of time and for purposes other than those referred to in paragraph (1) when made through establish marks which are accessible to the public.

(3) The author shall have the exclusive right to authorize rental or lending by third parties.

(4) The above mentioned rights shall not be exhausted by any sale or other act of distribution of originals, copies or carriers of works.

(5) Even where the right of rental is assigned to a producer of phonograms or cinematographic or audiovisual works or of sequences of moving images, the author shall retain his right to fair remuneration for a rental contract concluded by such producer with third parties. Any agreement to the contrary shall be null and void. In the absence of agreement between the categories concerned as defined in the first paragraph of Rule 16 of the Regulations, the said remuneration shall be set according to the procedure provided for in Article 4 of Decree Law No. 440 of July 20, 1945.

(6) Paragraphs (1) to (4) shall not apply to plans or designs of buildings or to works of applied art.

Art. 19. The exclusive rights referred to in the preceding Articles shall be independent of each other. The exercise of any one right shall not exclude the exercise of the other rights.

They shall extend to the work in its entirety and to each of its parts.

Art. 20. Independently of the exclusive rights of exploitation of the work referred to in the provisions of the preceding Section, and even after the transfer of such rights, the author shall retain the right to claim authorship of his work and to object to any distortion, mutilation or any other modification of, and other derogatory action in relation to, the work, which would be prejudicial to his honor or reputation.

However, in the case of works of architecture, the author may not oppose modifications deemed necessary in the course of construction. Further, he may not oppose other modifications which may be necessary in any such completed work. However, if the work is recognized by the competent State authority as having an important artistic character, the author shall be entrusted with the study and execution of such modifications.

Art. 21. The author of an anonymous or pseudonymous work shall at all times have the right to reveal his identity and to have his position as author recognized by judicial procedure.

Notwithstanding any prior agreement to the contrary, the successors in title of an author who has revealed his identity shall be required to indicate the name of the author in publications, reproductions, transcriptions, performances, recitations and broadcasts, or in any other form of manifestation or announcement to the public.

Art. 22. The rights referred to in the preceding Articles shall be inalienable.

However, if the author was aware of and has accepted modifications to his work, he shall not be entitled to intervene to prevent the performance thereof or to demand its suppression.

Art. 23. After the death of the author, the right referred to in Article 20 may be asserted, without limitation of time, by his spouse and children and, in the absence thereof, by his parents and other direct ascendants and descendants, and in the absence of such ascendants and descendants, by his brothers and sisters and their descendants.

If the public interest should so require, such action may also be taken by the President of the Council of Ministers after hearing the competent professional association.

Art. 24. The right to publish unpublished works shall belong to the heirs of the author or to the legatees of such works, unless the author has expressly forbidden publication or has entrusted it to other persons.

If the author has fixed a period of time to precede publication, unpublished works shall not be published before the expiration of such period.

If more than one person is concerned by the first paragraph and there is disagreement between them, the matter shall be decided by judicial authority after hearing the public prosecutor. The wishes of the deceased person, when expressed in writing, shall in all cases be respected.

The provisions of Part III, Chapter II, Section II, shall apply to such works.

Art. 25. The exploitation rights in a work shall subsist for the life time of the author and until the end of the fiftieth calendar year after his death.

Art. 26. In the case of works referred to in Article 10 and of dramatico-musical and choreographic works and works of dumb show, the duration of the exploitation rights of each joint author and contributor shall be determined by the life time of the last surviving joint author.

In the case of collective works, the duration of the exploitation rights of each contributor shall be determined by the respective lifetimes of each contributor. The duration of the exploitation rights in the work as a whole shall be 50 years from the date of first publication, whatever the form in which publication was effected, except in the case of magazines, newspapers and other periodical works to which the provisions of Article 30 shall apply.

Art. 27. In the case of anonymous or pseudonymous works other than those referred to in the second paragraph of Article 8, the duration of the exploitation rights shall be 50 years from the date of first publication, whatever the form in which publication was effected.

If, before expiry of such term, the author has revealed his identity or his identity has been revealed by the persons referred to in Article 23 or by persons authorized by the author, and in the manner established by the following Article, Article 25 shall apply.

Art. 27bis. [Repealed]

Art. 28. In order to enjoy the normal duration of the exploitation rights, the person concerned must reveal his identity by means of a declaration made to the Office of Literary, Scientific and Artistic Property (Ufficio della proprietà letteraria, scientifica ed artistica) of the Office of the President of the Council of Ministers in accordance with the applicable regulations.

The declaration shall be published in the form required by the regulations and shall have effect, as regards third parties who have acquired rights in the anonymous or pseudonymous work, as from the date of filing.

Art. 29. The duration of the exploitation rights belonging, under Article 11, to the State, the provinces, the communes, the academies or public cultural organizations, or to private legal entities of a non-profit making character, shall be twenty years as from first publication, whatever the form in which publication was effected. In the case of communications and memoranda published by academies and other public cultural organizations, the term shall be reduced to two years, after which the author shall wholly recover his right to the unrestricted disposal of his writings.

