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Italy to transpose the Directive on copyrights: stronger competition between collective organizations is upcoming

  • 20/02/2017

Directive 2014/26/EU aims at harmonizing the management of copyrights, so as to guarantee more efficiency and transparency by collective management organizations towards their members, also by introducing a higher liberalization.

Article 5 of the Directive provides that a right-holder may authorize a collective management organization of their choice to manage their own rights, irrespective of the Member State of nationality, residence or establishment of either the collective management organization or the right-holder.

Such provision is hardly compatible with the exclusive management of copyrights accorded by article 180 of Law 633/1941 to the SIAE (Italian Society of Authors and Publishers).

The draft of the Legislative Decree, transposing the said Directive, has obtained on 10th February the approving opinion of the Committee for Education and Cultural Properties of the Senate.

Once approved, the Decree will not affect the monopoly of the management of copyrights within the national territory, but will allow a right-holder to address a different collective management organization, when the works are executed or copied abroad.

Therefore, if not in the national territory, at least in Europe, a higher freedom of choice for the protection of one’s rights will be guaranteed.

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