COPYRIGHT – The new Annual Market and Competition Law on calculation of fees due to collective management organisations

On 31 December 2023, Law No. 214 of 30 December 2023 – the Italian Annual Market and Competition Law (the “Law”) – entered into force and introduced new rules on the criteria for measuring representativeness in collective management organisations. More specifically, Article 20 of the Law amended Article 180.2.1 of the Italian Copyright Law, by specifying that (a) the intermediary activities of collecting societies are performed by granting licences and authorisations – on behalf of and in the interest of right-holders – for the economic use of protected works “under reasonable economic conditions, proportionate to the economic value of the use of the negotiated rights and the representativeness of each collective management organisation”; and (b) the criteria for determining the representativeness of collective management organisations for each category of intermediated rights shall be defined by AGCOM’s regulation (yet to be enacted).

Newsletter n. 92 – January 2024