COPYRIGHT | AGCOM publishes 2024 list of most representative CMOs and outlines new assessment criteria

On 13 June 2025 AGCOM published its Resolution 142/25/CONS, by means of which it established the most representative collective management organizations (CMOs) in Italy for the year 2024, pursuant to Articles 180 of the Italian Copyright Law and AGCOM Resolution No. 95/24/CONS. In its first representativeness assessment AGCOM used a provisional calculation method based on the CMOs’ average annual revenues in the past three years, drawn from their certified financial statements. Starting from 2025, the representativeness assessment will be calculated using actual usage data. These assessments serve a dual purpose: they identify the CMOs eligible to grant extended collective licenses with effect on non-affiliated rightsholders (so-called “apolidi”), and they also function as a general benchmark to assist users in negotiating licensing terms. Indeed, providing an objective measure of CMO’s market share supports transparency and reduces information asymmetries between CMOs and users. That said, due to the provisional calculation method used for 2024, AGCOM emphasized that these results are merely indicative and that it will monitor against potential distortions in their application.

Newsletter n. 108 – June 2025