Italian copyright law: commissioned works and economic rights
In Italian copyright law, moral and economic rights belong to the author upon creation. However, for commissioned works, economic rights transfer to the commissioner within the contract's scope, even without a written agreement. Moral rights remain with the author. The same applies to works created by employees, where the employer holds economic rights for software, databases, industrial design, and non-creative photographs. The article, by lawyer Raffaella Pellegrino on Artribune Magazine #34, warns that during negotiation, parties must clarify rights ownership to avoid disputes.
Key facts
- Moral rights are inalienable and always remain with the author.
- Economic rights for commissioned works belong to the commissioner within the contract's scope.
- Transfer of economic rights can occur without a written contract, contrary to general rules.
- For employee-created works, the employer holds economic rights for software, databases, industrial design, and non-creative photographs.
- Courts interpret party intent to resolve disputes, especially without written agreements.
- The article is by Raffaella Pellegrino, a lawyer specializing in copyright and intellectual property.
- Published on Artribune Magazine #34.
- The article emphasizes careful negotiation to preserve authors' exploitation rights.
Entities
Artists
- Raffaella Pellegrino
Institutions
- Artribune
Locations
- Italy