Art. 30. When parts or volumes of a given work are published separately and at different times, the duration of the exploitation rights, when fixed in years, shall run from the year of publication of each part or volume. The author shall enjoy the benefit of fractions of years.

In the case of a collective periodical work, such as a magazine or newspaper, the rights shall also be calculated from the end of the year of publication of the individual parts or issues.

Art. 31. In the case of works first published after the author’s death that are not governed by the provisions of Art. 85ter, the duration of the exclusive exploitation rights shall be 70 years from the author’s death.

Art. 32. Without prejudice to the provisions of Article 44, the exploitation rights in the cinematographic or assimilated work shall lapse at the end of the 70th year following the death of the last survivor of the following persons: the artistic director, the authors of the scenario, including the author of the dialogue, and the composer of the music specially created for use in the cinematographic or assimilated work.

Art. 32bis. The exploitation rights in photographic works shall lapse at the end of the 70th year following the author’s death.

Art. 32ter. The duration of the exploitation rights provided for in the provisions of this Section shall be counted in every case from the first of January of the year following that of the author’s death or that in which any other event provided for in this Law has occurred.

Art. 33. In the absence of a special agreement between contributors in respect of operas, operettas, melologues, musical compositions with words, and dance and ballet music, the provisions of the following three Articles shall apply.

Art. 34. The author of the musical part shall be entitled to exercise the exploitation rights except for the rights deriving from the association of the parties.

The profits derived from exploitation shall be shared in proportion to the values of the respective literary and musical contributions.

For operas, the value of the musical part shall be deemed to be three quarters of the total value of the work.

For operettas, melologues, musical compositions with words, and dance and ballet music, the value of the two contributions shall be considered equal.

Subject to the provisions of the following Articles, each contributor shall be entitled to use his own work separately and independently.

Art. 35. The author of the literary part may not use his part in association with any other musical work, except in the following cases:

(1)     if, after the final text of the manuscript of the literary contribution has been sent to the composer, he does not set it to music within five years in the case of a libretto for an opera or operetta or within one year in the case of any other literary work to be set to music;

(2)     if, after having been set to music and considered by the parties as being ready for performance, the work is not performed within the periods specified in the preceding subparagraph, unless longer periods have been afforded for performance by Articles 139 and 141;

(3)     if, after a first performance, the work ceases to be performed for a period of 10 years in the case of an opera, an oratorio, a symphonic poem or an operetta, or for a period of two years in the case of any other composition.

In the cases specified in subparagraphs (2) and (3), the composer, may make use of the music in other ways.

Art. 36. In the case referred to in subparagraph (1) of the preceding Article, the author of the literary part shall recover his right of unrestricted disposal, without prejudice to any subsequent action for damages that he may take against the composer.

In the cases referred to in subparagraphs (2) and (3), and without prejudice to any action for damages referred to in the preceding paragraph, the joint rights in respect of the work which has already been set to music shall not be affected, but the work itself may not be performed without the consent of both contributors.

Art. 37. In the case of choreographic works or works of dumb show and in the case of other works consisting of music with words, dancing or mime, such as musical revues and similar works, in which the musical part does not constitute the principal function or value, the exercise of the exploitation rights shall belong, in the absence of agreement to the contrary, to the author of the choreographic or dumb show part and, in the case of musical revues, to the author of the literary part.

The provisions of Articles 35 and 36 shall apply to such works, subject to the modifications required by the provisions of the preceding paragraph.

Art. 38. In the case of a collective work, the exploitation rights shall belong, in the absence of agreement to the contrary, to the publisher of the work, without prejudice to any right deriving from the application of Article 7.

The individual contributors to collective works shall have the right to utilize their own contributions separately, provided they observe existing agreements or, in the absence of agreements, the rules set out below.

Art. 39. If, without prior contractual agreement, an article is sent to a magazine or newspaper by a person who is not a member of the editorial staff, for the purpose of reproduction, its author shall recover his right to dispose of it unrestrictedly if he does not receive notice of acceptance within one month of sending the article or, if it is not reproduced, within six months of the notice of acceptance.

In the case of an article furnished by a member of the editorial staff, the director of the magazine or newspaper may defer reproduction beyond the periods set out in the preceding paragraph. However, once a period of six months as from delivery of the manuscript has expired, the author shall be entitled to utilize the article for reproduction in a volume or as an offprint in the case of newspaper, and also in any other periodical in the case of a magazine.

Art. 40. In the absence of agreement to the contrary, a contributor to a collective work other than a magazine or newspaper shall be entitled to have his name appear in the customary manner in the reproduction of his work.

In the absence of agreement to the contrary, this right shall not be enjoyed by the editorial staff of newspapers.

Art. 41. Without prejudice to the application of Article 20, the director of a newspaper shall be entitled, in the absence of agreement to the contrary, to introduce into an article submitted for reproduction such modifications of form as are required by the nature and aims of the newspaper.

In articles to be reproduced without mention of the name of the author, this faculty shall extend to the omission or reduction of parts of the said articles.

