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IRIS 2009-6:1/24 [IT] Regulation on the SIAE Sticker

The Italian Copyright Statute Law No 633 of 22 April 1941 (Article 181bis) lays down the mandatory requirement of affixing a distinctive sign bearing the initials of the Italian collecting society Società Italiana degli Autori ed Editori (Society of Authors and Publishers - SIAE) to any medium containing protected works. This operates as an authentication tool and a safeguard enabling legitimate products to be distinguished from pirated goods. In most relevant Italian court rulings (delivered prior to the Schwibbert ruling, see IRIS 2009-1: 15), the absence of the SIAE sign on a given medium has...

IRIS 2009-6:1/23 [IT] Tax Credits Clear Last Hurdle

The new Italian tax credit and tax shelter (See IRIS 2008-9: 15 and IRIS 2009-3: 14) have now become available, after clearing the final government hurdle. On 11 May 2009 the signing of the decrees implementing the financial measures was announced, in accordance with Italian Law no. 133 of 6 August 2008. With these measures the two cinema tax incentives have now become operational. The incentives are expected to pump as much as USD 350 million into the local industry annually and lure foreign productions back to Rome's Cinecitta Studios, where business has been dwindling. The incentives for foreign...

IRIS 2009-6:1/1 European Court of Human Rights: Case of Faccio v. Italy

The European Court of Human Rights has declared inadmissible the application in a case concerning the sealing by the authorities of a television set because a person had not paid his licence fee. In 1999, the applicant, Mr. Faccio, filed a request with the Radiotelevisione italiana (RAI) subscriptions bureau to terminate his subscription to the public television service. On 29 August 2003, the tax police sealed his television set in a nylon bag so that it could no longer be used. Relying on Article 10 (freedom of expression) and Article 8 (right to respect for private and family life) of the...

IRIS 2009-5:1/35 [IT] AGCOM Issues Criteria for the Complete Digitisation of the Terrestrial TV Network

On 7 April 2009, the Italian communications sector regulatory authority Autorità per le Garanzie nelle Comunicazioni (AGCOM) issued criteria for the complete digitisation of the terrestrial TV networks (Delibera n. 181/09/CONS). It was necessary inter alia to issue these criteria as the European Commission had instituted infringement proceedings against Italy in July 2007 for a breach of Directives 2002/20/EC, 2002/21/EC and 2002/77/EC. Taking into consideration the ministerial decree of 10 September 2008 setting out the national timetable for the final transition to digital terrestrial television...

IRIS 2009-3:1/35 [IT] AGCOM Imposes a Quota on the Broadcasting of European Works and on Investments in Works of Independent Producers

In a decision of 13 February 2009 (Delibera n. 66/09/CONS), the Italian communications sector regulatory authority Autorità per le Garanzie nelle Comunicazioni (AGCOM) adopted a quota arrangement that obliges broadcasters to transmit European works and invest in works by independent producers. Based on the relevant provisions of Directive 2007/65/EC on audiovisual media services (now 2010/13/EU, codified version) and following a consultation among interested broadcasting company representatives, the arrangement, which incorporates the basic provisions of Legislative Decree No. 177 on broadcasting...