1709 Blog: for all the copyright community

Wednesday, 28 March 2012

Online copyright regulation to be adopted in Italy (definitely maybe)

Corrado Calabrò 
A few days ago this Blog reported on the uncertain fate of the online copyright regulation the Italian Communication Authority (AGCOM) has been trying to adopt over the last year and a half.
Last week's hearing of AGCOM President Corrado Calabrò before two commissions of the Italian Senate has left many copyright owners pretty disappointed, in that it seemed that the AGCOM would not adopt any regulation in the immediate future.
Now the scenario appears to have changed. AGCOM may be keen to issue its online copyright regulation before its members are replaced next May. 
In a letter sent to Italian newspaper Corriere della Sera last Saturday, as well as during another hearing at the Senate this morning, Calabrò made it clear that AGCOM has not given up the idea of going ahead with its regulation. 
Antonio Catricalà
However, the Communication Authority is said to be waiting for Mario Monti's Government to say whether AGCOM is actually competent to adopt a general copyright regulation. A member of the Government and former President of the Italian Competition Authority Antonio Catricalà is apparently working on this. What is needed is an interpretation of AGCOM's powers to this end, as resulting from: 
(1) Article 6 of Legislative Decree No 44, 15 March 2010 (by which Italy implemented Directive 2007/65/EC -- the so called Audiovisual Media Services Directive); 
(2) Article 182-bis of the Italian Copyright Act (Law No 633, 22 April 1941); and 
(3) Legislative Decree No 70, 9 April 2003 (by which Italy implemented Directive 2000/31/EC -- the so called Ecommerce Directive).
So now the idea would be to adopt the regulation after Easter break, as reported by Milano Finanza
A copyright regulation to be adopted, Definitely Maybe? This blogger suggests that, rather than the title of the first album by Oasis, it would be better to revert to something more recent in time:
'Cause you're hot then you're cold
You're yes then you're no
You're in then you're out
You're up then you're down 

... To be continued ...

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