Art. 42. The author of an article or other work reproduced in a collective work shall be entitled to reproduce it as an offprint or to include it in a volume, provided he mentions the collective work from which it has been taken and the date of publication.

In the case of articles appearing in magazines or newspapers, the author shall also have the right, in the absence of agreement to the contrary, to reproduce them in other magazines or newspapers.

Art. 43. The publisher or director of a magazine or newspaper shall not be required to keep or return the manuscripts of unsolicited articles which have been sent to him.

Art. 44. The author of the subject-matter, the author of the scenario, the composer of the music and the artistic director shall be considered joint-authors of a cinematographic work.

Art. 45. Within the limits set out in the following Articles, the exercise of the exploitation rights in a cinematographic work shall belong to the person who has organized the production of the work.

The person who is mentioned in the cinematographic film as the producer shall be deemed to be the producer of the cinematographic work. If the work is registered in accordance with the second paragraph of Article 103, the presumption established by that Article shall prevail.

Art. 46. The exploitation rights belonging to the producer concern the cinematographic exploitation of the work produced.

In the absence of agreement to the contrary, the producer shall not make or show adaptations, transformations or translations of the produced work without the consent of the authors referred to inArticle 44.

The authors of the music, the musical compositions and the words which accompany the music shall be entitled to collect directly from persons publicly showing the work separate remuneration in respect of such showing.

In the absence of agreement between the parties, the payment shall be fixed according to the applicable Regulations.

The authors of the subject matter and of the scenario and the artistic director, where they are not remunerated by a percentage of the receipts obtained from the public showing of the cinematographic work, shall, in the absence of agreement to the contrary, be entitled to receive additional remuneration when the receipts have reached a level to be fixed by contract with the producer, the form and amount of which shall be fixed by agreement between the concerned parties.

Art. 46bis.— (1) Notwithstanding the provisions of Article 46, where the distribution rights are assigned to the producer, the authors of cinematographic or assimilated works are entitled to equitable remuneration¹ from the distributing organizations for every use of the work that takes the form of communication to the public by electromagnetic waves, cable or satellite.

(2)For every use of cinematographic or assimilated works that is different from that provided for inparagraph (1) above and paragraph (5) of Article 18bis, the authors of the said works are entitled to equitable remuneration¹ from those exercising the exploitation rights for each separate act of exploitation.

(3) For every use of cinematographic or assimilated works of which the original language is not Italian, the authors of the derived works constituted by the translation or adaptation of the dialogues in Italian shall likewise be entitled to equitable remuneration.¹

(4) The remuneration¹ provided for in paragraphs (1), (2) and (3) may not be waived and, in the absence of agreement between the categories concerned as defined in the first paragraph of Rule 16 of the Regulations, shall be set according to the procedure provided for in Article 4 of Decree Law No. 440 of July 20, 1945.

Art. 47. The producer shall have the right to made such modifications to works utilized in a cinematographic work as are necessary for their cinematographic adaptation.

In the absence of agreement between the producer and one or more of the authors referred to inArticle 44 of this Law, the question whether modifications effected or to be effected in a cinematographic work are necessary shall be decided by a panel of specialists designated by the President of the Council of Ministers in accordance with the applicable Regulations.

The findings of the panel shall be final.

Art. 48. The authors of a cinematographic work shall be entitled to have their names, together with their professional capacity and their contributions, mentioned in the showing of a cinematographic work.

Art. 49. The authors of the literary or musical parts of a cinematographic work may reproduce them or utilize them separately in any manner, provided no prejudice is caused to the exploitation rights belonging to the producer.

Art. 50. If the producer fails to complete the cinematographic work within a period of three years from the delivery of the literary or musical parts, or does not show the completed work within three years from its completion, the authors of those parts shall be entitled to dispose of the work itself without restriction.

Art. 51. By reason of the nature and purpose of broadcasting as a service that is the preserve of the State, which operates the service either directly or by means of concession, the exclusive right of broadcasting, either directly or by any intermediate means, shall be governed by the following special provisions.

Art. 52. Under the conditions and within the limits set out in this and the following Articles, the organization which operates the broadcasting service shall be entitled to broadcast intellectual works from theatres, concert halls or any other public place.

Proprietors, impresarios and all persons involved in a performance, shall be required to permit such installations and technical tests as may be necessary in preparation for the broadcast.

The consent of the author shall be required for the broadcasting of new works and for the first performance in any given season of works which are not new.

A theatrical work which has been publicly performed in three different theatres or other public places shall not be deemed to be new.

Art. 53. Where the season for theatrical performances or concerts is not less than two months, the right of the organization referred to in the preceding Article may be exercised once a week in respect of theatrical performances, and once for each five or each group of five in respect of concerts.

The duration of a theatrical or concert season shall be understood to be the season announced in notices or programs published before the commencement of the season.

Art. 54. The task of ascertaining whether broadcasts comply with proper technical standards shall be the exclusive responsibility of the State organizations responsible for the supervision of broadcasting and having the powers conferred by Article 2 of Royal Decree Law of June 14, 1928, No. 1352, and of Article 2 of Royal Decree Law of February 3, 1936, No. 654, converted into the Law of June 4, 1936, No. 1552.

