By Resolution 95/24/cons of 17 April 2024, the Italian Communications Authority (AGCOM) approved the Regulation implementing the rules introduced in the law by the EU Directive 2019/790 (Digital Copyright Directive) obligations to provide information and to adapt contracts for the protection of copyright holders and related rights.
In particular, Art. 110-quater of the Italian copyright law provides that assignees and licensees of rights and their successors in title are obliged to provide authors and performers, at least every six months, with up-to-date, relevant and complete information on the exploitation of the works and artistic performances, and the remuneration due.
On this point, Article 5 of the Regulation clarified that the deadline for providing the information in question may be changed contractually, but may not exceed one year.
Art. 110-quinquies of the Italian copyright law provides, on the other hand, that authors and performers are entitled to an additional, appropriate and fair remuneration if the originally agreed remuneration proves to be disproportionately low compared to the revenues generated over time by the exploitation of their works or artistic performances.
On this matter, Article 6(1) of the Regulation specified that this contractual adjustment mechanism applies only in cases where the author or artist receives a flat-rate remuneration.
