Volume 37 (2014) / Issue 1
In line with the most recent EU trends, the Italian collecting management system has just been modernized. However, despite the pro-competitive intent inspiring the new regulation, the final outcome is almost unsatisfactory. In fact, the 2012 law is aimed on one hand at liberalizing the related right management system (only), and on the other hand at shaping the feature on the new market without considering the relevant implications for the copyright management. As a result, the Italian management and intermediation system of copyright and related rights is still looking for a consistent reform. In such perspective, it becomes urgent distinguishing those functions traditionally assigned to single collecting societies that must be dismantled from those tasks that are justifiable under a general interest perspective. In the new environment, the latter rules only shall be confirmed under an exclusive regime, being economically and legally sound to open the others to competition.
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