Protection and regulation of the copyright

Where
Italy
When
2016
Who
AGCOM
University and Research Ministry
Cultural Heritage and Activities and Tourism Ministry
Key objectives of the measure:

The protection and regulation of the intellectual property is foundamental to sustain the creativity. Several institutions develop this objective.

AGCOM is the authority for the guarantee of the communications. The objectives of the AGCOM regulation are online: protection of author's copyright and rights committed on electronic communication networks represent a significant step towards reducing the extent of social, cultural and economic consequences caused by piracy. The main aim of the procedure is to hit mass hacking, to promptly intervene into the illegal platforms whose main purpose is to provide or facilitate the unauthorized acquisition or distribution (directly or through links) to works protected. AGCOM does not replace the judicial authority but, by virtue of the its tasks conferred by law, adopts the administrative measures, which allow stemming and stopping the violations to copyrights contracts on the web. The proceeding of AGCOM may not be initiated or should be stopped if it is brought before a judicial authority.

Legislation: Regulation of the copyright's protection on electronic communications networks/n. 680/13/CONS del 12 December 2013, adopted since march 2014.

Another example of copyright promotion is the I.P. EDUCATIONAL PROJECT. The key objectives of this measure, carried out by MIUR, wants to foster the intellectual property culture. The aim is to transfer it to the new generations with the help of teachers, didactic initiatives and programs.

"Creating creativity project" adopted by the Libraries General Directorate of MIBACT witch aim is to register the cultural works at international level, collaborating with the OMPI in Geneva. There has been stablished a "creating creativity award  2012-15" named to young up 16,  in order to encourage them to the cultural -works creation and to the intellectual property culture.

Scope of the measure:
National
Nature of the measure:
regulatory, institutional
Main feature of the measure:

In the case of AGCOM, the Regulation provides the activation of a procedure, within the internet platform, which allows the removal of digital works disseminated illegally or used in violation of copyright and disables the access to the web pages. The procedure is for each "digital work" or parts of it covered by copyright or related rights such as music, films, audiovisual works, books, photographs that are spreading over the network without the permissions and licenses of right holders or in violation of Law in Copyright. The procedure will start only on application or AGCOM alert issued by the right holder or by the collecting or trade associations representing the injured party. The message of reclaim can only be sent online through certified mail and filling out the detailed form available on the website www.ddaonline.

  • The procedure does not affect the end users who benefit from digital works for downloading or streaming mode and does not address the sharing programs between users of digital works via electronic communications networks. The procedure involves instead the service providers (i.e. access providers to the internet or hosting service providers) called to cooperate to end the unlawful and recipients of the Authority's actions.
  • In the other ones, the measure wants to disseminate the intellectual property concept through several initiatives that would promote and value the creativity and the safeguarding of conception, as the inventive step is a fundamental value of society’s development. Along with this, the aim is to fight against the counterfeiting and the counterfeit market.
Results expected through the implementation of the measure:

AGCOM: This regulation governs the activities of the Authority for the protection of copyright on electronic communications networks. In particular, the regulation aims to promote the development of legal digital works and education for proper use of such procedures and shall include the establishment and the cessation of the infringements of copyright and related rights. In carrying out the activities, the Authority and its regulation are committed to the rights and freedom of communication, of expression, of the press, of comment, criticism and discussion, as well as exceptions and limitations provided by Law on Copyright. Especially, the Authority protects the rights of freedom in the use of means of electronic communications and the right on economic initiative in compliance with the guarantees with the European Convention on Human Rights, the Charter of the fundamental rights of the European Union.

Others: Results link with the training and awareness raising of young people on the intellectual property issues. It is expected the promotion of creativity.

Financial resources allocated to implement the measure:

Yes

Goal(s) of UNESCO's 2005 Convention
Cultural Domain(s)
Multi-domain
Cultural Value Chain
Creation
Production
Distribution