Technological Protection Measures in EC and Italian Copyright Law (Le misure tecnologiche di protezione del diritto d'autore nella normativa italiana e comunitaria)

Abstract

This article provides a comprehensive analysis of the legal protection of technological protection measures used by the rightholders to prevent or restrict unauthorised acts in respects of copyrighted works under the European and Italian legislation.

The focus is therefore on the interpretation of art. 6 of the Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society and on the interpretation of the relevant articles of the Italian law no. 633/1941 as modified by the legislative decree no. 68/2003 that implemented the cited Directive into the Italian national legislation.

The Author particularly deals with the anti-circumvention and anti-device provisions provided by the European and Italian legislation in order to determine their scope and to explain how they can be harmonized with the exceptions and limitation to the exclusive rights.

Note: Downloadable document is in Italian.

Keywords: technological protection measures, copyright, Directive 2001/29/EC, Italian legislation

JEL Classification: K20