Italian Copyright Law: AGCOM Procedures for Online Infringement

The digital age has multiplied copyright infringements on intellectual works. In Italy, remedies range from traditional lawsuits to alternative dispute resolution (ADR), including a procedure under AGCOM Regulation 680/13/CONS (effective March 31, 2014). This procedure allows rights holders or their licensees, as well as collective management organizations or trade associations, to request the removal of digital works made available online in violation of Law 633/41. AGCOM's website lists its decisions. Many cases involve massive infringements on sites illegally distributing films, music, videogames, magazines, newspapers, or links to live sports streams. These sites are often run by unidentifiable entities using proxy registrations. Typically, applications are filed by associations like FPM, SIAE, AESVI, FAPAV, or FIEG, but individual authors may also apply. Outcomes include voluntary selective removal or, if the site operator cannot be identified, AGCOM may order Italian mere conduit service providers to disable access. AGCOM cannot award damages; only a court can. Advantages of the AGCOM procedure are its simplicity, speed, and low cost, as applicants may act without a lawyer.