Copyright, green light with fair compensation for online journalistic content
Publishers of newspapers and sites are entitled to a “fair compensation” for the articles, the photo, the photogallery, I video, I podcast that are conveyed by the giants of the Internet, by search engines, by social networks. More generally they will benefit from greater protection for news and contents that they create every day for their readers. The Council of Ministries has in fact implemented the European directive 2019/790 on “copyright and related rights in the digital single market” through the approval of one of its legislative decree, with some changes after the observations of the parliamentary committees, which was prepared by the undersecretary for the presidency (with responsibility for publishing) Giuseppe Moles.
The scheme provides that online platforms (including social networks), when granting public access to copyrighted works uploaded by their users, have the obligation to obtain aauthorization by the rights holders (among others, online encyclopedias, educational and scientific repertoires, providers of online markets, cloud services are excluded). The legislation introduces a favor of authors and interpreters or performers, classically considered weaker, the principle of remuneration adequate and proportionate to the potential or actual value of the rights granted licensed or transferred.
In summary, the main changes adopted following the implementation of the observations of the parliamentary committees:
– the role of collective management organizations and independent management entities in the use and renegotiation activities relating to the use of the works of its members was enhanced;
– It has also been clarified that the interpreters and performers of phonograms, in the event of the transfer of the right to a producer, have the right to obtain the corresponding fair remuneration, adequate and proportionate, according to specific contractual clauses. In this way we want to guarantee adequate remuneration for artists from the music industry, ensuring that the revenues generated from the exploitation of streaming musical works are not disproportionately distributed;
– It has been foreseen that in some limited cases the remuneration of authors and artists, instead of commensurate with the results deriving from the realization of their works, can be realized in a flat rate;
– The assisted mechanism provided for in cases where the parties encounter difficulties in reaching an agreement for the granting of a license for the exploitation of audiovisual works on video on demand services has been strengthened. In fact, it is envisaged that each of the parties may request the assistance ofAgcom, which provides indications on the appropriate negotiation solutions, also with reference to the determination of the remuneration due;
– It has been established that, in the absence of an agreement between the parties, the amount of the remuneration due is defined by Agcom. Recognition was also given to the dubbing directors, voice actors, dialogue adapters and translators;
– The scope of the exception relating to the extraction of text and data for scientific research purposes has been clarified, providing that research organizations can freely disclose only the results of research, not also the material used in the course of same.