Online copyright enforcement: The ineffectivity of Italian Communications Authority Measures. A Survey.

 

copymatita

A new study has found that blocking access to torrent and linking sites results in the opposite effect. Instead of driving people towards legal websites and services, many of the blocked sites simply move to other domain names where they enjoy a significant and sustained boost in traffic.

 

Ernesto for TorrentFreak

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Written by - July 9th, 2015 Comments Off on Online copyright enforcement: The ineffectivity of Italian Communications Authority Measures. A Survey.

INTERNATIONAL FESTIVAL OF JOURNALISM, 16TH OF APRIL 2015. TUTORIAL FOR JOURNALISTS RECEIVING LETTERS FOR COPYRIGHT, DEFAMATION OR RIGHT TO OBLIVION INFRINGMENT.

INTERNATIONAL FESTIVAL OF JOURNALISM, 16TH OF APRIL 2015. TUTORIAL FOR JOURNALISTS RECEIVING LETTERS FOR COPYRIGHT, DEFAMATION OR RIGHT TO OBLIVION INFRINGMENT.

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International Festival of Journalism, 16th of April 2015. Perugia.

Tutorial for journalists.

 What to do ( and write ) if you receive a request for cancellation or adjustment based on the right to be forgotten or copyright.

By Me and Bruno Saetta, Blogger and Lawyer.

Here more informations  

http://www.journalismfestival.com/programme/2015/freedom-of-expression-2.0-how-to-defend-oneself-against-libel-claims
Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Written by - April 8th, 2015 Comments Off on INTERNATIONAL FESTIVAL OF JOURNALISM, 16TH OF APRIL 2015. TUTORIAL FOR JOURNALISTS RECEIVING LETTERS FOR COPYRIGHT, DEFAMATION OR RIGHT TO OBLIVION INFRINGMENT.

ITALY’S POSITION ON THE DIGITAL SINGLE MARKET, EXPRESSED FRIDAY MARCH 13, TO THE EUROPEAN COMMISSION.

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Italy has provided  Friday March 13  his contribution   to the definition of  European Digital Strategy.

The Government's position on the digital single market was sent to the European Commission's DG Connect.

The 6-page document is divided into seven sections.

The document covers various aspects,including the broadband connection, the so-called Internet of thing, the digital school, the strengthening of the European Security Agency (ENISA ). 

The most critical point , however, is that of the Copyright , in which Italy appears to assume a position of rearguard.

This is the first of the 7 points.

 

1. Digital market and investments: improving interoperability, fostering e-commerce, harmonizing fiscal policies

A strategic objective of the Union should be to support programmes for infrastructural investments that ensure interoperability of systems and technologies and the development of e-commerce potential, which represents a new frontier for businesses, especially SMEs.

In order to do this, there should be an intervention that provides tools aimed at fostering the creation and establishment of European businesses, overcoming national constraints and optimizing both the infrastructure and the operational methods (inter alia the activities of shipping and delivery). It is crucial to draw a harmonised regulatory framework for the establishment and online registration of companies, also across borders.
We also need to fully harmonise the rules on consumers protection, products guarantee, as well as on taxation, i.e. aligning VAT rates of digital products to the rates of their material correspondents, such as in the case of e-books.

On this regard, for example, the EU should focus on the harmonisation of the platform for VAT payment so as to facilitate access of SMEs to the market.

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Written by - March 19th, 2015 Comments Off on ITALY’S POSITION ON THE DIGITAL SINGLE MARKET, EXPRESSED FRIDAY MARCH 13, TO THE EUROPEAN COMMISSION.

Seminar on Copyright and freedom of expression online. International Journalism festival. Perugia.

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Copyright and freedom of expression online. In remembrance of lost liberty

law&order

  • 14:30 – 15:30   thursday 16/04/2015

Hotel Brufani – Sala Priori


 

By Bruno Saetta and Fulvio Sarzana, lawyers and bloggers.

 

This seminar will address the state of European legislation and national laws on intellectual property, the reform under discussion in the European Parliament, and the impact of these rules on freedom of expression, user-generated content and social curation.

 

http://www.journalismfestival.com/programme/2015/copyright-and-freedom-of-expression-online.-in-remembrance-of-lost-liberty

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Written by - March 8th, 2015 Comments Off on Seminar on Copyright and freedom of expression online. International Journalism festival. Perugia.

