ItalyLegge sul Diritto d'Autore Art. 43-bis, Press Publisher Neighbouring Right
In force since .
A press publishers' right rule binding private bodies.
What it requires
- Applies to information-society service providers, including media-monitoring and press-review businesses, that use press publishers' journalistic publications online (collections of mainly journalistic works under one title and editorial responsibility; purely scientific or academic periodicals are excluded).
- Obtain the press publisher's authorisation before reproducing or communicating to the public its journalistic publication online (the exclusive rights of LDA Articles 13 and 16).NIST AI RMFMAP 4.1
- You need not obtain it for private or non-commercial use by individual users, hyperlinking, or single words or very short extracts (any portion that does not dispense the reader from consulting the article in full).
- Pay the publisher equitable compensation ('equo compenso') for online use, on the criteria in AGCOM's regulation (among them online consultations of the article, the publisher's market relevance and journalists employed, and both parties' investment costs and benefits).no control in the NIST AI RMF
- If no amount is agreed within thirty days of a request to negotiate, expect either side to ask AGCOM to set it (AGCOM decides within sixty days) and, if there is still no contract, to go to the specialised business-law section of the ordinary courts.
These lines are LexLint's reading of the law's text. Also read by: Autorità per le garanzie nelle comunicazioni (AGCOM) (guidance, recorded ); Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber) (recorded ).
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
- NIST AI 600-1
- GAI-RISK-10Intellectual Property
- MIT mitigations Draft
- 3.2Data Governance
- FINOS AIGF
- AIR-PREV-007Legal and Contractual Frameworks for AI Systems
- AIR-DET-013Providing Citations and Source Traceability for AI-Generated Information
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
Comma 16 applies to the publisher's rights the judicial defences and sanctions of Capo III of Titolo III, whose Section II is the criminal chapter. Article 171-ter, comma 2, letter a) punishes with imprisonment of one to four years and a fine of five to thirty million lire (the amount as printed in the text) whoever unlawfully reproduces, duplicates, transmits or disseminates, sells, or imports more than fifty copies of works protected by copyright and related rights.
Penalty structure
Comma 12 lets AGCOM fine a service provider that does not supply the data needed to set the equo compenso within thirty days of a request, up to one percent of the turnover of the last financial year closed before the notice of the charge; the text does not say worldwide turnover. The criminal fines that comma 16 brings in are stated in lire in the text and are not coded.
- Rule
- Turnover pct only
- As of
- Turnover percentage cap
- 1
Who enforces it
Enforcement body
Autorità per le garanzie nelle comunicazioni (AGCOM), which sets the equo compenso criteria and determines the amount on request when negotiation fails (LDA art. 43-bis, commi 8-10); a party unsatisfied after AGCOM's determination may bring the dispute before the specialised business-law section of the ordinary courts (comma 11).
Settledness
Delibera 3/23/CONS is the regulation AGCOM adopted to set the criteria for the equo compenso under Article 43-bis.
- As of
- Case link
- https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:62023CJ0797
- Guidance link
- https://www.agcom.it/provvedimenti/delibera-3-23-cons
- Case citation
- Case C-797/23 Meta Platforms Ireland Ltd v Autorità per le Garanzie nelle Comunicazioni, judgment of (Grand Chamber)
- Guidance body
- Autorità per le garanzie nelle comunicazioni (AGCOM)
- Open questions
- Does a headline with a snippet that reproduces a news item's key facts fall within the 'estratto molto breve' of comma 7, defined as any portion that 'non dispensi dalla necessità di consultazione dell'articolo giornalistico nella sua integrità'?
- Do the 'equo compenso' of comma 8 and AGCOM's criteria meet the conditions on which Case C-797/23 accepted such national rules, that publishers keep the possibility of refusing authorisation or granting it free of charge and that providers owe no payment unrelated to the use of the publications?
What it reaches
Instrument type
an act of a legislature
Obligation class
Attribution
Applicability criteria
- As of
- Combinator
- All of
- Criteria
- prestatori di servizi della società dell'informazione, comprese le imprese di media monitoring e rassegne stampa (information society service providers, including media monitoring and press review businesses), using press publications online
What this law does
Press publishers, whether acting singly, in association, or as a consortium, hold the exclusive reproduction and communication-to-the-public rights of LDA Articles 13 and 16 over the online use of their journalistic publications by information-society service providers, including media-monitoring and press-review businesses (comma 1).
A journalistic publication is a collection of mainly journalistic literary works, which may include photographs or video, forming a single item of a periodical publication under one title, published under an editor's or press agency's editorial responsibility and control; purely scientific or academic periodicals are excluded (comma 2). The right does not reach private or non-commercial use by individual users, hyperlinking, or the use of single words or very short extracts (comma 6).
A very short extract is defined as any portion of the publication that does not dispense the reader from consulting the article in full (comma 7).
An online service must pay the publisher equitable compensation ("equo compenso") for online use, and AGCOM adopts the regulation setting the criteria for that compensation, weighing factors including the number of online consultations of the article, the publisher's years of activity and market relevance, the number of journalists it employs, both parties' technology and infrastructure investment costs, and both parties' economic benefits from the publication in visibility and advertising revenue (comma 8).
If the parties cannot agree an amount within thirty days of a request to negotiate, either may ask AGCOM to determine the equitable compensation, and AGCOM decides within sixty days based on the same regulatory criteria (commi 9-10). If the parties still do not reach a contract after AGCOM's determination, either may bring the matter before the specialised business-law section of the ordinary courts (comma 11).
The rights lapse two years after publication, counted from 1 January of the year following the date of publication (comma 14). The article does not apply to journalistic publications first published before (comma 15). The decree that inserted the article was published in the Gazzetta Ufficiale of (issue 283). Article 43-bis has been in force since .
When LexLint raises it
When your app profile says your app reuses other publishers' content.
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