Public Domain Under Italian and European Copyright Law: When Works Become Free to Use

Once a work’s copyright protection expires, it enters the public domain — meaning it can be reproduced, distributed, modified, and used commercially without authorisation from the original author or heirs. For producers, publishers, museums, educators, and creators building on existing works, public domain status is a critical analytical step. But the rules are more nuanced than the often-cited “70 years after the author’s death” formula suggests: different work categories have different rules, cultural heritage restrictions can persist beyond copyright, and moral rights remain enforceable in perpetuity even after economic rights expire.

This guide explains the Italian and EU framework. For the broader copyright system, see our master pillar guide to copyright law in Italy and Europe. For copyright duration considerations in cinema, see our copyright duration and pre-existing works guide.

The general rule: 70 years post mortem

Under Article 25 of the Italian Copyright Act (LDA), economic rights in a work last for the life of the author plus 70 years after their death (post mortem auctoris, p.m.a.). This harmonised rule applies across the EU under Directive 2006/116/EC, transposed in Italy through successive amendments to the LDA.

The 70-year clock begins on 1 January of the year following the author’s death. So an author who died in 2025 will see their works enter public domain on 1 January 2096.

For works of multiple authors, the term runs from 1 January following the death of the last surviving co-author (Article 26 LDA). Collective works calculated separately under Article 27 LDA.

Special rules by work category

Italian and EU law apply specialised duration rules to specific work categories:

• Anonymous and pseudonymous works (Article 27 LDA): 70 years from first publication, unless the author’s identity is revealed (then standard rule applies);
• Cinematographic works (Article 32 LDA): 70 years from the death of the last surviving among the four statutory co-authors under Article 44 LDA (director, screenwriter, composer of original music, author of subject);
• Phonograms (sound recordings) (Article 75 LDA): 70 years from publication of the phonogram (extended from 50 years by Directive 2011/77/EU);
• Performances (Article 85 LDA): 50 or 70 years from performance/recording depending on category;
• Photographic works (Article 32-bis LDA, with reference to Article 2(7)): 70 years from author’s death (same as general rule);
• Simple photographs (Articles 87-92 LDA): 70 years from creation, under Law 182/2025 which extended the previous 20-year term;
• Broadcasts: 50 years from first transmission;
• Computer programs and databases: same as general rule (70 years p.m.a.) for the author; specific sui generis database rights under Article 102-bis LDA.

Cinematographic works

Cinematographic works deserve specific attention because their duration depends on the last surviving co-author under the Article 44 LDA framework. The four statutory co-authors are: director, screenwriter, composer of original music, and author of the subject. The 70-year clock starts only after the death of the longest-lived among them.

For Italian classic cinema, this often means that famous films remain under copyright far longer than the year-of-release suggests:

• A film from 1950 where a co-author lived until 2010 will not enter public domain until 2081;
• Underlying music, screenplay, or source novel may have separate copyright durations that further extend the rights situation;
• Pre-existing music licensed for the soundtrack remains under its own duration.

For comprehensive analysis of cinematic copyright structure, see our copyrightable elements in film guide.

Photographs

The Italian framework distinguishes two categories of photographs with different durations:

• Photographic works (opere fotografiche): photographs reflecting the photographer’s creative choices qualify under Article 2(7) and receive the general 70-year p.m.a. protection;
• Simple photographs (fotografie semplici): photographs documenting persons, objects, or nature without creative threshold receive 70-year protection from creation under Law 182/2025 (extended from the previous 20-year rule).

The 2025 reform meaningfully expanded the protection of historical photography in Italy. Photographs from the 1960s onwards that would have entered public domain under the old 20-year rule may now remain protected for substantially longer periods. For productions using historical photography, this requires updated clearance analysis. See our preventing image theft guide for the photography framework.

Cultural heritage and public domain

A critical Italian-specific consideration: works in the copyright public domain may still be subject to cultural heritage restrictions under D.Lgs. 42/2004 (Italian Cultural Heritage Code).

For works held in state collections, classified as cultural heritage, or held in archaeological sites and museums:

• Commercial reproduction may require authorisation from the relevant Soprintendenza (Cultural Heritage Authority);
• Authorisation may require payment of fees, even where the work is centuries old and clearly out of copyright;
• Non-commercial use is generally permitted with formal notification or registration;
• The cultural heritage framework applies independently of copyright duration.

This means an Italian Renaissance painting (clearly out of copyright) held in a state museum may still require Soprintendenza authorisation for commercial reproduction.

Moral rights and the perpetual layer

Even after a work’s economic rights expire and the work enters public domain, moral rights remain enforceable in perpetuity. Under Italian Articles 20-24 LDA:

• The right of paternity (attribution) and integrity remain perpetual after the author’s death;
• Heirs under Article 23 LDA can enforce these rights indefinitely (spouse, children, then parents/descendants, then siblings and their descendants);
• The Italian government can enforce moral rights of cultural heritage interest under Article 23 paragraph 2 LDA.

For public domain works, this means:

• Commercial reproduction is permitted (economic rights expired);
• But attribution to the original author must be maintained (paternity right);
• Modifications that distort or mutilate the work, prejudicing the author’s honour or reputation, remain prohibited (integrity right);
• AI generation in the style of public domain authors must still respect paternity and integrity considerations.

For analysis of heirs’ moral rights, see our Roald Dahl heirs case study.

Practical implications

Public domain works are valuable for:

• Audiovisual production: free use of classic literature, music, and visual works as source material or background;
• Adaptations: free adaptation of public domain literature (with attention to translation copyright, which has its own duration);
• Documentary and educational content: free use of historical materials;
• Cultural and museum institutions: digital reproduction and exhibition of collections;
• AI training: public domain works are generally available for AI training without opt-out concerns (though cultural heritage restrictions may apply).

Practical steps for public domain analysis:

1. Identify all authors and contributors to the work;
2. Verify dates of death;
3. Apply the relevant category-specific duration rule;
4. Check for cultural heritage classification (D.Lgs. 42/2004);
5. Consider moral rights of paternity and integrity;
6. Verify duration of derivative elements (translations, adaptations, restorations).

How DANDI supports clients

DANDI.media supports producers, publishers, museums, and creators on public domain analysis and use:

• Public domain status verification for specific works;
• Soprintendenza authorisations for cultural heritage reproduction;
• Moral rights clearance for public domain adaptations;
• AI training and use of public domain materials;
• Cross-jurisdictional duration analysis for international productions.

For consultation, book directly with Avv. Claudia Roggero or Avv. Donato Di Pelino.

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