Impacts de la Directive européenne sur le droit d'auteur et la société de l'information sur la loi italienne, et sur les exceptions au droit

The normative text that controls intellectual, artistic and literary property in Italy, based on the "author's right" system, is essentially included in the law no. 633 of 22 April 1941 about "protection of author's right and other rights related to its assertion", text that hasn't remained unchanged during the years, on the contrary it has been subject to many modifications and additions, destined to redefine its limits. It's necessary to cite also Civil Code, book V, title 9, chapter I, articles from 2575 to 2583. The European Directive 2001/29/CE about the harmonization of certain aspects of copyright and related rights in the Information society, called "Sixteenth directive" or "Internet Directive", governs some of these rights, and in particular their exceptions. Law 248/2000, modifying the old law 633/1941, has greatly reduced the margin of manoeuvre restricting the space of fair uses. Today we need to completely rethink the system of copyright in Europe, with the aim of an equitable balance between the rights of authors, who must find again their central role, those of cultural trade, whose economic investments must be protected, and those of the collectivity, who must be able to use the works in the framework of certain and clear rules.