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Legislation

AGCOM Regulations regarding Online Copyright Enforcement, 680/13/CONS

Vesting the Italian Communication Authority (AGCOM) with new administrative copyright enforcement powers; copyright enforcement would be done through administrative procedures which would not target direct infringers but rather Internet Service Providers (ISPs). For a summary in English, see CIS blog post 1; see also CIS blog post 2, 3
Legislation

Legislative Decree N. 140 Implementing Directive 2004/48/EC

implementing Article 11 of the Enforcement Directive in the following terms: (1) amending Article 156 of the Italian Copyright Law as follows: "who has reason to fear the violation of an economic right to which he is entitled by virtue of this law, or intends to prevent the continuation or repetition of the violation has already occurred both on the part of a direct infringer and an intermediary whose services are used for such a violation may take legal action to ensure that its legal right is established and the continuation of the infringement prohibited; uttering the injunction, the court may fix a sum due to any breach or non-observance subsequently recorded or for any delay in the execution of the measure" (2) amending Article 163(1) of the Italian Copyright Law as follows: "The holder of an economic right may...
Legislation

Legislative Decree N. 68 Implementing Directive 2001/29/EC

(1) including a new Article 68bis in the Italian Copyright law stating that "except as provided by the E-Commerce Directive regarding liability of intermediaries, acts of temporary reproduction devoid of economic significance that are transient or incidental and an integral and essential part of a technological process, whose sole purpose is to enable a transmission in a network between third parties by an intermediary, or a lawful use of a work or other materials, are exempted from the reproduction right." (2) The Legislative Deecree did not include a specific implementation of Article 8(3) of the InfoSoc Directive.
Legislation

Law N. 633 on the Protection of Copyright and Neighboring Rights [English Version]

Providing that (1) the acts of temporary reproduction devoid of economic significance which are transient or incidental and an integral and essential part of a technological process and whose sole purpose is to enable a transmission in a network between third parties by an intermediary, are exempted from the reproduction right (Art. 68-bis); (2) who has reason to fear the violation of an economic right to which he is entitled by virtue of this law, or intends to prevent the continuation or repetition of the violation has already occurred both on the part of a direct infringer and an intermediary whose services are used for such a violation may take legal action to ensure that its legal right is established and the continuation of the infringement prohibited; uttering the injunction, the court may fix a sum due to any...
Legislation

Copyright Act of 2001

(1) Section 26 describes the nature of copyright in literary, audio-visual and musical or artistic works. It provides for the exclusive right of copyright holder to control reproduction and distribution of their works to the public; (2) Section 35 defines and describes what constitutes copyright infringement and imposes criminal liability for distribution or making available to the public protected works without a license; (3) Section 38 lists the offences and penalties for copyright infringement including the making and distribution of protected works without a license. (4) Neither the Copyright Act nor other legislation imposes specific penalties on service providers for failing to block or remove infringing content. However, the continued existence of copyright material on a website, can be construed as a continuing...