The name of the author and the title of the work shall be broadcast at the same time as the work itself.

Art. 55. Without prejudice to the rights of the author in connection with the broadcasting of his work, the broadcasting organization shall be authorized to record the work on a disk or metal tape or by a similar process, for the purposes of subsequent broadcasting, when this is necessitated by considerations of time or technology, provided that, after its use, the recording be destroyed or rendered unusable.

Art. 56. The author of a work broadcast in accordance with the preceding Article shall be entitled to obtain from the broadcasting organization the payment of remuneration, the amount of which, in the event of disagreement between the parties, shall be settled by the judicial authority.

No application may be made to the judicial authority until an attempt has been made to reach a settlement in the manner and form laid down by the Regulations.

Art. 57. The amount of remuneration shall be based upon the number of transmissions.

The Regulations shall determine the criteria for establishing the number and manner of deferred or repeated transmissions.

Art. 58. The author shall be entitled to equitable remuneration for the performance in public of broadcast works by means of sound radio receivers equipped with loudspeakers, of which the amount shall be determined periodically by agreement between the SIAE and the representatives of the professional organization concerned.

Art. 59. The broadcasting of intellectual works from the premises of the broadcasting organization shall be subject to the consent of the author in accordance with the provisions of Chapter III of this Part; the provisions of the foregoing Articles, except those of Article 55, shall not be applicable to such broadcasting.

Art. 60. When requested by the President of the Council of Ministers the broadcasting organization shall make special broadcasts of a cultural and artistic nature intended for other countries, subject to payment of remuneration determined in accordance with the regulations.

Art. 61. An author shall have the exclusive right, within in the meaning of the provisions ofSection 1 of Chapter III of this Part:

(1)     to adapt and to record his work on phonograph records, cinematographic films, metal tapes or any similar material or mechanical device for reproducing sounds or voices;

(2)     to reproduce, to distribute, to rent out or lend out or to authorize the rental or lending of copies of a work thus adapted or recorded;

(3)     to perform in public and to broadcast his work by means of a record or other mechanical device as mentioned above by cable, and to authorize communication to the public by satellite and retransmission by cable.

Assignment of the right of reproduction or the right of distribution shall not include assignment of the right of public performance or of broadcasting, nor the right of communication to the public by satellite or of retransmission by cable unless otherwise agreed.

Copyright with respect to broadcasting shall continue to be governed by the provisions of the preceding Section.

Art. 62. Copies of a phonograph record or of any like device for reproducing sounds or voices on which an intellectual work has been recorded shall not be commercially distributed unless they bear, in an indelible manner, the following particulars:

(1)     the title of the work reproduced.

(2)     the name of the author;

(3)     the name of the performing artist. Orchestral or choral groups shall be identified by their customary name;

(4)     the date of production.

Art. 63. The record or like device shall be made or utilized in such a manner that the moral rights of the author are respected within the terms of Articles 20 and 21 of this Law.

Modifications of a work necessitated by the technical requirements of recording shall be considered lawful.

Art. 64. Any authorization given to a national phonogram publishing house to utilize the masters of the State Record Library (Discoteca di Stato) for the purpose of making records to be distributed for sale, whether in Italy or abroad, within the terms of Article 5 of Law No. 467, of February 2, 1939, containing provisions for the reorganization of the State Record Library, shall be subject, insofar as the works recorded are protected works, to the payment of royalties in accordance with the applicable regulations.

Art. 64bis.— (1) Without prejudice to the provisions of Articles 64ter and 64quater, the exclusive rights afforded by this Law with regard to computer programs shall include the right to do or to authorize:

(a)     The permanent or temporary reproduction of a computer program by any means or in any form, in part or in whole. In so far as loading, displaying, running, transmission or storage of the computer program necessitates such reproduction, such acts shall be subject to authorization by the right holder;

(b)     the translation, adaptation, arrangement and any other alteration of a computer program and the reproduction of the results thereof, without prejudice to the rights of the person who alters the program;

(c)     any form of distribution to the public, including the rental, of the original computer program or of copies thereof. The first sale in the European Union of a copy of a program by the right holder or with his consent shall exhaust the distribution right within the Union of that copy, with the exception of the right to control further rental of the program or of a copy thereof.

Art. 64ter.— (1) In the absence of any agreement to the contrary, the acts referred to in Article 64bis(a)and (b) shall not require authorization by the right holder where they are necessary for the use of the computer program by the lawful acquirer in accordance with its intended purpose, including error correction.

(2) The making of a back-up copy by a person having a right to use the computer program may not be prevented by contract in so far as it is necessary for that use.

(3) The person having a right to use a copy of a computer program shall be entitled, without the authorization of the right holder, to observe, study or test the functioning of the program in order to determine the ideas and principles which underlie any element of the program if he does so while performing any of the acts of loading, displaying, running, transmitting or storing the program which he is entitled to do. Any contractual clause that is contrary to the provisions of this paragraph and ofparagraph (2) shall be null and void.

