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International Law

: Internet Law - Copyright Law

Italy - Draft Decrees on Peer-to-Peer

By Giovanni Maria Riccio

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1) The member of the Senate Mr. Bulgarelli submitted a bill concerning fair use. The bill is based on three main aspects. First of all the bill aims the abolition of the crime committed via peer-to-peer. Second, Mr. Bulgarelli has proposed the modification of article 171-bis, letter a of copyright law. According to the bill it should be necessary in any case a financial benefit, requiring commercial or business purposes, for the ones who commit a crime related to software and computer programs. In fact, the present legislation on copyright does not require this specific purpose, and the crime can be committed also with a mere moral benefit. Furthermore, the bill proposes that private copy rule could cover also digital supports and not exclusively analogical supports.

2) On July 27, 2007 three deputies submitted a bill to the Camera dei Deputati (House of Commons), which aims to modify Italian copyright law. The principal scope of this bill is to decriminalize peer-to-peer. According to this bill, SIAE (Italian Authors and Publisher's Association) should have the exclusive right to authorize any natural person who wants to share peer-to-peer systems for personal purposes and without a financial benefit. This authorization (a sort of collective licence) should be provided by a specific agreement between SIAE and consumers associations. This provision should be contained in article 180-ter Copyright Law.

Full post as published by Internet Law - Copyright Law on November 21, 2007 (boomark / email).