World IP Day “Movie – A Global Passion” / Tackling online piracy

As part of the series of posts dedicated to movies and intellectual property for celebrating the upcoming World IP Day, we blogged about the recent Sky-SIAE case on fair compensation for authors of movies who have assigned their broadcasting rights to producers.

Today we will discuss online piracy in the cinematographic field, which is still stirring a very heated debate in Italy.

As you know, we have been talking in this blog about the recent enforcement of the Regulation on Online Copyright Protection issued by the Italian Communications Authority (AGCOM) which, after a long debate and various consultations, came into force on 31st March 2014 (the “Regulation”).

The purpose of this Regulation is to tackle online piracy through an administrative procedure of notice and take down of potential copyright breaches, carried out by AGCOM. The procedure is in fact very easy to initiate, based on online forms that vary depending upon whether the alleged breach is made through online or other audio-visual media services (radio and TV). There is no heavy burden of proof and communications via email prevail over the cumbersome process of serving notifications. For a wider description of the regulation and procedure, see our previous post and articles.

The Regulation has been welcomed by copyright owners and all those operating in the content and entertainment industry (such as producers and performers), and since it came into force, several procedures have been put before AGCOM.

The first case involving the movie industry which proves the effectiveness of the notice and take down procedure came to a close only two days ago.  AGCOM published the decision N. 41/14/CSP against the website which was making available to the public several movies (such as “Come il Vento”, “Jimmy P”, “Lei” “La bella e la bestia”) in streaming. The notice has been filed by the producers Inthelfilm s.r.l. and FAPAV (Federazione Tutela Contenuti Audiovisivi e Multimediali – a representative of several movie producers such as Eagle Pictures S.p.a., Filmauro S.r.l., Lucky Red S.r.l.).

AGCOM made the necessary controls and concluded that the website, which is hosted in the United States, was making a huge amount of movies available, in breach of the Italian Copyright Law No. 633/1941.

In addition, the majority of the movies under scrutiny were recent productions; some of them still being screened in cinemas.

Therefore, the Authority launched the urgent procedure according to article 9 of the Regulation and informed the website owner of the ongoing procedure.

Following three days of silence by the website owner, AGCOM issued its decision and requested mere conduit ISPs in Italy to disable the access to the website by blocking the DNS within two days.

The website is already disabled from Italy. This is a positive step in the fight against on line piracy in the movie industry.

Don’t miss our next posts on IP and movies!

Topics:  Copyright, Copyright Infringement, EU, Internet, Piracy

Published In: Art, Entertainment & Sports Updates, Civil Remedies Updates, Communications & Media Updates, Intellectual Property Updates, Science, Computers & Technology Updates

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.

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