ITALY Trends and Developments Contributed by: Angela Saltarelli, Jacobacci Avvocati
Law No 132/2025 also introduces a specific text and data mining (TDM) exception under Article 70-septies of the Italian Copyright Law, permitting the extraction of data from protected works and databases for AI training purposes. This exception is subject to compli - ance with Articles 70-ter and 70-quarter, as well as to rights holders opt-out mechanisms. Cultural institu - tions, archives and digital repositories must therefore reassess digitisation policies and licensing strategies in light of these provisions, particularly where large- scale data extraction may be involved. The legislation further introduces criminal sanctions in cases involving deep-fake manipulation and unlawful AI-generated content. Closing remarks Italian art law is currently characterised by a dynamic interplay between market modernisation and regula - tory continuity. Recent fiscal reform – most notably the introduction of a uniform 5% VAT rate – reflects a clear policy objective of enhancing competitiveness and repositioning Italy within the European and inter - national art markets. At the same time, the progressive integration of anti-money laundering obligations con - firms that the sector is increasingly embedded within broader compliance frameworks.
These developments coexist with long-standing cul - tural protection mechanisms. Export controls, pre- emption rights and image authorisation requirements continue to shape the legal architecture of transac - tions involving Italian cultural property. The combined effect is a system that seeks to balance market fluidity with public interest safeguards. Parallel evolutions in authenticity litigation, the exten - sion of protection for simple photographs and the regulation of artificial intelligence introduce additional layers of complexity. These areas directly influence valuation, contractual structuring and liability expo - sure, particularly in cross-border transactions. For international collectors, institutions and corporate actors, Italy remains one of the most culturally signifi - cant jurisdictions in the world. However, successful participation in the Italian art market requires early legal planning, robust documentation and a proac - tive approach to regulatory obligations.
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