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IRIS 2019-1:1/28 [IT] Competition Authority finds collecting society SIAE abused its dominant position

On 25 September 2018, the Autorità Garante della Concorrenza e del Mercato(Italian Competition Authority - AGCM) condemned the Società Italiana degli Autori ed Editori(Italian Society of Authors and Publishers –SIAE) to pay a symbolic fine of EUR 1 000 for abusing its dominant position in breach of Article 102 TFEU in the markets for (i) the provision of services for the management of copyrights to authors; (ii) the licensing of copyrights to users; and (iii) the provision of services for the management of copyrights on behalf of foreign collecting firms. The AGCM alleges that, since at least 1...

IRIS 2019-1:1/27 [IT] New rules on theatrical windows for Italian movies

On 14 November 2018, the Italian Minister of Cultural Heritage and Activities announced an upcoming Ministerial Decree - which he was about to sign  to be sent to the competent supervisory bodies - adopted pursuant to Law No. 220/2016 (see IRIS 2017-1/23), representing the first law intervention in Italy on theatrical windows. Until now, this matter was ruled in accordance with a well-established and largely respected practice, which the Decree enshrines, basically, into law. Firstly, it is worth highlighting that the scope of the Decree is limited to Italian works and that it does not include...

IRIS 2019-1:1/6 European Commission: Infringement proceedings concerning the transposition of the directive on the use of copyrighted printed material for blind and visually impaired people

On 26 November 2018, the EU Commission initiated proceedings for infringement of the Treaty on the Functioning of the European Union against 17 member states for non-compliance with the Directive requiring the transposition into national law of the Marrakesh Treaty (Directive (EU) 2017/1564) (see IRIS 2017-9/4 and IRIS 2016-9/4). The Marrakesh Treaty is a WIPO-administered convention that was signed on 27 June 2013 and entered into force on 30 September 2016, after the first 20 ratifications. The Treaty facilitates access to print works in formats adapted for persons who are blind, visually impaired...

IRIS 2018-10:1/19 [IT] AGCOM launches public consultation on criteria for converting rights to use the spectrum in the context of the 700 Mhz Band frequencies reframing

As required by Decision (EU) 2017/899, Italy is taking the necessary steps to reallocate the sub-700 MHz Band. In fact, in December 2017, the Italian Parliament passed the 2018 Budget Law, which laid down the legislative framework for the necessary actions to implement Decision (EU) 2017/899 and delegated the Italian Communication Authority (AGCOM) and the Ministry of Economic Development (MISE) to adopt the resolutions establishing the criteria and the modalities for the implementation of this process. This spectrum reallocation process is based on two pillars: on the one hand, the release of...

IRIS 2018-9:1/26 [IT] Roadmap for the release of the 700 Mhz Band frequencies

On 8 August 2018, the Italian Ministry of Economic Development (MISE) issued a decree with a view to defining a timeline for the release of the 700 Mhz Band frequencies. Such a roadmap constitutes a necessary step in the context of the 700 Mhz Band repurposing in accordance with EU law. In fact, as required by Decision (EU) 2017/899, between September and December 2017, Italy executed frequency coordination agreements with several countries, with the purpose of: (a) allowing the relevant countries to make available the 700 MHz Band for telecom mobile services and (b) establishing the frequencies...