Copyrightable Elements in Film: A Chain of Title Guide for Audiovisual Productions in Italy and Europe

Last updated: September 2026 — by Avv. Claudia Roggero, Rome Bar since 2003, entertainment and copyright law, DANDI.media

A film is not one copyrighted work. It is a stack of them — screenplay, direction, score, performances, cinematography, archive, locations, trademarks, artworks, and now AI-generated elements — each with its own author, its own rightsholder, its own term and its own legal framework.

Chain of title is the proof that every one of those layers was validly acquired. This guide maps the layers: what rights exist in an audiovisual work under Italian and European law, who holds them, and what has to be acquired to clear each one. For the corresponding document checklist — which agreement, release or licence proves each acquisition — see our chain of title documents guide.

What chain of title is, and what fails without it

The chain of title is the documentary sequence proving that every copyright and related right needed to make and exploit the work flows correctly to the production company. Not a document — a dossier.

An incomplete chain is the leading cause of:

• rejected public funding applications — Italian cinema tax credit, MiC selective contributions, regional Film Commission funds, Eurimages, Creative Europe MEDIA;
• refused E&O underwriting;
• broadcaster and platform delivery delays or rejections;
• distribution deals renegotiated or withdrawn;
• post-release litigation from rightsholders whose material was used;
• lost festival eligibility and market screenings.

The Italian tax credit framework — D.I. MiC-MEF 225/2024 as corrected by D.I. 141/2025 for national production, and D.I. 329/2024 for the foreign producer credit — has raised the documentation standard considerably, and PRCA registration requires the full dossier.

The film as a composite work: Article 44 LDA

Article 44 LDA names four co-authors of a cinematographic work:

1. the author of the subject (soggettista)
2. the author of the screenplay (sceneggiatore)
3. the composer of the music written for the work
4. the artistic director

Subject and screenplay are separate positions, not one. Two consequences follow, and both are practical rather than academic:

• Each holds moral rights individually. Under Article 10(3) LDA the defence of the moral right can always be exercised individually by any co-author — one objection is enough.
• The term runs from the last survivor of all four. A film released in 1950 whose composer lived until 2010 remains protected into the 2080s. Directive 2006/116/EC, as amended by 2011/77/EU, harmonises this across the Union.

Economic rights pass to the producer through Article 45 and following. Moral rights do not pass at all.

Beyond the four co-authors sits a further layer: performers, cinematographer, editor, production designer, costume designer, sound designer, VFX artists — protected by neighbouring rights, by copyright in their own contributions, or by contract.

Screenplay and underlying literary material

The screenplay is a literary work in its own right. Where it derives from a pre-existing source — novel, short story, article, biography, play, comic, video game — additional layers apply:

• Adaptation rights from the source author or publisher, normally via an option followed by full assignment on greenlight;
• Screenplay rights from each writer, with credit attribution and moral rights addressed;
• Polish and rewrite rights, linking every contribution into the chain;
• Life rights for biopics and documentaries portraying identifiable people.

The most common chain-of-title failure in independent production is here: an option never converted into assignment, an oral agreement never formalised, a rewriter who never signed. See our option agreement guide.

The director’s contribution

The director is a co-author under Article 44. Economic rights must be expressly assigned; paternity and integrity cannot be.

A director agreement should address:

• express assignment of economic rights, enumerating media and uses rather than relying on a catch-all;
• limitation and non-exercise clauses for moral rights — a waiver is void under Italian law;
• an approval mechanism under Article 22(2) LDA, under which an author who has known of and accepted modifications can no longer act against them;
• final cut and director’s cut provisions;
• credit obligations and form;
• future rights — sequels, prequels, remakes, brand extensions;
• compliance with the DSM rights that cannot be excluded: transparency (Article 110-quater LDA), contract adjustment (Article 110-quinquies), ADR before AGCOM (Article 110-sexies) and revocation for non-exploitation (Article 110-septies).

Cinematography and the creative crew

The cinematographer is not a co-author under Article 44, but holds protection in their own contribution and by contract. The same applies to the production designer, costume designer, makeup designer and VFX artists.

Each needs a service agreement addressing ownership of the contribution, rights in original designs — sets, costumes, environments can each attract protection in their own right — and moral rights in that contribution.

Music: composition, master, sync

Music is the most documentation-intensive layer. Every piece needs several clearances, and they are separable.

