🕘 Timeline

Various: undersecretary Martella pushes for fast implementation of the CDSM directive, France style (2019-12-11, 2020-04-29 at House informal hearing).
2020-02-26: (Separate process) Proposed committee resolution asking freedom of panorama in the House of Deputies. Theoretically binding on the government if approved.
- 2020-04-24: Mentioned in committee meeting, slated for scheduling with other proposed resolutions about culture + COVID-19 matters.
- 2020-04-30: Same, plus merger with some other proposed resolutions on the same topic.
- 2020-05-05: Committee approved the resolution with the passage supporting freedom of panorama and free licenses for the cultural heritage.
2020-03-03: "Delegation law" proposal assigned to Senate. See text.
- Includes proposed principles for the transposition of articles 3, 5, 8, 10, 15, 17, 20 and 22.
- No committee meetings nor hearings have been set yet as of 2020-04-13.
- Context: the "European delegation law" must be proposed by the Government every year by February and covers all the "new" directives approved at the EU, plus infringement procedures against Italy. It sometimes takes more than a year to be approved by Parliament. Then the government writes a number of decrees to change the existing laws; these usually come suddenly and are approved on a fast track procedure established by a general law of 2012.
2020-04-28: Newspaper federations ask speedy implementation of the copyright directive amid speculations about a law change after AGCOM, the communications authority, said it can't shut down Telegram. Telegram groups with hundreds of thousands of members were "voluntarily" closed by their admins after being reported for newspaper piracy.
2020-04-28: "Informal hearing" over videoconference for the TV industry (including Netflix), presumably about directive 2019/789 (bundled in the same law). Materials will be published.
2020-05-05: "Informal hearing" with telecommunication companies.
2020-05-07: "Informal hearing" with ANSO, EMusa, 100autori, ITSRIGHT, AIE.
2020-05-07: Rapporteur Pittella reassures SIAE president Mogol in private talks.
2020-05-12: "Informal hearing" with FIEG, Confindustria digitale, Confindustria cultura Italia, ANICA, APA, FAPAV, AIB (video recording available).
- Undersecretary Agea follows the matter.
- Rapporteur stated the aim to be done "within weeks and certain before the summer recess". Also claimed the directive is not against consumers but against over-the-top and the value gap, hence good for consumers.
- FIEG claims that a previous court ruling established "11 words" as sufficient for copyright protection, "that could be a parameter" for short extracts. Asks for amendment to force Google to disclose revenues as a basis for negotiation.
- Confindustria digitale said: wait for Commission guidelines in 2021; expand art. 3-4 and trust universities with data security per recital 16; avoid mandatory collective licenses, would be against the directives; short extracts should include the title and be flexible per recital 58; "best efforts" per art. 17 should be reasonable efforts; defend young content creators. On the AV directive: avoid mandatory shares of content, support self-regulation code, don't treat individual users as broadcasters. Italy 24th out of 28 in DESI (2019), fight digital divide.
- Confindustria cultura (Cipolletta, Del Giudice): avoid distribution of Italian-language works from other EU countries under different rules; proposes to restrict the definition of cultural heritage institutions; define standard for communication of rights information; delete letter n), avoid transposing article 17 so that "best efforts" and not "reasonable efforts" are required; ask government to be more active in art. 17 stakeholders dialogue; recital 66 requires filters during upload and not after the fact.
- Senator Fedeli argued for "total harmonisation" (emphasis in original) of copyright across EU to defend authors.
- ANICA asked to "clarify" and limit the art. 22 rights, considering that "all audiovisual works" have multiple authors.
- FAPAV: 38 % of Italian citizens are pirates, 6000 jobs lost per year. Need "notice and staydown". Avoid "reasonableness". OTT should be regulated as either publishers or broadcasters otherwise piracy reigns.
- AIB: on art. 3, 4 avoid limitations for type of work, stress on "adequate" licenses; on art. 5, copy levy not justified for university textbooks, whose creation and printing is funded by universities themselves; art. 6 poses no limit on number of copies, but legal deposit needed for born-digital works distributed through subscriptions (beyond directive); suggestions for mandatory exceptions; OOCW definition clear enough, OOCW status should prevail on orphan work status, avoid exclusions, keep reversion rights (from "contratto di edizione") but prevent opt-out after a certain time (similar to usucapione or decadenza) or require a reimbursement of digitisation costs; add cultural heritage professionals' associations in the standing copyright committee; support Wikimedia and Communia on art. 14.