On line Copyright Enforcement, Notice and take down and fundamental rights: Landmark case starts in Italy before Constitutional Court.

Corte-Costituzionale

On 11 of February 2015, Italian Constitutional Court starting to review the landmark case regarding the constitutionality of the Italian Communication Authority’s (‘AGCOM’) Regulation on Online Copyright Enforcement.

Consumer’s and small business associations ( Altroconsumo, Movimento di difesa del Cittadino, Assoprovider and Assintel) filed action against this Regulation for violation of civil and fundamental  rights ( freedom of expression and to be informed  and economic initiative), protected by the Italian Constitution, before the Regional Administrative Court of Lazio and then before Constitutional Court.

Associations was assisted before Constitutional Court by Distinguished Professor of Constitutional Law at University of Rome and Writer  Alfonso Celotto  http://it.wikipedia.org/wiki/Alfonso_Celotto, by Former Honorary President of Italian Supreme Court ( Corte di Cassazione) Carlo Sarzana di S.Ippolito, and by Lawyer Fulvio Sarzana di S.Ippolito.

The Regulation, which entered into force on April 1, 2014, empowered AGCOM to enforce online copyright infringement.

The regulation implementing Legislative Decree No 70 of 2003, which transposed in Italy Directive 2000/31/EC on electronic commerce, does not contain any ‘implementing procedure’, as must be established by the Italian Communications Regulatory Authority (AGCOM).

Agcom granted hiself the enforcement power without any previous Parliamentary debate.

Under the Regulation, AGCOM may order access and hosting providers to block access to websites hosting infringing materials or remove allegedly infringing contents after a very short administrative procedure without any previous Judicial review.

Administrative Court poses the question of the constitutionality of Articles 5(1), 14(3), 15(2), and 16(3), Legislative Decree 70/2003 (which transposed in Italy Directive 2000/31/EC on electronic commerce)   and Article 32bis(3), Legislative Decree 177/2005, on the basis of which the AGCOM Regulation was adopted,

Court streesed that:

” Those provisions may infringe on (a) the principles of “statutory reserve” and judicial protection provided in defense of freedom of expression and economic initiative, as well as (b) the criteria of reasonableness and proportionality in the exercise of legislative discretion and (c) the principle of the natural judge, because of the lack of legal guarantees and judicial safeguards for the exercise of freedom of expression online, at least equivalent to those laid down for the press. 

Administrative Court noted that:

“ The “double track,” administrative and judicial, provided for by the European Directives that AGCOM referred to [as a legal basis to enact the “Regulation”], should be construed by taking into consideration the necessity that the limitations to access the Internet in order to protect copyright should be balanced with other rights protected by European law, such as the principle of proportionality.  However, those limitations should be subject to a preliminary judicial review. In any event, it should be considered that the implementation of those Directives in the Italian legal system cannot undermine the protection provided by our Constitution to other potentially conflicting fundamental rights.”

Indeed, AGCOM is allowed to order, through a fast-track procedure which does not give all parties a full hearing, that any content that allegedly infringes copyright be removed from public electronic areas.

Recently, AGCOM has issued an increasing number of orders to online newspapers, Forums, Blogs,  to remove content.

The latest concerns the website Gay.it, point of reference of italian LGBT Community,  which had to remove an article containing a ‘selfie’ (inspired by actress Tilda Swinton) of an Italian photojournalist, holding a rainbow flag, on Red Square in Moscow.

http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+WQ+P-2014-006995+0+DOC+XML+V0//EN

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Written by - March 6th, 2015 Comments Off on On line Copyright Enforcement, Notice and take down and fundamental rights: Landmark case starts in Italy before Constitutional Court.

TOWARDS A NEW LEGISLATION ON INTELLECTUAL PROPERTY IN THE DIGITAL SINGLE MARKET.TUESDAY, 3RD MARCH 2015, EUROPEAN PARLIAMENT.

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Explore the future of copyright  in a digital environment!

 

Learn the Proposal of EU Parliament Rapporteurs on implementation of INFOSOC and IPRED Directive!

 

Know the Modified Exceptions and limitations to copyright in order to achieve a balance of interest!

 

Learn the future of private copiyng in EU digital single market!

 

Should Internet Service providers be Copyright Cops?

