What Is Not Protected by Copyright: An Operational Checklist Under Italian and European Law

Copyright protection is broad — it covers literary works, music, films, photographs, software, art, design, choreography, and countless other forms of creative expression — but it is not unlimited. Important categories of content fall outside copyright protection entirely, free for anyone to use, reproduce, and build upon without licensing or permission. Understanding what is not protected by copyright is just as important as understanding what is: it allows creators, businesses, and content users to operate confidently, avoid unnecessary licensing costs, and identify the appropriate legal protection (patent, trademark, trade secret, contract) for content that cannot be copyrighted.

This guide provides an operational checklist of categories that fall outside copyright protection under Italian and European law, with comparison to the US framework where relevant. For each category, we identify what is excluded, why it is excluded, what alternative legal frameworks may apply, and the practical implications for creators, businesses, and content users. For the doctrinal foundation — the idea/expression dichotomy, the originality threshold, and CJEU jurisprudence — see our companion guide on the idea/expression dichotomy in Italian and EU copyright law. For the broader copyright framework, see our master pillar guide to copyright law in Italy and Europe.

Why some content is excluded from copyright

Copyright is designed to balance two competing interests: protecting creators so that they can benefit from their creative work, and preserving public access to ideas, information, and creative material that society needs to circulate freely. The categories of content excluded from copyright are excluded for one or more of the following reasons:

• Lack of originality: content that does not reflect the author’s intellectual creation through expressing personal touches (the CJEU Infopaq/Painer threshold) does not qualify;
• Public interest in free circulation: facts, laws, government works need to circulate freely for democracy, education, and informed citizenship;
• Functional rather than expressive purpose: where content serves a function rather than expressing creativity, copyright protection is unavailable or limited;
• Already in the public domain: works whose copyright has expired or never attached belong to everyone;
• Not the proper subject matter: certain categories of content (ideas, methods, discoveries) are categorically outside copyright by statute or judicial doctrine;
• Insufficient creative contribution: routine, mechanical, or trivial output may not meet the originality threshold even when it has some creative element.

The exclusions are not loopholes or imperfections in the system — they are deliberate design features that keep copyright focused on what it should protect (specific creative expression) while leaving other domains free for alternative legal frameworks (patents for inventions, trademarks for commercial identifiers, trade secrets for confidential information, unfair competition for parasitic practices).

1. Ideas, concepts, methods, and procedures

Not protected: ideas, concepts, procedures, processes, systems, methods of operation, principles, discoveries — regardless of how brilliant, original, or commercially valuable they may be.

This is the foundational exclusion, embedded in the idea/expression dichotomy. Under Italian and EU law, copyright protects the specific creative expression of ideas in concrete form (the written text, the recorded music, the executed visual work, the actual code). The underlying ideas, concepts, and methods themselves are not protected.

The principle applies to:

• Business methods and models: a clever new business concept is not protected by copyright. Others can adopt and adapt the same business approach;
• Scientific theories and discoveries: the underlying scientific insight is not protected. Specific written explanations of the theory can be;
• Mathematical methods and algorithms: not protected as such. Specific software implementations or written descriptions can be;
• Plans and operational procedures: not protected. Their specific written or visual expression may be;
• Game rules and gameplay concepts: not protected. Specific game text, graphics, code, and audiovisual elements can be.

Why excluded: copyright is designed to incentivise creative expression, not to give monopoly rights over abstract intellectual content. Other legal frameworks (patents, trade secrets) address this need where it exists.

Alternative protection: patents (for novel and inventive technical solutions), trade secrets (for confidential business information), trademarks (for commercial identifiers), unfair competition law (for parasitic practices), contractual confidentiality (NDAs).

For deeper analysis of the idea/expression boundary, see our companion guide on the idea/expression dichotomy.

2. Facts and data

Not protected: facts and raw data themselves, regardless of how difficult, expensive, or time-consuming they were to gather.

