Tag: Copyright Directive

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Copyright Directive: Italy’s Transposition is Not So Creative and Original
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A [Temporary] Defeat For Copyright At The European Parliament

Copyright Directive: Italy’s Transposition is Not So Creative and Original

Italian transposition of the Copyright Directive (as defined below) introduces some interesting additions within the free uses regulation, but it might not represent the relevant breakthrough for the press industry that its minor players, as well as the EU legislator, wished for.

BACKGROUND

On 26 March 2019, the European Parliament approved EU Directive 2019/790 of the European Parliament and of the Council of 17 April 2019, on copyright and related rights in the Digital Single Market (the Copyright Directive), which member states were expected to transpose by June 2021 at the latest. Whilst some member states complied with the deadline, Italy only issued its transposition through Legislative Decree 177/2021 on 12 December 2021 (the Legislative Decree) and amended the existing Law No. 633/1941 on copyright and related rights (the Italian Copyright Law).

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A [Temporary] Defeat For Copyright At The European Parliament

It was one of those big dramatic days the European Parliament had already seen before. A YES or NO vote in Plenary charged with huge political and social pressure. And, as it is common in these occasions, Members of Parliament were called to vote not about what the text submitted to them actually and literally said (a balanced result of two years of debates, legal analysis and delicate negotiations);  but about the catastrophic consequences that a positive vote would have for freedom of speech around the planet.

Internet and all its benefits were threatened if this infamous article 13 of the new Copyright Directive were to pass in its proposed text. Or so pretended the loud voices against it: “If Article13 passes it will change the way that the Internet works, from free and creative sharing to one where anything can be instantly removed, by computers”, said a powerful lobbying NGO. Both battling armies looked for external support: Wikipedia closed down its Italian and Spanish editions; Sir Paul McCartney wrote to the legislators in support of the new rules.

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