Art. 64quater.— (1) The authorization of the right holder shall not be required where reproduction of the code and translation of its form within the meaning of Article 64bis(a) and (b) are indispensable to obtain the information necessary to achieve the interoperability of an independently created computer program with other programs, provided that the following conditions are met:

(a)     these acts are performed by the licensee or by another person having a right to use a copy of a program, or on their behalf by a person authorized to do so;

(b)     the information necessary to achieve interoperability has not previously been readily available to the persons referred to in subparagraph (a);

(c)     these acts are confined to the parts of the original program which are necessary to achieve interoperability.

(2) The provisions of paragraph (1) shall not permit the information thus obtained:

(a)     to be used for goals other than to achieve the interoperability of the independently created computer program;

(b)     to be given to others, except where necessary for the interoperability of the independently created computer program;

(c)     to be used for the development, production or marketing of a computer program substantially similar in its expression, or for any other act which infringes copyright.

(3) Any contractual clause contrary to paragraphs (1) and (2) shall be null and void.

(4) In accordance with the provisions of the Berne Convention for the Protection of Literary and Artistic Works, ratified and enforceable by Law No. 399, of June 20, 1978, the provisions of this Article may not be interpreted in such a way as to allow its application to be used in a manner which unreasonably prejudices the right holder’s legitimate interests or conflicts with a normal exploitation of the computer program.

Art. 65. Articles of current interest of an economic, political or religious character, published in magazines or newspapers, may be freely reproduced in other magazines or newspapers, or may be broadcast, unless such reproduction is expressly reserved, provided mention is made of the magazine or newspaper from which they are taken, the date and the issue of the magazine or newspaper and, in the case of a signed article, the name of the author.

Art. 66. Speeches upon matters of political or administrative interest given in public assemblies or in any other public manner may be freely reproduced in magazines or newspapers, or broadcast, provided the source is mentioned, together with the name of the author and the date and place in which the speech was given.

Art. 67. Works or portions of works may be reproduced for use in judicial or administrative proceedings, provided the source or the name of the author is mentioned.

Art. 68. The reproduction of single works or of portions of works for the personal use of the reader, when made by hand or by a means of reproduction unsuitable for marketing or disseminating the work in public, shall be permitted.

The photocopying of works available in libraries, when made for personal use or for the services of the library, shall be permitted.

The distribution of such copies in public and, in general, any use of them that infringes the exploitation rights of the author shall be prohibited.

Art. 69.— (1) Loans from libraries and record libraries belonging to the State or to public authorities, made exclusively for purposes of cultural promotion and personal study, shall not require authorization by the right holder, to whom no remuneration shall be due, and shall exclusively concern:

(a)     printed copies of the works, except for operatic and music scores;

(b)     phonograms and videograms containing cinematographic or audiovisual works or sequences of moving images, with or without sound, provided that at least 18 months have elapsed since the first exercise of the right of distribution.

Art. 70. The abridgment, quotation or reproduction of fragments or parts of a work for the purpose of criticism or discussion, or for instructional purposes, shall be permitted within the limits justified for such purposes, provided such acts do not conflict with the commercial exploitation of the work.

In anthologies for school use, reproduction shall not exceed the extent specified in the regulations, that shall also lay down the manner for determining the equitable remuneration for such reproduction.

The abridgment, quotation or reproduction must always be accompanied by a mention of the title of the work and of the names of the author, the publisher and, in the case of a translation, the translator, whenever such mentions appear on the work that has been reproduced.

Art. 71. Musical groups and bands of the armed forces of the State may perform musical pieces or portions of musical works in public without payment of any fees in respect of copyright, provided the performance is not made for profit.

Art. 72.— (1) Without prejudice to the rights afforded authors by Part I of this Law, the producer of a phonograph record or of any similar device for reproducing sounds or voices shall have the exclusive right, for the period and under the conditions laid down in the following Articles, to reproduce, by whatever duplication process, and distribute the records or devices he has produced. The right of distribution shall not be exhausted on the territory of the European Union, unless the first marketing of the phonogram was carried in a Member State of the European Union by the producer or with his authorization.

(2) The phonogram producer shall also have the exclusive right to rent or lend the phonograms he has produced and to authorize their rental and lending. This right shall not be exhausted by the sale or distribution in any form whatsoever of the phonograms.

Art. 73. The producer of a phonograph record or any similar device for reproducing sounds or voices, together with the artists who executed the performance recorded or reproduced on those devices, shall be entitled, independently of the rights of distribution, rental and lending belonging to them, to remuneration in exchange for the utilization, with gainful intent of the record or other device for broadcasting by radio or television, including communication to the public by satellite, in cinematography, in public dances, on public premises and on the occasion of any other public utilization of the devices. This right shall be exercised by the producer, who shall share out the remuneration among the performers concerned.

The amount of such remuneration and the scale of distribution, together with the corresponding conditions, shall be determined in accordance with the provisions of the regulations.

No remuneration shall be due for utilization for educative or informative purposes by the State administration or by institutions authorized by the State for such purposes.