The population of Italy, the height of Mount Everest, the date of the French Revolution, the chemical composition of water, the recorded results of yesterday’s football matches — none of these are protected by copyright. They are facts about the world, not creative expressions.

The principle has nuances:

• Raw data is not protected: the underlying facts and observations themselves;
• Specific expression of facts can be protected: a particular article, report, infographic, or documentary that expresses facts through original creative choices receives copyright protection on the specific expression, not on the underlying facts;
• Compilations of facts can be protected as databases: under Directive 96/9/EC and Italian D.Lgs. 169/1999, databases can receive copyright protection (for original selection and arrangement) or sui generis protection (for substantial investment in obtaining or verifying the data), but the underlying facts remain free for others to extract and use.

Why excluded: facts are part of the common stock of knowledge. Copyright cannot privatise facts about the world; it can only protect the specific creative expression of those facts.

Alternative protection: database sui generis right for substantial investment, contractual confidentiality, trade secret protection for confidential data, technical protection measures, unfair competition for parasitic copying.

3. Public domain works

Not protected: works whose copyright has expired (the author has died more than 70 years ago) or never attached (works created before modern copyright frameworks, works lacking originality, government works in some jurisdictions).

Public domain works can be freely copied, distributed, performed, adapted, and used commercially in any way. However:

• Public domain status is jurisdiction-specific: a work in the public domain in one country may still be protected in another. Italian and EU duration is generally life of the author plus 70 years, but US duration for older works follows different rules with potential differences;
• Derivative works are separately protected: a translation, adaptation, or arrangement of a public domain work is itself a new work, with copyright protection on the new creative contribution;
• Critical editions can have specific protection: under Article 85-quater of the Italian Copyright Act, critical and scientific editions of public domain works receive 20 years of protection on the new scholarly editorial contribution;
• Restoration and digitisation may not create new copyright: mere mechanical reproduction or restoration without creative input does not generate new copyright over the underlying public domain work;
• The 2025 Italian photograph reform (Law 182/2025) complicates analysis: many photographs that had entered the Italian public domain under the previous 20-year regime for simple photographs are now under the extended 70-year protection. See our guide on copyright duration and pre-existing works.

Why excluded: copyright was always intended as a time-limited monopoly, balanced against eventual entry into the public domain for the benefit of culture and society.

4. Government and official works

Not protected (with national variations): works produced by government bodies in the exercise of their official functions.

Under Italian law, Article 5 of the Italian Copyright Act provides that the provisions of the law do not apply to:

• texts of official acts of the State or public administrations, both Italian and foreign;
• court decisions and other official judicial acts.

This exclusion covers:

• laws, decrees, regulations, and other legislative texts;
• court decisions, judicial orders, and other official judicial acts;
• official government reports and certain ministerial publications;
• parliamentary proceedings and certain official records.

However:

• Educational and cultural material produced by government bodies may still receive copyright protection. The exclusion is targeted to acts of authority, not to all government publications;
• Computer software developed by government bodies typically retains copyright;
• Cultural heritage materials in state collections are subject to specific rules under D.Lgs. 42/2004 (Cultural Heritage Code), which can impose authorisation requirements for reproduction even when copyright has expired.

The US framework is similar but distinct: works of the US federal government are not subject to copyright (17 U.S.C. § 105). State governments are not similarly excluded and may assert copyright over their works.

Why excluded: democratic principle. Citizens need free access to laws, regulations, and official acts that govern them.

5. Laws, court decisions, and official texts

Not protected: laws (statutes, regulations, codes), court decisions, constitutional texts, and other normative acts of public authorities.

This is a specific application of the government works exclusion, recognised across all major jurisdictions including Italy (Article 5 LDA), most EU member states, the US, the UK, and most of the world. Court decisions and statutory texts are in the public domain regardless of who collated, edited, or published them.

