.Italy
- Ariadna
Link to legal provisions | Secondary legislation is expected to be issued and should provide further detail on representative CMOs | ||||||
Stakeholder dialogues | None | ||||||
Out of commerce determination | An effort is reasonable when done in good faith and professional correctness principles made through the consultation of appropriate sources of information and taking into account the characteristics of the work or the other materials and the sufficient easily accessible items on their future availability in the usual commercial channels. Out-of-commerce works are presumed to be the works that have not been available in commercial channels for at least ten years. | ||||||
Sufficiently representative CMOs | Secondary legislation is expected to be issued and should provide further detail on representative CMOs. | ||||||
Conditions for opt-out | When the use of the out of commerce materials is made under a licence, rightsholers shall notify the collecting organisations. If the licence has already been issued, the collecting organisations shall revoke the licence and notify the cultural heritage institutions and the Ministry of Culture. In the event of economic injury resulting from a particular use, the right holder shall retain the right to claim compensation therefore. When the use of the out of commerce material is made under the exception, rights holders shall notify the cultural heritage institution the communication on the EUIPO portal. | ||||||
Scope of licence | Reproduction, distribution, communication and making available to the public for non-commercial purposes | ||||||
Scope of exception | Only in case there are no sufficiently representative CMOs, only for database and software, the reproduction, communication to the public, extracting, translating, adapting, adjusting and modifying for the purpose of making available, for non-commercial purposes, on non-commercial websites, providing the name of the author or any other identifiable right holders, if it is possible. The exception is not remunerated. | ||||||
Publicity measures | No national database established. The declaration to the EUIPO database is to be made by the cultural heritage institution. | ||||||
Other conditions | Â | ||||||