2020-05-14: "Informal hearing" with FNSI, CRUI, SIAE, Wikimedia Italia, Google, Nuovo IMAIE, FIMI, MPAA, AISA, GOIPE, Creative Commons, Hermes, Movimento consumatori, ANAC Autori, Altroconsumo (video).
- FNSI: OTT must pay us. Defend privacy.
- CRUI: facilitate universities with art. 3-6. Allow remote access without compensation, no limits on storage for TDM.
- SIAE: implement the directive fast, or digital revolution will reverse the achievements of the French revolution. Billionaires, give us money. No censorship and Wikipedia is excluded. Adopt art. 17 and 18-23 literally. We can handle the money from extended licenses. The directive is self-executing.
- Wikimedia Italia: https://zenodo.org/record/3827231
- Google: preserve principle of country of origin; we're fighting hate speech with the Commission; distinguish individual creators from broadcasters; avoid general monitoring; 800M distributed to rightsholders. Google sends valuable traffic and has partnerships with favorable revenue sharing for publishers, don't focus on size of extracts because less previews means less traffic for publishers. [Rapporteur: how does ContentID work?] ContentID one of the tools for authors; translate "best efforts" as "migliori sforzi" not "greatest efforts".
- Hermes: consumers are affected, publishers benefit from aggregators; art. reinforces the monopoly and prevents new services; always allow title and URL display; support ANSO on waivability; best efforts must not equal upload filters, which can be abused to prevent usage of exceptions or public domain works like Bach music.
- Nuovo IMAIE: the bigger the platform, the greater the efforts needed; art. 20 should be interpreted as a new exclusive right and must increase payments to rightsholders through CMO.
- FIMI: users are protected by licenses to OCSSP and redress mechanism; transpose the directive literally; efforts must be greatest per recital 66.
- MPAA: recital 61 and art. 18(2) preserve contractual freedom, hence no mandatory licenses, allow to keep exclusivity and geo-blocking; no safe harbor for pirates; successful movies allow future investments.
- AISA: reduce exclusive rights, lower barriers to open science raised by database rights directive and TPM in InfoSoc directive; increase what ECoJ calls user rights.
- GOIPE: legalise file sharing with art. 12 to fix a market failure; reduce the role of middlemen and their surveillance/control devices.
- CC-IT chapter: adoption of broader definition of preservation of cultural heritage exception (type of content used, beneficiaries, type of connected activities, protection against contractual override) and criteria for an ideal scenario for the protection of the public domain (all types of works and subject materials, application in time definition of a work of visual art), https://creativecommons.it/chapterIT/index.php/1124/
- Movimento consumatori: preserve user rights, increase access, involve consumers in the redress mechanism (similar to the existing bank arbitrator, or ADR etc.).
- ANAC: adequate, proportionate, transparent remuneration; mention art. 18, 19; reinforce licenses through SIAE with art. 12; defend the monetary asset values of the library in Pupi Avati's production company; reinforce author rights, public record for cinema, arbitration.
- Altroconsumo: remix culture is a right of expression of citizens, avoid upload filters; for art. define shorts extracts and beginning of the 2-year period to avoid renewals; for art. 17 an out-of-court redress mechanism with participation of consumer representatives, common sense
2020-05-18: Documents and proposals from heard entities published by the Senate.
2020-05-19: "Informal hearing" with Slc-Cgil, Fistel-Cisl, Uilcom-Uil, FPA Fotografi (plus others presumably heard about unrelated directives 2018/2001 and 2019/944).
2020-05-27: The Senate published written observations by those who were heard.
2020-06-08: "Informal hearing" with Assorassegne Stampa, ANAI, ICOM Italia.
- ICOM supports proposals on article 14 by Europeana and Wikimedia.
2020-06-16: Voting starts in the House budget committee on decree 34/2020, including amendment 183.37 on FOP and Creative Commons.
2020-06-23: Original deadline for amendments to the delegation law proposal.
2020-06-25: New deadline for amendments.