Specific nuances:

• Headnotes and editorial annotations added by legal publishers (Giuffrè, Wolters Kluwer, Lexis Nexis, etc.) can receive copyright protection on the original editorial contribution;
• Translations of laws and decisions are themselves creative works and receive copyright protection on the translation;
• Compilations and databases of legal texts may receive database protection for substantial investment, but the underlying texts remain free;
• Critical and scientific editions of historical legal texts may receive Article 85-quater protection on the editorial contribution.

Why excluded: rule of law principle. Citizens must have free access to the laws they are subject to.

6. Short phrases, titles, names, and slogans

Not protected: words and short phrases used as names, titles, slogans, brief expressions, familiar symbols, mere variations of typographic ornamentation, and listings of ingredients or contents.

This exclusion reflects the originality threshold: short phrases typically do not meet the threshold of “author’s own intellectual creation” required under CJEU Infopaq jurisprudence. A two-word slogan, a single-word title, or a brief tagline rarely embodies sufficient creative expression to qualify.

Examples of unprotected short phrases:

• book and film titles (e.g., “Gone With the Wind”, “The Great Gatsby”);
• commercial slogans (“Just Do It”, “Think Different”);
• song titles (separate from the song itself, which is protected);
• personal names and band names (separate from the works, which can be protected);
• company names and product names.

This is an area where the alternative legal framework is particularly important: trademarks protect distinctive commercial identifiers — names, titles, slogans, logos, taglines — that function to identify commercial origin. A slogan that is not protected by copyright can be a powerful trademark.

The CJEU has applied the originality test specifically to short text fragments: in Infopaq (C-5/08, 2009), the court held that 11-word extracts can in principle be protected if they reflect the author’s intellectual creation. The threshold is therefore not absolute — exceptional creative content even in short form can meet the originality test — but typical titles, names, and slogans do not.

Why excluded: insufficient originality in most cases. Commercial function better served by trademark protection.

Alternative protection: trademark registration with UIBM (Italy), EUIPO (EU), or other national/international trademark systems.

7. Blank forms and works designed for recording information

Not protected: blank forms designed for recording information without themselves conveying information — time cards, graph paper, account books, diaries, bank checks, scorecards, address books, report forms, order forms, contracts templates with blank fields.

The exclusion applies because such forms are essentially functional containers for content that the user will add. Their creative expression is minimal or absent; their function is to organise information that does not yet exist.

However:

• Forms with substantial original textual or graphic content can qualify for copyright — a contract template with substantial original drafting, a planner with original textual content, a designed form with original artistic elements;
• Specific original layouts and designs of forms may receive protection where the design itself reflects creative expression;
• Compilations of forms may receive database protection if they reflect substantial investment.

Why excluded: functional purpose, insufficient creative expression in the form itself.

8. Fonts and typefaces

Not protected (mostly): fonts and typefaces, particularly when used for the functional purpose of recording or displaying text.

The treatment of fonts is one of the more nuanced areas of copyright:

• Functional typefaces: when used for the functional purpose of allowing text to be recorded or displayed, fonts are generally not protected by copyright in most jurisdictions. The functional aspect dominates;
• Decorative typefaces: when used as aesthetic elements of design — particularly distinctive ornamental or display typefaces — fonts may receive copyright protection;
• Font software: the digital files (TTF, OTF) implementing fonts are computer programs and can be protected as software under Directive 2009/24/EC and Articles 64-bis ff. LDA, even if the underlying typeface design is not;
• Industrial design registration: distinctive typeface designs can be registered as industrial designs under D.Lgs. 30/2005, providing alternative protection;
• Italian specifics: Article 2(10) LDA on industrial design works of artistic value may apply to particularly distinctive typeface designs meeting the CJEU Cofemel originality test.

Why excluded: dominant functional purpose. Aesthetic typeface designs may receive design or copyright protection where originality is present.

Alternative protection: software copyright on the font files, industrial design registration, contractual licensing terms.

9. Domain names and URLs

Not protected: domain names and Uniform Resource Locators (URLs) as such.

