Search results : 416

On 28 December 2017, the final version of the legislative decree implementing the reform of the film review and governing the protection of minors in the audiovisual sector (Legislative Decree No. 203 of 7 December 2017) was published on the Official Journal. An article on the draft of this decree was included in IRIS 2017-10/24. In particular, the decree on the protection of minors introduces some significant provisions. First of all, distributors and producers are now required to classify cinematographic works with a view to balancing freedom of expression and the protection of minors. Depending...

On 28 December 2017, the final version of the legislative decree implementing the reform of the legal framework on cinema and audiovisual services with respect to the promotion of European and Italian works (Legislative Decree No. 204 of 7 December 2017) was published on the Official Journal (the draft of this decree was included in IRIS 2017-10/24). Yet, some significant amendments have been introduced to the relevant provisions, especially with regard to the decree governing the promotion of European works, which provides for a progressive increase of the content and investment quotas. As regards...

On 19 October 2017, the Italian Communication Authority (AGCOM) issued, by resolution No. 396/17/CONS, a new regulation on the collective management of copyright and related rights and the multi-territorial licensing of authors' rights in musical works for online use (“Regulation”). The new regulation has been adopted in accordance with the Legislative Decree No. 35 of 15 March 2017 (“Decree”) that implemented EU Directive 2014/26 on the collective management of copyright (see IRIS 2014-4/4) in Italy. This act aims at regulating the exercise of specific activities by AGCOM, including: the assessment...

On 29 November 2017, the Court of Justice of the European Union (CJEU) delivered its judgement in the case of VCAST Limited v. RTI SpA (Case C-265/16). The Court held that the “private copying exception”, under Article 5(2)(b) of Directive 2001/29/EC (the EU Copyright Directive), does not apply to a company providing a cloud video recording system enabling Internet users to make remote private copies of television programme broadcasts. This was based on the grounds that, prior to the reproduction act in question, an unauthorised act of communication to the public had taken place. The dispute arose...

On 19 October 2017, AGCOM (Italian Communications Authority) ordered the internet service providers under Italian jurisdiction, pursuant to its Regulation on copyright protection online (see IRIS 2014-3:1/31), to disable access to two IPTV servers for massive copyright infringements. The decisions were taken in conclusion of two proceedings deriving from complaints presented on 10 October 2017 by Mediaset Premium S.p.A., whose entire pay-TV offer was systematically made available via content delivery network (CDN) selectors. Access to the pirated service was given upon payment of a fee, which was,...