The cue sheet ties it together: every cue with title, duration, placement, composer, publisher, master holder and type of use. Without an accurate cue sheet filed on time, the performance royalties do not flow — and in a tax credit audit, music clearance is among the most closely examined areas.

Performance and image rights

Performers hold neighbouring rights under Article 80 and following LDA and moral rights under Article 81 — the right to be identified with their performance and to object to modifications prejudicing their honour or reputation.

Performer contracts should address:

• express transfer of neighbouring rights for the exploitation of the work;
• image and likeness for the production and ancillary uses — marketing, soundtrack, behind-the-scenes;
• moral rights, which remain inalienable;
• royalties or buy-out, calibrated to the role;
• collective agreement compliance where applicable;
• AI use of likeness and voice, as separate consents.

Image rights run in parallel through personality rights under Article 10 of the Civil Code and Articles 96–97 LDA. A performer can have no copyright claim and a strong image rights claim on the same facts. See our image release guide.

Archive footage and photographs

Each item needs written licensing from the rightsholder, with defined territory, exploitation windows and modification rights.

Law 182/2025 changed the position for photographs, extending protection of “simple photographs” from 20 years to 70 years from creation. Material that productions have treated as free for years may now be protected, and clearance analysis carried out before the reform should be redone rather than relied on.

Note that this is territorial: for Italian distribution, Italian duration rules apply even to a foreign production, and a photograph free elsewhere may be protected here. See our public domain guide.

Trademarks, brands and product placement

Incidental capture of trademarks in an editorial or artistic context is generally permitted under Italian and EU law. Prominent placement, commercial use, or association with controversial content is a different matter and can raise infringement or unfair competition claims.

Product placement in Italian productions is regulated by D.Lgs. 208/2021, transposing the AVMSD. It must be expressly authorised and contractually structured, disclosed to the audience as required, not unduly prominent, and must not compromise editorial independence.

Locations, architecture and artworks

• Private property — written authorisation with defined scope, duration and conditions;
• Public space — authorisation from the relevant comune, with procedures that vary widely between municipalities;
• Cultural heritage sites — authorisation under D.Lgs. 42/2004, from the competent authority;
• Architectural works — Italy has no freedom of panorama exception, unlike Germany, the UK or Spain. Where a building still in copyright is the main subject of the shot, commercial use requires authorisation from the architect or their successors; incidental background inclusion is treated differently;
• Drones — Regulation (EU) 2019/947 and ENAC implementing rules.

Artworks captured in shot need separate analysis. Incidental background appearance has some latitude; featured or prominent artworks generally need licensing. Watch public sculptures and installations, designer furniture and applied art, and street art — where rightsholders have become notably more active.

One Italian point with no obvious foreign equivalent: an artwork out of copyright may still require authorisation if it is held in an Italian public collection, because D.Lgs. 42/2004 regulates reproduction of the physical item independently of copyright.

AI-generated elements

Productions increasingly use AI for visual effects, voice synthesis, de-aging, face replacement, score elements and generated content. The documentation has to extend accordingly:

• AI tool licensing with verified rights to exploit the outputs commercially;
• Training data verification — whether the training was authorised or fell within an exception;
• Consent for AI-generated likenesses where the output imitates an identifiable person;
• Transparency labelling under the EU AI Act (Regulation (EU) 2024/1689);
• Law 132/2025 compliance on vocal and image identity.

The tax credit AI clause — two different provisions

The two decrees govern different schemes and are frequently confused. For a foreign production, Article 9(4) of D.I. 329/2024 requires contracts with authors, performers and executants to let them withhold consent to AI exploitation of their work, image or performance — on pain of inadmissibility. Two further obligations sit alongside it: a declaration at final application of which parts of the work used AI (Article 9(3)), and the non-eligibility of AI costs replacing creative or artistic performance (Article 4(2)(b)).

See our moral rights in film guide and Italian film tax credit guide.

Building the chain across the production timeline

Build the chain during production, not at delivery. Retroactive assembly costs more, takes longer, and arrives at exactly the moment the production has least leverage with a missing rightsholder.

Tax credit, PRCA and E&O

For the Italian tax credit, comprehensive clearance documentation is required at application and at audit, the AI clause must appear in the relevant contracts, and DG Cinema scrutinises the chain for completeness. Defective documentation can mean denial, clawback, or difficulty on the next application.

PRCA registration requires the dossier as part of the submission.