The exclusion rests on multiple grounds:

• Functional purpose: domain names serve to identify network locations, a functional purpose;
• Lack of originality: most domain names are descriptive, generic, or composed of words and short phrases that themselves lack originality;
• Short text fragments: domain names are typically too short to reflect intellectual creation under the Infopaq test;
• Identifier rather than creative content: a domain name identifies; it does not creatively express.

However:

• Domain names can function as trademarks: where used as commercial identifiers, domain names can be protected under trademark law, with specific dispute resolution mechanisms (UDRP for ICANN domains, .it dispute resolution for Italian ccTLD);
• Cybersquatting is addressed through unfair competition law, trademark dilution provisions, and specific anti-cybersquatting frameworks;
• Trade mark conflicts: registration of a domain name corresponding to someone else’s trade mark can constitute trademark infringement.

Why excluded: functional identifier purpose, lack of independent creative expression.

Alternative protection: trademark registration, ICANN dispute resolution procedures, Italian .it dispute resolution.

10. Utilitarian and functional objects

Not protected (without additional artistic value): objects whose primary purpose is functional — lamps, bathroom sinks, kitchen utensils, clothing, computer monitors, distinctive-looking coffeemakers, ergonomic chairs.

The framework under Italian law:

• Article 2(10) LDA provides that industrial design works can receive copyright protection where they have creative character and artistic value (carattere creativo e valore artistico);
• The artistic value requirement has been narrowed by CJEU jurisprudence: in Cofemel (C-683/17, 2019), the court held that originality is the only criterion for copyright protection of design works. National “artistic value” requirements that exclude works meeting the originality threshold are incompatible with EU law;
• Practical application: design works increasingly qualify for copyright protection where originality is present, with the “artistic value” requirement interpreted in light of EU harmonisation;
• Industrial design registration: under D.Lgs. 30/2005, separate registration of industrial designs provides complementary protection (registered design rights) for new designs with individual character.

The classic exclusion of utility from copyright thus has nuances:

• Purely functional objects without creative design elements: not protected by copyright;
• Functional objects with creative design contribution: potentially protected by copyright (under Italian Article 2(10) interpreted in light of Cofemel) and/or by industrial design registration;
• Decorative features separable from functional elements: can be protected even where the underlying functional object is not.

Why excluded (utility): function-driven design is outside the artistic protection of copyright. Protection comes through industrial design and patent frameworks.

Alternative protection: registered industrial design (D.Lgs. 30/2005, EU Regulation 6/2002), utility models, patents for functional improvements, trade dress under trademark/unfair competition.

11. News, events, and historical facts

Not protected: news of the day, current events, historical facts, and information about real-world occurrences.

News articles, video reports, and journalistic content can be protected by copyright on their specific creative expression, but the underlying news and facts cannot. This allows:

• multiple news outlets to report the same event with their own creative expression;
• discussion, debate, and analysis of news without infringing the original reporting;
• fair circulation of information through news aggregators and discussion platforms.

However, the DSM Directive Article 15 introduced a new neighbouring right for press publishers (transposed in Italy as Article 43-bis Italian Copyright Act):

• online use of press publications by information society service providers requires authorisation from the publisher;
• the right applies to the specific press publication, not to facts or individual words;
• certain uses (hyperlinking, use of individual words or very short extracts) are excluded;
• the right is in addition to (not replacing) the underlying copyright on creative content;
• application to news aggregators, search engines, and similar services is ongoing.

Italian law also recognises specific exceptions for news reporting under Articles 65 ff. LDA, allowing the use of copyrighted material in news reporting on current events subject to attribution and proportionality.

Why excluded: democratic principle of free flow of information about current events.

Alternative protection: specific neighbouring right for press publishers (DSM Article 15, Article 43-bis LDA), contractual licensing.

12. Mathematical formulas, scientific theories, and discoveries

Not protected: mathematical formulas, scientific theories, scientific discoveries, and the methods of mathematical, scientific, or engineering analysis themselves.

