Scientific TDM exception and communication to the public: did Italians do it better ... or at least not worse?

The Italian transposition of the (EU) exception for text and data mining in favour of research organizations and cultural heritage institutions (Article 3 of Directive 2019/790) is of particular interest. At a first glance, it may appear straightforward in following the approach of the Directive, but it actually contains a rather surprising addition: unlike its EU counterpart, the Italian exception also encompasses the communication to the public of research results. All things considered, the Italian solution represents a model - if not of ‘better’ - at least of ‘not worse’ harmonization against the impossibility to fix directly the lack of reference to communication to the public that afflicts the EU regime upstream