 

This conference aims to provide  public with an in-depth analysis of how recent developments in the EU copyright framework .

 

The CJEU’s interpretation of key concepts concerning audiovisual, music and press activities will be presented and the adaptation of EU copyright law to online media technologies will be discussed.

 

copyleft – Locandina the Conference  Program  at the European Parliament ( Bruxelles)  the 3rd of March 2015, on the “new legislation on Intellectual Property in the digital single market” .

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Written by - February 18th, 2015 Comments Off on TOWARDS A NEW LEGISLATION ON INTELLECTUAL PROPERTY IN THE DIGITAL SINGLE MARKET.TUESDAY, 3RD MARCH 2015, EUROPEAN PARLIAMENT.

“Towards a new legislation on Intellectual Property in the digital single market” Bruxelles, European Parliament, Tuesday, 3rd March 2015.

ANNEX 1

Europe of Freedom and Direct Democracy Group EFDD – MoVimento 5 stelle

presents:

Tuesday, 3rd March 2015, from 9:30 to 13:00 a.m.

at the European Parliament (Altiero Spinelli Building – First floor – Room 1E2)

A Conference on:

Towards a new legislation on Intellectual Property in the digital single market.

Proposal for a new framework under INFOSOC and IPRED directives.

Programme:

9:00 Arrival and Registration

9:30 Welcome Speech: Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group MoVimento 5 stelle, Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

Chair: Fulvio Sarzana di S.Ippolito, Lawyer. Sarzana & Partners Law Firm, Rome, Italy

9:45 – 10.05 Towards a Single European Copyright Title? A Conceptual Framework

Marco Ricolfi, Professor of Commercial law University of Turin, Nexa Center for internet and society, Turin, Italy

10:05 – 10:25 New Copyright and the Public Domain

Julia Reda, MEP, Germany, Greens/European Free Alliance Group – Pirate Party, Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive)

10:25 – 10:45 Digital Copyright Levies: Balancing the Authors’ rights with Consumers’ interests

Agustin Reyna, Senior Legal Officer and is leading BEUC’s Digital Team, Brussels, Belgium ANNEX 1

10:45 – 11:05 A new legal framework for limitations and exceptions to copyright

Giuseppe Mazziotti, Professor of Intellectual property Law at Trinity College Dublin, Ireland

11:05 – 11:25 Linking, Embedding & Framing, is that a copyright Infringement?

Marco Scialdone, Lecturer, European University of Rome, Italy

11:25 – 11:45 Balancing the freedom of expression and copyright in the digital Age: A constitutional Approach

Alfonso Celotto, Professor of Constitutional Law, University of Rome 3, Italy

11:45 – 12:05 Intellectual Property enforcement in digital age: The Internet Service Provider point of View

Innocenzo Genna, Head of Copyright Committee at EUROISPA (Pan European association of European Internet Services Providers Associations – ISPAs)

12:05 – 12:25 EU-style Fair Use? EU Copyright and the Introduction of an Open Norm

Eleonora Rosati, Lecturer in Intellectual Property (IP) law at the University of Southampton, UK

12:25 – 13:00 Debate & Conclusions:

Isabella Adinolfi, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Culture and Education (Rapporteur for CULT Committee on the Implementation of InfoSoc Directive)

Laura Ferrara, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Civil Liberties, Justice and Home Affairs & Committee on Legal Affairs

Dario Tamburrano, MEP, Italy, Europe of Freedom and Direct Democracy Group – MoVimento 5 stelle, Committee on Industry, Research and Energy

Julia Reda, MEP, Germany, Greens/European Free Alliance Group – Pirate Party, Committee on Legal Affairs (Rapporteur for JURI Committee on the Implementation of InfoSoc Directive) ANNEX 1

The conference is free upon registration: https://ec.europa.eu/eusurvey/runner/Copyright_03_03_15

For info email: isabella.adinolfi-office@europarl.europa.eu

Languages IT-EN-FR / The Conference will be webstreamed

A cocktail will be provided after the Conference

 

Fulvio Sarzana

www.fulviosarzana.it
Studio Legale Roma Sarzana & Associati
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Written by - February 3rd, 2015 Comments Off on “Towards a new legislation on Intellectual Property in the digital single market” Bruxelles, European Parliament, Tuesday, 3rd March 2015.