Italy: Internet copyright notice and take down regulations consultation

by DLA Piper
Contact

Draft regulations on the protection of copyright on the Internet and media also providing a notice and take down procedure for potential breaches have been published by the Italian communications authority (the AGCOM) and are open now to a 60 days consultation, but raise some questions and concerns.

The regulations come after a call-to-action for online copyright protection that had been launched to the Parliament by the AGCOM. In absence of a response from the Parliament, the AGCOM decided to proceed on its own and published draft regulations which are aimed at finding a compromise between the need to protect rights’ holders and to avoid any kind of censorship. However, the issue is whether this right balance has been achieved in the draft regulations that exclude from their scope downloaders and file sharing programs. The reason of such exclusion is unclear and the concern is that such exclusion will lead to technological developments aimed at creating programs falling in the exclusion.

The draft regulations make reference to take-down measures provided by Italian decree 70/2003 implementing the EU E-Commerce Directive and prescribe a first informal take-down request by the rights’ holder to the manager of the webpage where the breaching material is available. In absence of any removal action by the manager of the webpage within 2/7 days, the rights’ holder can report the case to the AGCOM whose proceeding shall be terminated within 45 days that are reduced to 10 days in case of major breaches that can be clearly identified based on an initial review of the matter.

Companies managing websites can publish their own self-regulations on the procedure to be followed for the initial notification of copyright breaches but the risk is that different sites will adopt different approaches requiring a different level of detail by rights’ holders, a considerable inconsistency and a potential limitation to the enforcement of copyrights.

On the other hand, companies managing websites might be forced to take down potentially breaching material on the basis of mere allegations by rights’ holders. And this risk is even higher taking into account that if the Internet service provider, the uploader and the company managing of the webpage (i.e. the hosting provider) do not comply with the take-down order from the AGCOM within 3 days (reduced to 1 day in case of major breaches) fines up to € 256,000 are applicable. Also if Internet service providers and entities managing webpages take down some material and then the claim from the person declaring to be the rights’ holder appears to be ungrounded a potential liability towards the uploader might arise.

Internet service providers shall appoint an officer in charge of receiving such notifications and shall set out a detailed procedure for this purpose also because of the very short timeframe for actions to be taken and information to be provided as part of the AGCOM’ proceeding. Also, it appears that in relation to foreign entities the enforcement will take place through the removal of the access to the breaching material by the Internet service provider given the difficulty to enforce the measures (and the sanctions) abroad, but the question is whether this measure would be really effective.

Finally, the regulations provide also a cease and desist procedure for media services which is quite interesting as a similar procedure was not previously provided by the regulations.

The consultation will last for 60 days starting from yesterday and given the relevance of the matter it will certainly attract comments from the entire industry.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© DLA Piper | Attorney Advertising

Written by:

DLA Piper
Contact
more
less

DLA Piper on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.