E&O underwriters audit before issuing: screenplay and underlying rights, director and performer contracts, music clearance, archive licences, location releases, trademark clearances, AI documentation, and image releases for every identifiable person. Gaps must be remediated before the policy issues — a process that routinely runs months and reshapes distribution timelines.

Frequently asked questions

Who are the co-authors of an audiovisual work under Italian law?

Four, under Article 44 LDA: the author of the subject, the author of the screenplay, the composer of music written for the work, and the artistic director. Subject and screenplay are separate positions. Economic rights pass to the producer under Article 45 and following; moral rights remain inalienable, and under Article 10(3) any co-author can defend them individually.

Do I need permission to film a building in Italy?

Generally not for works of architecture in public places, under the exception in Article 71-quinquies LDA. Caution is warranted for distinctive or recent buildings in commercial productions, and cultural heritage sites require specific authorisation under D.Lgs. 42/2004.

What clearance do I need for trademarks visible in my film?

Incidental capture in an editorial or artistic context is generally permitted. Prominent placement, commercial use, or association with controversial content requires authorisation. Product placement must comply with D.Lgs. 208/2021, including audience disclosure.

How does the 2025 photograph reform affect my production?

Law 182/2025 extended protection of simple photographs from 20 to 70 years from creation. Archive photographs previously treated as free may now require licensing for Italian distribution. The reform is territorial: it governs acts of exploitation in Italy regardless of where the photograph was made.

Does the Italian tax credit require specific chain-of-title documentation?

Yes, at application and at audit, and the mandatory AI clause must appear in the relevant contracts — Article 7(6) of D.I. 225/2024 for the national production credit, Article 9(4) of D.I. 329/2024 for the foreign producer credit, the latter on pain of inadmissibility.

Can AI-generated elements be part of a film’s chain of title?

Yes, with documentation: tool licensing, training data verification, consent for AI-generated likenesses, transparency labelling under the EU AI Act and Law 132/2025, and the mandatory AI clause for tax credit productions. AI costs that replace creative or artistic performance are separately non-eligible for the foreign producer credit.

What about life rights for biopics and documentaries?

Where the production portrays identifiable people, a life rights agreement with them or their estate is often advisable even where not strictly required. Privacy, image rights and defamation interact in biographical work, and post-mortem image rights and family interests apply for deceased subjects.

How do moral rights affect chain of title?

They cannot be acquired. Co-authors and performers retain them regardless of any assignment of economic rights, so the documentation addresses them through limitation and non-exercise clauses for ordinary post-production work, plus an approval mechanism under Article 22(2) LDA for material modifications.

What happens if a chain-of-title gap is found during distribution?

Retroactive clearance is usually possible but at premium pricing, because the negotiating leverage sits entirely with the missing rightsholder. In the meantime the production faces delivery delays, platform or broadcaster rejection, refused E&O cover and litigation risk.

How DANDI supports audiovisual producers

DANDI.media acts for Italian and international producers, distributors, broadcasters and platforms across the chain-of-title lifecycle:

• Development-stage planning — rights requirements analysis, risk identification, structuring the clearance pathway
• Underlying rights — options, life rights, screenwriter contracts, journalistic source clearance
• Director and performer contracts with Italian moral rights, neighbouring rights and DSM compliance
• Music clearance — sync, master, sample, original score, covers
• Archive licensing, including reassessment after Law 182/2025
• Trademark and product placement under EU and Italian law including AVMSD
• Location releases — private, public, cultural heritage, drone
• AI clauses and compliance under the AI Act, Law 132/2025 and both tax credit decrees
• PRCA registration and tax credit documentation
• E&O support — audit assistance, gap remediation, retroactive clearance negotiation
• Cross-border coordination for international co-productions

We work in English, Italian and French, and are regularly instructed by foreign law firms on Italian-law elements of a wider clearance.

Book an initial consultation with Avv. Claudia Roggero.

Related guides

Primary sources

Italian Copyright Act (Law 633/1941), in particular Articles 10, 13, 20–24, 44–50, 70, 80–81, 96–97, 110 and 110-quater to 110-septies; D.Lgs. 177/2021; D.Lgs. 208/2021; D.Lgs. 42/2004; D.Lgs. 30/2005; Law 182/2025; Law 132/2025; D.I. MiC-MEF 225/2024 and 329/2024; Directive 2006/116/EC as amended by 2011/77/EU; Regulation (EU) 2024/1689; Regulation (EU) 2019/947.

This guide states the position at the date above. Confirm current provisions before relying on it for a live production.

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