Resolution No. 95/24/CONS of the Authority for Communications Guarantees (Agcom), by which the new Regulation on information obligations and contractual adjustment for authors and artists, interpreters or performers (AIE), and on the representativeness of collective management bodies, has recently come into force. The measure implements various articles of the Copyright Law (l. 633/1941), following the transposition of the Copyright Directive (EU 2019/790) through Legislative Decree 177/2021, which gave Agcom new specific powers.

The Resolution is part of a complex and constantly evolving regulatory context, and is aimed at ensuring fair competition among operators, improving contractual conditions and information guarantees for authors and artists. The main objective is to ensure greater transparency and fairness in their dealings with publishers.

Regarding contractual transparency specifically, the regulation requires that IEAs be provided with detailed and periodic information on the revenues generated by their works and how they are used. In addition, authors have the right to renegotiate the terms of contracts in the event of significant economic imbalances so that they are not exposed to the disadvantages of agreements made under unfavorable conditions.

Regarding collective rights management, the Regulations establish criteria for determining the representativeness of collective management bodies (collecting societies) in order to identify those authorized to issue collective licenses extended to rights holders not affiliated with any body. A technical annex to the Regulations provides operational guidance for the calculation of representativeness, considering various parameters.

Finally, a dispute resolution mechanism is established, allowing AIEs to appeal to an independent body in case of disagreements with publishers.
Resolution No. 95/24/CONS represents a significant step forward in the protection of authors’ rights in Italy. The Communications Guarantee Authority, through this measure, has demonstrated a strong commitment to promoting transparency and fairness in copyright protection. The new rules will not only improve the contractual conditions of AIEs, but will also contribute to creating a fairer and more competitive market in which the value of creative work is adequately recognized and remunerated.