Chapter Diritto d’autore e libertà di espressione: eccezioni e limitazioni quali user rights?

Abstract

The article examines the conflict between copyright and freedom of expression, focusing on exceptions and limitations that support “user rights”. It explores how, despite copyright is protecting authors and incentivizing creation, some exceptions are necessary to ensure freedom of expression and access to information. In particular, it discusses exceptions allowing the use of works for educational, research, and cultural purposes, proposing a liberal view where such exceptions are not a “necessary evil”, but a safeguard of public interests. The article concludes with a reflection on Fabiani’s theory, treating exceptions as subjective rights, empowering beneficiaries to defend them against infringements.