Copyright law: creation suffices, but evidence remains essential

Under Italian law, copyright arises automatically upon the creation of a work. Nevertheless, in the event of a legal dispute, the ability to provide clear and reliable evidence can prove decisive. This article outlines the circumstances in which it may be advisable to register a work, the mechanisms available to establish authorship, and the reasons why, despite the absence of formal requirements under Italian legislation, proactive protection remains a prudent course of action. A comparative analysis with the United States legal framework and a focus on digital registration tools aim to assist companies and creators in making informed decisions on how best to safeguard their intellectual output.

Is copyright acquired automatically?

A widespread assumption among entrepreneurs and creative professionals is that legal protection of a work—whether a logo, text, photograph, or software—requires registration with a designated authority. This assumption does not hold under Italian law. Pursuant to Article 2576 of the Italian Civil Code and Article 6 of the Italian Copyright Law (Law No. 633 of 22 April 1941), copyright protection is granted automatically upon the creation of the work.

This principle applies to all intellectual works that meet the statutory requirement of creativity. No patent application is required; no form needs to be completed. The mere act of creating an original work confers upon the author both moral and economic rights. The Italian system is thus characterized by a non-formalistic approach, designed to acknowledge the intellectual contribution of the author without imposing administrative burdens.

Nonetheless, for a work to be eligible for copyright protection, it must exhibit originality and constitute a concrete expression of creative thought. Mere ideas, insofar as they remain abstract, are not protected by copyright law. A tangible form—such as a drawing, an audio recording, a written text, or a photograph—is required.
For further information regarding the protection of creative works, the law firm Canella Camaiora® provides a dedicated section on Copyright and Authors’ Rights, accessible here: Copyright and Authors’ Rights – Canella Camaiora).

What happens if the work is not registered?

Under the Italian legal system, the acquisition of copyright is not subject to any formality. This principle is clearly stated in Article 6 of the Italian Copyright Law (Law No. 633 of 22 April 1941), which provides that rights belong to the author by virtue of the mere act of creating the work. Consequently, neither registration nor deposit is required in order to obtain legal protection (for further analysis, see: Is there legal protection without registration? or consult the Unfair Competition and Counterfeiting section of our website).

Nonetheless, Italian law does provide certain formal mechanisms that may serve evidentiary purposes. In particular, Article 105 of the same statute refers to the possibility of depositing a copy of the work with a dedicated office established within the Presidency of the Council of Ministers. However, the legislature itself clarifies in Article 106 that failure to complete such formalities does not affect either the acquisition or the exercise of copyright.

This means that a work of authorship is protected from the moment of its creation—provided it is original—and that any deposit serves a purely evidentiary function: it may help establish the date on which the work came into existence in the event of a dispute, but it is not a precondition for the enforceability of rights.

In practical terms, this distinction has significant implications: while the absence of registration does not compromise ownership of the rights, it may hinder the ability to enforce them in court if it becomes necessary to demonstrate the priority of creation. In such cases, the availability of clear and enforceable proof becomes an essential legal safeguard for the author or rights holder.

When is registration advisable, even if not required?

Under Italian copyright law, registration or deposit of a work is not a prerequisite for legal protection. Nonetheless, registering a work or creating third-party-enforceable evidence is often advisable—particularly for those seeking to actively and strategically protect their creative output. Registration strengthens the author’s position at every stage: from the exercise of economic rights to defense against misappropriation, and from commercial exploitation to enhancing the value of the work as a corporate asset.

In contractual contexts, for instance, having reliable proof of authorship facilitates licensing, assignment of rights, or presentation in commercial settings. Registration may be particularly beneficial for startups, creative agencies, and small to medium-sized enterprises that rely on digital content, software projects, or original formats as distinctive components of their business model.

The legal framework changes significantly outside the European Union. In the United States, for example, registration with the U.S. Copyright Office is a necessary condition for enforcing copyright in court. Without registration, it is not possible to claim statutory damages, among other remedies. The U.S. system is more formalistic and requires careful attention—especially for professionals operating in digital or international markets.

In any case, even in Italy, registering a work remains a prudent and effective preventive measure. Tools such as deposit with the Italian Authors’ and Publishers’ Association (SIAE), or the Canella Camaiora® services powered by TrueScreen®, offer fast, certified digital solutions that help prevent delays or post hoc disputes. For those who rely on creative ideas, prevention is the most robust form of protection.