The Pythagorean theorem, Einstein’s theory of relativity, Maxwell’s equations, the Krebs cycle, the laws of thermodynamics — none of these are protected by copyright. They are discoveries about the natural world and abstract mathematical truths.

However:

• Specific written or visual expressions of theories: a particular textbook, article, or visualisation of a scientific theory can be protected by copyright on its specific expression;
• Software implementations of mathematical methods: specific software implementing mathematical methods can be protected as software, even though the underlying mathematics is not;
• Patents for technical applications: while pure scientific theories are not patentable, technical applications and inventions based on scientific principles can be;
• Trade secrets: where scientific or technical knowledge is confidential, trade secret protection may apply.

Why excluded: scientific progress requires free circulation of theories and discoveries.

Alternative protection: patents for technical applications, trade secrets for confidential research, contractual confidentiality, defensive publication.

13. Styles, techniques, and genres

Not protected: artistic styles, techniques, methods, and genres — impressionism, cubism, conceptual art, jazz, hip-hop, mystery fiction, romantic comedy, neo-realism, baroque architecture.

The Rihanna v. Clar case (Tribunal de Grande Instance de Paris, 2016) illustrates this principle in the visual arts. The technique of using fluorescent tubes to form words as an artistic installation is a style and method; it is not protected by copyright. Specific works using that technique can be protected on their specific creative expression, but not on the underlying technique itself.

The principle applies across creative sectors:

• Music styles and genres: rock, country, hip-hop, electronic. Anyone can compose in any style;
• Visual art styles and movements: impressionism, abstract expressionism, photorealism. Anyone can paint in any style;
• Literary genres: mystery, romance, science fiction, fantasy. Anyone can write in any genre;
• Film genres: noir, comedy, action, drama. Anyone can make films in any genre;
• Photographic techniques: long exposure, infrared, black-and-white. Anyone can use any technique;
• Production techniques: dubbing styles, editing approaches, sound design methods. Available to all producers.

The boundary becomes complex where style approaches specific signature elements. The CJEU has not yet directly ruled on a “style infringement” claim, but national courts consistently hold that style and technique fall outside copyright. AI-generated content in the style of identifiable authors raises separate issues — personality rights, AI Act transparency, unfair competition — but does not generally trigger copyright infringement on the style alone.

Why excluded: styles and techniques are part of the cultural commons. Copyright protects specific creative works, not the broader artistic vocabulary.

Alternative protection: personality rights for identifiable authors, moral rights against derogatory imitation, trademark for distinctive commercial identifiers, unfair competition for deceptive imitation.

14. AI-generated output without human creative input

Not protected: purely AI-generated output where the human contribution is limited to providing a prompt or instruction.

Italian and EU copyright requires human authorship — works must be the “author’s own intellectual creation” under the CJEU Infopaq test. AI-generated output without substantial human creative input fails this test:

• The AI’s output is not human creation: the AI is a tool, not an author. Its output reflects training data and algorithmic processing, not human intellectual creation;
• The prompt is typically not sufficient creative expression: a short instruction or prompt rarely contains enough creative expression to itself be protected, or to confer authorship on the resulting output;
• The output may fall in the public domain: with no copyright holder, purely AI-generated output is generally free for anyone to use.

However:

• AI-assisted works with substantial human creative input can be protected: where the human author exercises substantial creative control — selecting from multiple AI-generated alternatives, modifying generated content, integrating AI output into a broader work shaped by human creative choices — the resulting human-authored work can qualify for copyright protection;
• The Infopaq test applied to AI scenarios: the analysis turns on whether the work reflects human intellectual creation through expressing personal touches. Substantial human creative contribution can meet this test even where AI was used as a tool;
• Specific human-authored elements: prompts containing substantial creative expression, edited and modified output, integrated multimedia works combining AI elements with human creation — these can be protected on their human-authored elements;
• The EU AI Act and Italian Law 132/2025 impose transparency and labelling obligations on commercial AI-generated content;
• Italian cinema tax credit AI clause: under Article 7, paragraph 6 of D.I. MiC-MEF 225/2024, productions accessing the tax credit must include AI clauses addressing AI use, transparency, and rights allocation.

