Italy Adopts New Rules to Safeguard Online Copyright

On December 12, 2013 - after an extensive consultation with stakeholders, including the European Commission - the Italian communications regulatory authority (“AGCOM”) issued the “Regulation on copyright on the electronic communication networks and implementing measures pursuant to Legislative Decree of April 9, 2003 No. 70” (the “Regulation”).

The Regulation will enter into force on March 31, 2014 with the aim of: 1) developing a legal offer of digital works over the Internet; and 2) protecting copyright by means of administrative proceedings before AGCOM. The Regulation applies to infringements committed both over IP and media services networks (its application to online infringements proved more controversial during the consultation phase).

The Regulation is designed to cover commercial and industrial infringements, as downloading or streaming carried out by end-users or applications and direct sharing software programs used by the latter are outside of its scope.