Legal Definitions - diritto d' autore

Diritto d'autore

The Italian term diritto d'autore translates directly to "author's right." It refers to the legal protection granted to creators of original literary, artistic, scientific, or other intellectual works. This right gives the creator exclusive control over their work, including the ability to reproduce, distribute, perform, display, or adapt it. It also often includes "moral rights," which ensure the creator is always recognized as the author and can object to any distortion or mutilation of their work that could harm their reputation, even if they have sold the economic rights.

Essentially, diritto d'autore is the equivalent of "copyright" in common law systems, but with a strong emphasis on the creator's personal connection to their work, not just its commercial value.

• Example 1: A Photographer's Exhibition

  A photographer spends months traveling and capturing unique images for a new exhibition. Once the photographs are taken, the diritto d'autore immediately applies. This means the photographer has the exclusive right to decide where and how these photos are displayed, reproduced in prints or books, or used commercially. If a gallery wanted to use one of the photos on a promotional poster, they would need the photographer's permission and likely pay a licensing fee. Furthermore, the photographer has the right to ensure their name is always credited alongside their work and can object if a photo is altered in a way that misrepresents their artistic vision.

• Example 2: A Playwright's New Script

  A playwright completes a new theatrical script. Under diritto d'autore, this script is protected as an original literary work. The playwright holds the exclusive right to authorize performances of the play, publish it, or adapt it into a film or musical. If a theater company wishes to stage the play, they must obtain a license from the playwright (or their representative) and pay royalties. The playwright also retains the moral right to be identified as the author of the script for all productions and publications, and can prevent significant alterations to the dialogue or plot that they believe would damage the integrity of their work.

• Example 3: An Architect's Building Design

  An architect designs a unique and innovative building. The blueprints, models, and the final architectural work itself are protected by diritto d'autore. This means the architect has the right to control the reproduction of their designs and the construction of the building based on those designs. If another developer wanted to build an identical structure elsewhere, they would typically need to license the design from the original architect. The architect also has the right to be credited for their design and can object to significant modifications to the building's aesthetic or structural integrity that would compromise their original artistic and functional vision.