INDUSTRIES, MEDIA | AGCOM adopts first decision on equitable remuneration for performers under the Italian Copyright Law

On 5 June 2026, AGCOM published Resolution No. 90/26/CONS (the RASI Resolution), determining the equitable remuneration due to audiovisual artists and performers under Article 84 of the Italian Copyright Law (ICL). The RASI Resolution represents AGCOM’s first application of the procedure set out in Articles 17 to 21 of Resolution No. 95/24/CONS.

The proceedings were initiated by RASI Rete Artisti Spettacolo per l’Innovazione Soc. Coop. (RASI), which asked AGCOM to determine the remuneration due by Sky Italia S.r.l. (SKY) for the use of cinematographic and assimilated audiovisual works included in RASI’s repertoire over the period 2015-2022. In response, SKY maintained that AGCOM’s powers under Article 84 ICL could only be exercised following the entry into force of Legislative Decree No. 177 of 8 November 2021 implementing Directive (EU) 2019/790 on copyright in the Digital Single Market (the Copyright Directive), meaning that any remuneration could only be determined in respect of exploitations occurring from 12 December 2021.

Beyond the specific dispute, the RASI Resolution represents AGCOM’s first interpretation of the principles governing the determination of equitable remunerations where negotiations between collective management organisations and users do not result in an agreement.

In particular, AGCOM clarified that remuneration agreed under lump-sum or blanket licensing arrangements cannot automatically be relied upon in regulatory proceedings. While such agreements remain commercially legitimate, the Authority considered that any determination under Article 84 ICL must be based on objective, transparent and verifiable criteria capable of reflecting the actual economic value of the exploitation.

The Resolution further confirmed that the regime introduced by Legislative Decree No. 177/2021 has no retroactive effect. As a result, AGCOM confined its assessment to exploitations taking place from 12 December 2021 onwards, excluding the earlier period covered by RASI’s application.

Finally, AGCOM clarified the scope of Article 84 ICL with respect to foreign performers, considering that a substantial number of performers represented by RASI are foreign (mainly US performers). According to the Authority, the remuneration right extends to performers involved in works produced or co-produced by Italian producers, works originating in EU Member States or works qualifying for protection under the reciprocity rules set out in Articles 185-189 ICL. Since no reciprocal audiovisual remuneration regime currently exists between Italy and the United States, AGCOM concluded that U.S. performers are not entitled to remuneration under Article 84 ICL. The Authority also found that neither the Geneva Convention, the Beijing Treaty nor the CJEU’s judgment in RAAP (Case C-265/19) supports a broader interpretation.

Newsletter n. 120 – July 2026