The legal framework is rapidly evolving. CJEU jurisprudence on AI-generated content is anticipated, and national courts across Italy, France, Germany, and other EU member states are addressing AI-related copyright disputes.

Why excluded (pure AI output): human authorship requirement.

Alternative protection: contractual frameworks for AI-generated content, technical protection measures, trade secret for confidential AI inputs/outputs, EU AI Act transparency frameworks for commercial deployment.

15. Unfixed improvisations and oral works

Not protected (until fixed): improvised performances, oral works, and creative content that has not been fixed in any tangible or recorded form.

Italian copyright protects “works of the intellect” expressed in some form. While the original 1941 LDA did not require fixation as such (unlike US copyright which traditionally required fixation), modern practice and CJEU jurisprudence have moved toward requiring some form of fixation or expression that makes the work accessible.

Practical implications:

• Live improvised performance: typically not protected by copyright until recorded (the recording captures the performance and creates a copyrightable work);
• Oral storytelling, lectures, speeches: not protected as such until fixed in writing or recording. The fixation creates the protectable work;
• Performance neighbouring rights: separate from authorial copyright, performers have neighbouring rights on their performances that can apply even to unfixed live performances under specific circumstances (Article 80 LDA).

Modern practice typically involves recording or written documentation of valuable improvised content to ensure protection.

Why excluded (until fixed): copyright traditionally requires some form of expression accessible to others.

Alternative protection: contemporary recording or documentation, performer neighbouring rights, contractual frameworks for live event content.

When you need protection: alternative legal frameworks

Where content falls outside copyright but requires legal protection, multiple alternative frameworks may apply, often in combination:

Patents

For inventions meeting novelty, inventive step, and industrial application criteria. Italian patents through UIBM; European patents through EPO. Patents protect technical solutions and innovations, including methods, processes, and products. Different from copyright in scope, duration (typically 20 years), and registration requirements.

Trade secrets

For confidential business information of commercial value. Italian protection under D.Lgs. 63/2018 (transposing EU Directive 2016/943 on trade secrets). Covers technical and commercial information that is secret, has commercial value, and is subject to reasonable confidentiality measures.

Trademarks

For distinctive signs identifying commercial origin: names, logos, slogans, packaging, sounds, colours. Italian trademarks through UIBM; EU trademarks through EUIPO. Trademark protection is registration-based (with some unregistered protections), territorial, and renewable indefinitely. Critical for content that copyright cannot protect (titles, names, slogans).

Industrial design

For aesthetic appearance of products. Italian designs through UIBM; EU designs through EUIPO. Protects the look of products independently of (and complementary to) copyright. Particularly important for fashion, furniture, consumer products, and other utilitarian objects where copyright protection may be limited.

Database sui generis right

Under Directive 96/9/EC and D.Lgs. 169/1999, for databases reflecting substantial investment in obtaining, verifying, or presenting data. Protects against unauthorised extraction or re-utilisation of substantial parts of the database. Different from copyright in databases (which requires original selection or arrangement).

Unfair competition

Under Italian Civil Code Article 2598 and EU rules, for misleading, parasitic, or deceptive commercial practices. Can address copying of distinctive elements even where copyright does not apply, particularly in commercial contexts.

Personality rights

Under Article 10 Italian Civil Code, for image, name, and likeness. Protects against unauthorised commercial or harmful use of an identifiable person’s image and identity. Critical for AI-generated content imitating real persons, even where copyright is not engaged.

Contractual frameworks

Non-disclosure agreements (NDAs), confidentiality clauses, licensing terms, joint development agreements. Contractual protection is consensual and limited to the parties, but can protect content that no statutory framework covers.

Defensive publication

For content that the creator does not want to monopolise but wants to prevent others from monopolising: publication in the public domain prevents subsequent registration of similar IP rights by others. Used strategically by some technology and design fields.