Art. 73bis.— (1) The performers and the producer of the phonogram utilized shall be entitled to equitable remuneration, including when the utilization referred to in Article 73 was not effected with gainful intent.

(2) Unless otherwise agreed by the parties, the remuneration shall be calculated, collected and distributed in accordance with the regulations.

Art. 74. The producer shall be entitled to oppose any utilization of a record or similar device for reproducing sounds or voices, referred to in the preceding Article, if it was effected under conditions such as to seriously prejudice his economic interests.

At the request of the interested party, the President of the Council of Ministers may nevertheless authorize, pending a decision by the judicial authority, the use of the record or other device for reproducing sounds or voices, after technical investigation and the ordering, where necessary, of any measures needed to eliminate defects in the regularity of its utilization.

Art. 75. The duration of the rights specified in this Chapter shall be 50 years from the time of fixation. If the phonograph record or other comparable device for reproducing sounds or voices is published or communicated to the public during that period, the duration of those rights shall be 50 years following the date of first publication or, if it is earlier, from the first communication to the public of the record or comparable device.

Art. 76. Copies of a phonograph record or other device for reproducing sounds or voices shall not be marketed unless they bear the particulars specified in Article 62, where applicable, indelibly affixed to the record or device.

Art. 77. The rights set out in this Chapter may be exercised only if one copy of the record or other device has been deposited with the Office of the President of the Council of Ministers in accordance with the provisions of the regulations.

Nevertheless, the formality of deposit referred to in the first paragraph, as a condition for the exercise of the rights that belong to the producer, shall be considered fulfilled if the symbol (P), accompanied by the year of first publication, is affixed indelibly on all copies of the record or other device.

Art. 78. The person who undertakes the making of the original record or other device for reproducing sounds or voices by recording the sounds or voices live, shall be considered the producer.

The place in which the original live recording was made shall be considered the place of production.

Art. 78bis.— (1) The producer of a cinematographic or audiovisual work or of a sequence of moving images shall have the exclusive right;

(a)     to authorize the direct or indirect reproduction of original works and of the copies thereof;

(b)     to authorize the distribution by any means, including sale, of original works and of the copies thereof; the right of distribution shall not be exhausted on the territory of the European Union, unless the first marketing was carried out in a State of the European Union by the producer or with his authorization;

(c)     to authorize the rental or lending of original works and of the copies thereof; sale or distribution, in any form, shall not exhaust the right of rental and lending.

(2) The rights referred to in paragraph (1) shall end on the expiration of a period of 50 years from the time of fixation. If the cinematographic or audiovisual work or the sequence of moving images is published or communicated to the public during that period, the said rights shall expire 50 years from the first such publication or, if earlier, from the first such communication to the public of the cinematographic or audiovisual work or sequence of moving images.

Art. 79.— (1) Without prejudice to the rights afforded by this Law to authors, to producers of phonograph records and similar devices, to producers of cinematographic or audiovisual works or of sequences of moving images and to performers, persons carrying out radio or television broadcasting shall have the exclusive right:

(a)     to authorize the recording of broadcasts made by wire or over the air; this right shall not be afforded to cable operators who simply rebroadcast by cable the broadcasts of other broadcasting organizations;

(b)     to authorize the direct or indirect reproduction of the recordings of their own broadcasts;

(c)     to authorize the retransmission of their own broadcasts by wire or over the air and their communication to the public when it is carried out in a place which is accessible only on payment of an entrance fee;

(d)     to authorize distribution of recordings of their own broadcasts; this right shall not be exhausted on the territory of the European Union unless the first marketing was carried out in a member State by the right holder or with his authorization.

(2) Right holders under paragraph (1) shall also have the exclusive right of utilization of recordings of their own broadcasts for further broadcasts or rebroadcasts or for further recordings.

(3) The term “broadcasts” means broadcasts by radio and television.

(4) The terms “by wire or over the air” includes broadcasts by cable and by satellite.

(5) The duration of the rights referred to in paragraph (1) shall be 50 years from the first transmission of a broadcast.

Art. 80.— (1) Actors, singers, musicians, dancers and other persons who play, sing, recite or perform in any manner, intellectual works, whether protected or in the public domain, shall be considered performers.

(2) Performers shall have the exclusive right, regardless of any remuneration to which they may be entitled for their live performances:

(a)     to authorize the recording of their performances;

(b)     to authorize the direct or indirect reproduction of recordings of their performances;

(c)     to authorize the broadcasting over the air and the communication to the public, in any form or manner, including by satellite, of their live performances, unless the latter were intended for broadcasting by radio or television or are already the subject of a recording for broadcasting purposes. If the recording consists of a phonograph record or similar device utilized with gainful intent, the performers shall be entitled to the remuneration referred to in Article 73; however, if the recording is not utilized with gainful intent, the performers shall be entitled to the remuneration referred to in Article 73bis;

(d)     to authorize the distribution of recordings of their performances: this right shall not be exhausted on the territory of the European Union, unless the first marketing was made in a Member State by the right holder or with his authorization;

(e)     to authorize the rental or lending of recordings of their performances and of the reproductions thereof: the performers shall retain, even when assigning the rental right to a producer of phonograms or cinematographic or audiovisual works or of sequences of moving images, the right to equitable remuneration in the event of rental agreed by the producer with third parties. Any contrary stipulation shall be null and void. In the absence of agreement between the mutual-interest body of performers and the competent union associations of the confederation of industries, the said remuneration shall be set according to the procedure provided for in Article 4 of Decree Law No. 440 of July 20, 1945.

