The concept of quotation according to the Italian Supreme Court: yet another example of the failure in the harmonization of EU copyright exceptions

Author: Caterina Sganga (Scuola Superiore Sant'Anna)
Published: 28.03.2022
Image by 420494 via Pixabay On 8 February 2022, the Italian Supreme Court (the Corte di Cassazione) issued an order that intervened on the interpretation of the quotation exception under Article 70 of the Italian Copyright Act (l.aut.).[1] While the outcome was foreseeable and great part of its reasoning may be embraced without criticism, the core arguments of the decision largely conflict with the path followed by the CJEU’s most recent case law. In this sense, the case represents yet another evidence of the weak impact of the CJEU’s harmonizing efforts on national copyright flexibilities, and highlights, once again, the…