Italian-specific considerations

Italian copyright has specific features that affect what is and is not protected:

• Italian Copyright Act Article 5: excludes official acts of public authorities and court decisions from copyright protection;
• Italian Copyright Act Article 85-quater: provides 20-year protection for critical and scientific editions of public domain works;
• Italian Copyright Act Article 2(10): requires “creative character and artistic value” for industrial design copyright protection, interpreted in light of CJEU Cofemel;
• Italian Civil Code Article 10: personality rights including image rights, applicable to AI-generated content imitating identifiable persons;
• D.Lgs. 42/2004 (Cultural Heritage Code): imposes authorisation requirements for reproduction of cultural heritage items in state collections, even when copyright has expired;
• Law 182/2025: extended simple photograph protection from 20 to 70 years, affecting many photographs previously considered to be in the Italian public domain;
• Law 132/2025 on artificial intelligence: national framework on AI, including provisions on authorship of AI-generated content and identification of synthetic material.

For cross-border productions and rights transactions involving Italy, these specifics require careful analysis even where US, UK, or other foreign frameworks suggest a particular content is “in the public domain” or “not protected”.

Practical strategy for creators and businesses

For creators

• Identify what is and is not protected in your work: distinguish between protected creative expression (your specific text, music, visuals, code) and unprotected underlying ideas, methods, styles, and concepts;
• Use the right framework for each element: copyright for creative expression, trademark for commercial identifiers (titles, names, slogans), patent for technical innovations, trade secret for confidential information, contracts for sensitive disclosures;
• Document your specific creative choices: evidence of original creative contribution supports the originality threshold;
• Consider AI authorship implications: where you use AI tools, ensure substantial human creative input to maintain copyright protection on the resulting work.

For businesses and content users

• Verify clearance carefully: do not assume content is “in the public domain” without specific verification for each distribution territory;
• Reassess Italian historical photographs: Law 182/2025 has changed the framework — many photographs require re-clearance;
• Differentiate ideas from expression in competitive analysis: competitors’ specific creative expression is off-limits; underlying ideas, concepts, and techniques are generally available;
• Use multiple IP frameworks in combination: copyright + trademark + design + trade secret often provides more comprehensive protection than copyright alone;
• For AI-generated content commercialisation: ensure transparency compliance under EU AI Act and Italian Law 132/2025;
• For Italian tax credit productions: include the mandatory AI clause under D.I. 225/2024.

For licensors and licensees

• Define scope precisely: licences cover specific protected expression; underlying ideas remain free even after licensing;
• Address future technologies: licences should address AI use, derivative works, format-shifting, and platform evolution;
• Use combined IP licensing: where multiple IP rights apply (copyright + trademark, copyright + design, etc.), structure licensing across all relevant frameworks.

Frequently asked questions

What is not protected by copyright in Italy?

Ideas, concepts, methods, procedures, facts, data, public domain works, government acts and court decisions, short phrases and titles, blank forms, most fonts (when functional), domain names, utilitarian objects without artistic value, news and historical facts, mathematical formulas, scientific theories, artistic styles and techniques, purely AI-generated content without human creative input, and unfixed improvisations.

Can I copyright an idea for a film or novel?

No. Ideas are not protected by copyright under Italian and EU law. Only the specific creative expression of an idea (the written screenplay, the completed film, the actual text of the novel) is protected. The underlying idea — the concept, the plot premise, the character archetype — is free for anyone to use.

Are laws and court decisions in the public domain in Italy?

Yes. Article 5 of the Italian Copyright Act excludes official acts of public authorities and court decisions from copyright. Citizens have free access to laws, regulations, and judicial decisions. However, editorial annotations by legal publishers and translations into other languages can receive copyright on the original editorial or translation contribution.

Can I use a song title for my own work?

Generally yes, since titles and short phrases typically lack the originality threshold for copyright. However, distinctive song titles may be protected by trademark law, particularly when associated with famous works. Use of a famous song title may also raise unfair competition issues. For commercial uses, specific analysis is advisable.

