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Gilberto Cavagna di Gualdana of Andersen explores the regulation on the mandatory payment of a private copying levy in Italy.
The regulation on the compensations for the private reproduction for personal use of private copy was introduced in Italy by law no. 93 on February 5, 1992. The law provided for the first time an exception to the exclusive reproduction rights granted to authors, artists and producers, pursuant to the 1941 Italian Copyright Act (law no. 633).
According to this exception, the individual end-user can legally reproduce, for personal use only, “videograms and phonograms” (ie, make a private copy) on the condition that the rights owners are paid a remuneration.
This regulation was successively amended by legislative decree no. 68 in April 2003 (LD 68/2003), which implements the Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society and of its related instruments which partially modifies the rules on “private copy”.
Andersen, private copying levy, copyright, CJEU, infringement, royalties, SIAE, Italian Copyright Act, rights owners