Copyright and educational uses: The unbearable case of Italian law from a European and comparative perspective

Abstract:

This study focuses on the legal treatment of educational uses of copyrighted works under Italian law. Considering the very narrow room for free, unauthorized educational uses under Article 70 of the Italian Copyright Act, one would expect a large recourse to rights clearance mechanisms ensuring a wide and legitimate use of copyrighted works for educational purposes (especially when such works are communicated through digital networks and are used on e-learning platforms). Unfortunately, this is not the case in Italy, where neither stakeholders nor competent authorities have taken steps to create an effective system of licences for educational uses.

A comparative analysis of exceptions and licensing mechanisms for educational uses in a few countries of continental Europe, northern Europe and of the United States reveals solutions and contractual patterns that show possible solutions for Italy to escape from the present stalemate. In nearly all jurisdictions considered in the study, collective bargaining and collective management constitute an essential element of the regulation of educational uses of copyrighted works and set up mechanisms and levels of economic compensation for authors, publishers and other categories of right-holders.

In conclusion, the study suggests a reform of Italian law based on the examples of statutory licensing schemes created for educational uses by countries like Germany and France. Such reform would aim at legalizing a number of educational uses to the benefit of certain categories of beneficiaries through the recognition of remuneration rights in favour of copyright holders.

An earlier Italian version of this study was published with the title “Diritto d’autore, libere utilizzazioni e licenze per attività didattiche: l’insostenibile leggerezza della legge italiana in una prospettiva europea e comparata” in Il Diritto di Autore, n. 82/2, 207 (2011).