Is AI-generated art copyrightable in Italy and Europe?

Purely AI-generated art without substantial human creative input is not copyrightable under Italian and EU law, which requires human authorship. AI-assisted art with substantial human creative input (curation, modification, integration into broader human-shaped work) can be copyrighted. The EU AI Act and Italian Law 132/2025 also impose transparency obligations on commercial AI-generated content.

Can I copy a photograph from the 1950s that was in the Italian public domain?

Possibly not, depending on the photograph. Italian Law 182/2025 extended simple photograph protection from 20 to 70 years, with retroactive effect on photographs whose previous 20-year term had expired. Many 1950s and later photographs that were previously considered in the Italian public domain may now require licensing. Specific analysis for each photograph is required.

Are fonts protected by copyright?

Generally no, when used functionally. Most jurisdictions, including Italy, treat fonts as functional rather than artistic. However: the digital files implementing fonts (TTF, OTF) are protected as software; particularly distinctive decorative typefaces may receive copyright as artistic design; and industrial design registration provides separate protection for distinctive typeface designs.

Can I copyright a business idea or method?

No. Business ideas, methods, and models are not protected by copyright. Their specific written expression in a business plan, document, or proposal can be protected, but the underlying business concept is free for anyone to adopt. Patent protection may apply for novel technical business methods in specific jurisdictions; trade secret protection applies to confidential business information.

Are recipes protected by copyright?

The recipe itself (ingredients and basic instructions) is generally not protected — it is a method or procedure. The specific creative expression of a recipe (artistic narrative description, original photography, design layout of a cookbook) can be protected. Trademark protection may apply to distinctive recipe names; trade secret protection may apply to confidential proprietary recipes.

What about the style of a famous painter — can I paint in their style?

Yes. Artistic styles are not protected by copyright. You can paint in the style of any artist, living or dead. However: specific famous paintings remain protected on their specific creative expression; AI-generated content imitating an identifiable artist may trigger personality rights, moral rights, or unfair competition claims; and exhibiting work specifically designed to deceive viewers into thinking it was created by the original artist may raise additional legal issues.

How DANDI supports clients on protection scope and alternatives

DANDI.media supports Italian and international clients on protection scope analysis and alternative IP frameworks:

• Protection scope analysis: identification of what specific content is and is not protected by copyright in your work, with detailed analysis of each element;
• Alternative IP framework selection: structuring of protection strategies combining copyright, trademark, patent, design, trade secret, and contractual protections;
• Trademark strategy: registration of titles, names, slogans, and other commercial identifiers through UIBM (Italy), EUIPO (EU), and international systems;
• Design protection: industrial design registration for products with aesthetic value, including fashion, furniture, consumer products;
• Trade secret protection: structuring of confidential information protection under D.Lgs. 63/2018 with operational confidentiality programmes;
• Public domain verification: jurisdiction-specific analysis for works claimed to be in the public domain, with attention to Italian Law 182/2025 reform;
• AI authorship analysis: assessment of AI-assisted works for copyright protection, structuring of contracts addressing AI-related authorship and originality questions;
• Cross-border protection scope: comparative analysis of what is and is not protected across Italian, EU, US, UK, and other jurisdictions;
• NDA and confidentiality frameworks: drafting and enforcement of contractual confidentiality where statutory IP protection is insufficient;
• Defensive IP strategy: defensive publication, freedom-to-operate analysis, competitive monitoring;
• Disputes and enforcement: pre-litigation negotiation, mediation, arbitration, and litigation across copyright, trademark, design, and trade secret matters.

For an initial consultation on protection scope or alternative IP strategies, book a consultation directly with Avv. Claudia Roggero or Avv. Donato Di Pelino via the booking links on this page.

Resources and useful links

Related guides in the copyright system

Primary legal sources

Dandi Law Firm provides legal assistance in several Practice Areas. Check out our Services or contact Us!