Art. 81. Performers shall be entitled to oppose any dissemination, transmission or reproduction of their performances which might be prejudicial to their honor or reputation.

The provisions of the second paragraph of Article 74 shall be applicable.

Insofar as broadcasting is concerned, disputes arising from the application of this Article shall be regulated according to the provisions of the first paragraph of Article 54.

Art. 82. For the application of the foregoing provisions the definition of performers shall include:

(1)     persons who, in the performance of any dramatic, literary or musical work or composition, play a significant artistic part, even if in a supporting role;

(2)     the conductors of an orchestra or choir;

(3)     the orchestras or choirs as such, provided that the orchestral or choral part of the performance has artistic value in itself and is not a mere accompaniment.

Art. 83. The performers who play the leading parts in a dramatic, literary or musical work or composition shall be entitled to have their names mentioned when their performances are disseminated or transmitted and affixed indelibly to any phonograph record, cinematographic film or other like device.

Art. 84.— (1) Unless otherwise agreed by the parties, performers shall be presumed to have assigned the rights of fixation, reproduction, broadcasting (including communication to the public by satellite) and distribution, and also the right to authorize rental, on the conclusion of the contract for the production of a cinematographic or audiovisual work or sequence of moving images.

(2) The performers who play important acting parts, in the cinematographic or assimilated work, even as supporting actors, are entitled to equitable remuneration paid by distributing organizations for every use of the said work that takes the form of communication to the public by electromagnetic waves, cable or satellite.

(3) For every use of cinematographic or assimilated works different from that provided for inparagraph (2) above and in subparagraph (e) of Article 80(2), the performers referred to in paragraph (2)above shall be entitled to equitable remuneration, payable by those exercising the exploitation rights, for any separate act of exploitation.

(4) The remuneration provided for in paragraphs (2) and (3)² above may not be waived and, in the absence of agreement between the mutual-interest body of performers and the competent union associations of the confederation of industries, shall be set according to the procedure provided for inArticle 4 of Decree Law No. 440 of July 20, 1945.

Art. 85. The duration of the rights provided for in this Chapter shall be 50 years from the time of performance. If a fixation of the performance is published or communicated to the public during that time, the duration of the rights shall be 50 years as from the first such publication or, if earlier, from the first such communication to the public of the fixation.

Art. 85bis.— (1) In addition to the rights laid down in this and the preceding Chapters, the holders of neighboring rights shall have the right to authorize cable retransmission pursuant to Article 110bis.

Art. 85ter.— (1) Without prejudice to the author’s moral rights, any person who, after the copyright protection has expired, for the first time lawfully publishes or communicates to the public a work that has not been published previously shall enjoy the exploitation accorded by the provisions ofSection I of Chapter III of Title I of this Law to the extent that those provisions are applicable.

The duration of the exclusive exploitation rights referred to in paragraph (1) above shall be 25 years from the first lawful publication or the first lawful communication to the public.

Art. 85quater.— (1) Without prejudice to the author’s moral rights, any person who in any way or by any means publishes critical and scientific editions of works in the public domain shall enjoy exclusive exploitation rights in the work resulting from the critical and analytical assessment.

(2) Without prejudice to the contractual relations binding him to the owner of the economic exploitation rights referred to in paragraph (1), the person responsible for the critical and scientific edition shall have the right to be named.

(3) The duration of the exclusive rights referred to in paragraph (1) above is 20 years from the first lawful publication in any form or by any means.

Art. 85quinquies. The term of the rights provided for in Chapters I, Ibis, II, III, IIIbis and this Chapter of Title II shall be counted in every case from the first of January of the year following that in which the event provided for in the Law occurred.

Art. 86. The authors of designs for stage sets, which do not constitute intellectual works covered by copyright within the meaning of the provisions of Part 1, shall have a right to remuneration when such design is subsequently used in theatres other than the theater for which it was created.

This right shall subsist for five years as from the first performance in which the design is used.

Art. 87. The images of persons or of aspects, elements or events of natural or social life, obtained by photographic or analogous processes, including reproductions of works of figurative art and stills of cinematographic film, shall be considered photographs for the purposes of this Chapter.

This provision shall not apply to photographs of writings, documents, business papers, material objects, technical drawings and similar products.

Art. 88. The exclusive right of reproduction, dissemination and marketing of a photograph shall belong to the photographer, subject to the provisions of Section II of Chapter VI of this Part insofar as portraits are concerned, and without prejudice to any copyright in works of figurative art reproduced in photographs.

However, if the work has been produced in the execution of a contract of employment or of service, the exclusive right shall belong to the employer within the limits of the object and purpose of the contract.

