LEGAL NEWS IN THE SPOTLIGHT | Italian Media Regulator adopts Copyright Regulation

On 15 May 2024, Resolution No. 95/24/CONS (“Copyright Resolution”) and the related “Regulation implementing Articles 18-bis, 46-bis, 80, 84, 110-ter, 110-quater, 110-quinquies, 110-sexies and 180-ter of the Italian Copyright Law, as amended by Legislative Decree No. 177 of 8 November 2021” (“Copyright Regulation”) were published on the website of the Italian Media Regulator (“AGCOM”). The Regulation consolidates and amends the original text of AGCOM’s “Draft Regulation implementing Articles 18-bis, 46-bis, 80, 84, 110-ter, 110-quater, 110-quinquies, 110-sexies and 180-ter of the ICL“, which was published on 6 March 2023 and submitted for public consultation by AGCOM with its Resolution No. 44/23/CONS (see our Newsletter No. 83 – March 2023). The Regulation will come into effect as of 14 June 2024 and regulates in detail certain issues already governed by the Italian Copyright Law (“ICL”). Notably, the Regulation covers the following aspects: (1) AGCOM’s assistance in reaching Video on Demand licensing agreements for the exploitation of audiovisual works (pursuant to Article 110-ter ICL); (2) transparency reporting obligations (pursuant to Article 110-quater ICL); (3) a remuneration adjustment mechanism for authors and performers (pursuant to Article 110-quinquies ICL); (4) criteria for measuring the representativeness of collective management organisations (“CMOs”), aimed at encouraging extended collective licences for rights holders that are not represented by any CMOs (pursuant to Article 180-ter ICL); (5) dispute resolution procedures (pursuant to Article 110-sexies ICL); (6) procedures for defining fair remuneration for authors and performers (pursuant to Articles 18-bis, 46-bis, 80 and 84 ICL).

Newsletter n. 96 – May 2024