By Alessandro Ferrari and Laura Borelli As we approach 2020, changes in the media landscape are accelerating at an unrelenting pace. The way consumers access their entertainment has come a long way from the traditional linear television and evolution is not taking any break. Factors such as AI and new technologies, as well as the expanding internet connectivity and broadband infrastructure will be playing a major role in the definition of the media sector in the upcoming year.
Media & TLC
Il c.d. Decreto Fiscale (Decreto Legge. n. 241/1997 convertito con Legge n. 157/2019) ha introdotto sostanziali novità in tema di appalti. Si tratta di una riforma che richiede immediata attenzione per le conseguenze sanzionatorie in capo a committente e appaltatore nonché modifiche ai contratti in essere e da stipulare e l’adozione di nuove procedure interne. Le nuove norme si applicano infatti a decorrere dal 1 gennaio 2020. Avrà certamente un impatto sui contratti per servizi IT, di outsourcing e in settori con grande impiego di manodopera (ad esempio, il settore della logistica, servizi di manutenzione, ecc.). In particolare, è previsto …
The Italian Communication Authority (AGCOM) recently adopted a regulation on the age rating of audiovisual works on the internet and videogames (the “Regulation”).The new rating system aims at ensuring the right balance between the protection of minors on the one hand, and the freedom of expression and art on the other hand. The Regulation was drafted in compliance with international standards and best practices, such as the most widespread rating systems, among which the PEGI (Pan European Game Information) that is accepted in most European countries.In this article we focus on the new videogame age rating system.
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Publications sharing tips on how to complete videogames and maximise bonuses might increase with the expansion of the eSport competitions. The same applies to platforms streaming videogames alone or together with eSport actions of the various players. Yet are these activities possible without the right holders’ consent?
Under Italian law, videogames are protected as a whole as copyright works like movies, whilst their frames could be protected as simple photographies (with protection lasting 20 years from their publication). Following a different opinion, videogame frames could be excluded from protection, as they may considered similar to documents, as provided by Art. 87, last sentence of the Italian Copyright Law (ICL).
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On 25 January 2019, the Italian Communications Authority (Autorità per le Garanzie nelle Comunicazioni, hereinafter “AGCOM“) published the Resolution 595/18/CONS setting out the new Regulation on programming and investment obligations in favour of European works and works by independent producers (as amended by AGCOM Resolution 24/19/CONS) (hereinafter, “New Regulation“).
The New Regulation – which replaces the previous resolutions concerning the programming and investment quotas, including Resolution 66/09/CONS – was adopted on the basis of the Legislative Decree no. 204/2017, which amended the Consolidated Act on audio-visual media services and empowered AGCOM to set detailed rules applicable to linear and non-linear audio-visual media services providers, as well as to pay-per-view media services providers.
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On 26 June 2018, the Italian Advertising Authority (IAP) took a step further on online advertising and issued one of its first decisions based on the Digital Chart and art. 7 of the Advertising Self-Regulatory Code (the “Code”). The case was about some Instagram Stories and a picture published by the Italian singer Fedez on the occasion of the International Tennis Cup displaying some cars and emphasizing some of their functions, like the massage in the seats.
Influencers and brands have no way out: advertising shall be clearly recognizable as such and this true also with regard to any communication addressed to the netizens. Following FTC and ASA’s guidelines, this topic has been also into the Italian Authorities’ sights lately and several actions have been taken to regulate the phenomenon of influencer marketing.
The latest ePrivacy revision proposal brings relevant changes to the draft regulation and new Governments are joining the Blockchain regulation rush.
Prompted by the increasing interest for the use of cloud outsourcing solutions within the banking industry, the European Banking Authority (“EBA“) has recently issued the final recommendations on the use of cloud service providers by financial institutions (“Recommendations“), which will be applicable as of 1 July 2018.
On 11 April 2018, the European Commission proposed the so called “New Deal for Consumers” to strengthen EU consumer rights and enforcement.
DLA Piper (Roma, Via dei Due Macelli 66, 6 dicembre 2017, ore 11:00) vi invita a partecipare ad una tavola rotonda dedicata all’analisi dei decreti attuativi della Legge n. 220/2016 (“Legge Cinema”) e alle conseguenti opportunità di investimento per la realizzazione di prodotti audiovisivi (inclusi tax credit, contributi automatici, tutela dei minori e delle opere europee). Sarà inoltre dato spazio all’analisi di strutture di finanziamento delle opere cinematografiche e audiovisive.
Follow us (Rome, Via dei Due Macelli 66, 6 December 2017, 11:00 AM) for our roundtable on the Decrees implementing the Italian Law no. 220/2016 (“Cinema Law”) and the related investment opportunities concerning audiovisual works (including tax credit, automatic contribution, protection of minors and European works). We will also analyze the financing structures of audiovisual and theatrical works.
On 2 October 2017, the Italian Council of Ministers approved a new Legislative Decree (“Decree“), aimed at ensuring a wider protection to EU (and Italian) works in the audiovisual media services (“AVMS“) sector. A brief outline of the new provisions is set out below.