In the absence of agreement to the contrary, the same shall apply in favor of the person who commissions photographs of objects in his possession, subject to the payment of equitable remuneration to the photographer by any person who commercially utilizes the reproduction.

The President of the Council of Ministers may, in accordance with the provisions of the regulations, set suitable rates for the remuneration to be paid by any user of such photograph.

Art. 89. In the absence of agreement to the contrary, transfer of the negative or similar means of reproduction of a photograph shall imply transfer of the rights referred to in the foregoing Article, provided that such rights are the property of the transferor.

Art. 90. The copies of the photograph must bear the following particulars:

(1)     the name of the photographer or, in the cases referred to in the first paragraph of Article 88, the name of the firm to which he belongs or of the person who commissioned the photograph;

(2)     the year of production of the photograph;

(3)     the name of the author of the work of art which has been photographed.

If the copies do not bear these particulars, their reproduction shall not be deemed abusive and the remuneration laid down in Articles 91 and 98 shall not become due unless the photographer proves bad faith on the part of the reproducer.

Art. 91. The reproduction of photographs in anthologies intended for school use and, in general, in scientific or didactic works, shall be lawful, subject to the payment of equitable remuneration which shall be determined in the manner provided in the regulations.

The name of the photographer and the year of production of the photograph shall be given on the reproduction if they are given on the original photograph.

The reproduction of photographs published in newspapers or other periodicals, and which concern persons or current events or matters of any public interest, shall be lawful, subject to the payment of equitable remuneration,

The provisions of the final paragraph of Article 88 shall be applicable.

Art. 92. The exclusive right in respect of photographs shall subsist for 20 years as from the making of the photograph.

Art. 93. Correspondence, letters, collections of letters, family and personal memoirs and other writings of like nature, having a confidential character or associated with the intimacy of private life, may not be published, reproduced or in any manner brought to the knowledge of the public without the consent of the author and, in the case of correspondence and letters, the consent also the person to whom they are addressed.

After the death of the author or of the addressee, the consent of the spouse and children or, if none exist, the consent of the parents, shall be required; if there is no spouse, child or parent, the consent of the brothers and sisters or, if none exist, the consent of the direct ascendants and descendants to the fourth degree, shall be required.

If the persons referred to indicated in the preceding paragraph are two or more in number and disputes arise between them, the judicial authority shall decide the matter, after having heard the public prosecutor.

The wishes of the deceased person, when expressed in writing, shall in all cases be respected.

Art. 94. The consent referred to in the foregoing Article shall not be necessary if knowledge of the contents of such written matter is required for the purposes of civil or penal proceedings or in connection with the defense of the honor or reputation of the person or family concerned.

Art. 95. The provisions of the preceding Articles shall apply also to letters constituting works protected by copyright, even after they have fallen into the public domain. Such provisions shall not apply to official documents and letters and to documents and letters of interest to the State.

Art. 96. Subject to the provisions of the following Article, the portrait of a person may not be displayed, reproduced or commercially distributed without the consent of such person.

After the death of the person portrayed, the provisions of the second, third and fourth paragraphs ofArticle 93 shall be applicable.

Art. 97. The consent of the person portrayed shall not be necessary if the reproduction of the portrait is justified by his notoriety or his holding of public office, or by the needs of justice or the police, or for scientific, didactic or cultural reasons, or when reproduction is associated with facts, events and ceremonies which are of public interest or which have taken place in public.

However, the portrait may not be displayed or commercially distributed if its display or commercial distribution would prejudice the honor, reputation or dignity of the person portrayed.

Art. 98. In the absence of agreement to the contrary, a commissioned photographic portrait may be published, reproduced or caused to be reproduced by the person photographed or by his heirs or successors in title, without the consent of the photographer, subject to the payment of equitable remuneration to the photographer by any person making commercial use of the reproduction.

If the name of the photographer appears on the original photograph, that name shall be mentioned.

The provisions of the last paragraph of Article 88 shall be applicable.

Art. 99. The author of engineering projects and similar works which constitute original solutions of technical problems shall, in addition to the exclusive right of reproduction of the plans and drawings of the projects themselves have the right to equitable remuneration from any person who, with gainful intent and without the consent of the author, carries out the technical project concerned.

In order to exercise his right to remuneration, the author must insert on the plan or drawing a declaration of reservation of the right and must deposit the plan or drawing with the President of the Council of Ministers in accordance with the provisions of the Regulations.

The right to remuneration afforded by this Article shall subsist for 20 years as from the date of the deposit prescribed in the second paragraph.

Art. 100. The title of a work, when it uniquely identifies the work, may not be reproduced in connection with any other work without the consent of the author.

This prohibition shall not extend to works which are of a kind or character so far removed as to exclude all possibility of confusion.

The reproduction of headings used in periodical publications to give unique identification to the normal and characteristic features appearing thereunder shall also be prohibited, subject to the same conditions.

The title of a newspaper, magazine or other periodical publication may not be reproduced in other works of the same kind or character until two years have elapsed since cessation of its publication.