Integrità dell'opera nel diritto d'autore: principi, limiti e tutela

This paper examines the scope and limitations of the moral right of integrity under Article 20 of the Italian Copyright Act, combining historical analysis, contemporary legislation, Italian case-law and the interpretive guidelines developed by the Court of Justice of the European Union regarding originality and the “creative message”. Using the Grignani/Pausini dispute as a case study, the article clarifies the structural distinction between economic rights and moral rights, demonstrating that any modification of a musical text requires not only the publisher’s authorisation but also the explicit consent of the author, who remains the sole holder of the work’s expressive integrity. The analysis shows that infringement does not depend on the material extent of the modification, but on its impact on meaning, coherence and the public perception of the author. In an era marked by digital circulation and increasing remixability, the moral right of integrity emerges as a fundamental safeguard to ensure authenticity, transparency and protection of artistic identity.