Area · Copyright & content
Right to remove protected content
It is the right to request the immediate removal of content uploaded online that uses protected works without the rights holder’s authorisation.
Takedown
In everyday language this request is also called a takedown, a term that comes from the US DMCA (Digital Millennium Copyright Act) procedure.
The legal framework
- Law 633/1941 — the Italian copyright law, which protects works of authorship.
- Directive (EU) 2019/790 — the Directive on copyright in the Digital Single Market, which also governs the relationship between rights holders and online content-sharing platforms.
When it applies
When content uploaded online reproduces a protected work without authorisation: for example films, TV series, music or books shared illegally, pirated software, illegal streaming of protected content.
Copyright infringements are among the illegal content that can be notified to platforms through the notice mechanism provided by the DSA: see the right to flag illegal content.
The limits
Not every use of someone else’s work is an infringement: within precise limits, the law allows quoting and reproducing parts of works for criticism, discussion, teaching or research. See the right of quotation and fair use.
The information on this page is for general guidance and is not a substitute for legal advice.