ItalyLegge sul Diritto d'Autore Artt. 70-ter and 70-quater, Text-and-Data-Mining Exceptions
Legge 22 aprile 1941 n. 633, artt. 70-ter, 70-quater, inserted by Decreto Legislativo 8 novembre 2021, n. 177; art. 70-septies inserted by Legge 23 settembre 2025, n. 132, art. 25
In force since .
A copyright and text and data mining (TDM) rule binding public and private bodies.
- Obligation class
- TDM
- Audit expectation
- none
What it requires
- You may reproduce and extract text and data from lawfully accessible works, databases, or other materials for text-and-data-mining purposes, including through AI models and systems, whether for scientific research (art. 70-ter) or general and commercial use (art. 70-quater/70-septies).
- Honour an express reservation of rights by the rightholder over the works or database used: Article 70-quater's general text and data mining (TDM) permission, which art. 70-septies extends to AI training, does not apply where the rightholder has expressly reserved the use.NIST AI RMFMAP 4.1
- Keep any copy made under Article 70-quater only for as long as needed for text and data mining, and secure it to at least the level Article 70-ter requires.no control in the NIST AI RMF
- Reproducing or extracting text or data in violation of these exceptions, including through an AI system, is a separate criminal offence under Article 171, comma 1, lettera a-ter.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- GAI-RISK-12Value Chain and Component Integration
- MIT mitigations Draft
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- ETSI EN 304 223
- 5.2.4-2.1Minimum record for training data: its source, such as a page URL, and when it was collected.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
Identifiers refer to ETSI EN 304 223 V2.1.1 (2025-12), © ETSI 2025, all rights reserved. ETSI owns the standard; no ETSI text (titles or sentences) is reproduced here. The standard is free to download from ETSI.
Who enforces it
Settledness
A request for a preliminary ruling lodged on (Case C-250/25, Like Company v Google Ireland) asks whether reproduction of lawfully accessible works to train an LLM-based chatbot falls within the text and data mining exception in Article 4 of Directive 2019/790.
- As of
- Open questions
- Does a robots.txt directive or a clause in website terms count as a use 'espressamente riservato' (expressly reserved) by the rightholder under Article 70-quater paragraph 1?
- Does a reservation by the 'titolari delle banche dati' (database owners) bind extraction under Article 70-quater paragraph 1 from a database whose contents belong to other rightholders?
What it makes you log
Log retention
Article 70-quater(2) limits how long copies and extractions may be kept, and Article 70-ter(6) limits research copies to scientific research uses. These are limits on stored copies of works, not on a log.
- As of
- Basis
- Purpose bound
- Prohibits retaining
- Copies and extractions kept longer than the time needed for text and data mining, and research copies used for anything but scientific research
Logging duty
Article 70-ter permits research organizations and cultural heritage institutions to copy works for text and data mining and requires the copies to be stored at an adequate level of security, and Article 70-quater permits mining for other purposes unless the rightholder has reserved its rights. Neither requires a log or record to be kept.
- Kind
- None
- As of
What this law does
Article 70-ter permits reproductions by research organisations and cultural-heritage-protection institutions, for scientific-research purposes, for text-and-data-mining (text and data mining (TDM)) from works or other material in networks or databases to which they have lawful access, and communication to the public of the research's results where expressed in new original works (comma 1); TDM is defined as any automated technique for analysing large quantities of text, sound, images, data or metadata in digital form to generate information, including patterns, trends and correlations (comma 2).
Article 70-quater permits, without prejudice to Article 70-ter, reproductions and extractions from works or other material in networks or databases to which there is lawful access, for TDM purposes generally, including commercial use, unless the rightholders of the copyright, related rights or database right have expressly reserved the use (comma 1); copies made under that article may be kept only as long as needed for the TDM purpose, and must be secured to a level at least equal to that required under Article 70-ter.
Legge 132/2025 (Italy's national AI law), art. 25, inserted Article 70-septies, confirming that reproductions and extractions for TDM through AI models and systems, including generative AI, from lawfully accessible works or database material, are permitted under the same Articles 70-ter and 70-quater conditions, subject to the Berne Convention, effective .
The same law's art. 26(3) added a new criminal offence at Article 171, comma 1, lettera a-ter, punishing reproduction or extraction of text or data from works or material in networks or databases in violation of Articles 70-ter or 70-quater, including through an AI system.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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