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Articles introduced by Legislative Decree 177/2021 implementing Directive 2019/790/EU
Article 110-quater
1. The subjects to whom the rights have been licensed or transferred and their assignees have the obligation to provide authors and performing artists, including through collective management bodies and independent management entities referred to in Legislative Decree 15 March 2017 n. 35, at least every six months, updated, relevant and complete information on the exploitation of artistic works and performances, and the remuneration due. In particular:
a) the identity of all parties involved in the transfers or licenses, including secondary users of works and performances who have entered into agreements with the direct contractors of authors and performing artists;
b) the methods of exploitation of the works and artistic performances;
c) the revenues generated by such exploitations, including advertising and merchandising revenues, and the contractually due remuneration, as established in the licensing or transfer of rights agreements;
d) with specific reference to providers of non-linear audiovisual media services, the numbers of purchases, views, subscribers.
2. Compliance with the obligation referred to in paragraph 1 is required in a proportionate and effective manner to ensure a high level of transparency in each sector. The obligation of the subjects who have received the information to respect the confidentiality of the same remains in force, in particular of those that constitute sensitive business data and commercial information, also through the signing of confidentiality agreements.
3. When the transferee or licensee of the rights referred to in paragraph 1 grants the same rights in license to third parties, the authors and performing artists have the right to receive, also through the collective management organizations and independent management entities referred to in Legislative Decree 15 March 2017 n. 35, additional information directly from the sub-licensees, if their first contractual counterpart does not hold all the necessary information. To this end, the first contractual counterpart provides information on the identity of the sub-licensees. For cinematographic and audiovisual works, the request for information may be made by the right holders also indirectly through the contractual counterpart of the author and performing artist.
4. The Communications Regulatory Authority shall monitor compliance with the communication and information obligations referred to in paragraphs 1, 2 and 3 and, in the event of violation of such obligations, shall apply an administrative pecuniary sanction to the defaulting party of up to 1 percent of the turnover achieved in the last financial year ended prior to notification of the dispute. The benefit of the reduced payment provided for by Article 16 of Law No. 689 of 24 November 1981 is excluded for the administrative sanctions referred to in the first period. In any case, failure to communicate the information referred to in paragraphs 1, 2 and 3 constitutes a legal presumption of inadequacy of the compensation in favor of the rights holders.
5. The transparency rules of collective agreements that satisfy the conditions referred to in paragraphs 1, 2 and 3 shall apply to the contracts that are regulated by them.
6. Article 24 of the same decree shall apply to the collective management organisations and independent management entities referred to in Article 2, paragraphs 1 and 2, of Legislative Decree no. 35 of 15 March 2017 with regard to the information obligations referred to in this Article.
7. The provisions of this Article shall apply from 7 June 2022.
Article 110-quinquies
1. Without prejudice to the provisions of collective agreements, authors and performing artists, directly or through the collective management organisations or independent management entities referred to in Legislative Decree no. 35, are entitled to additional, adequate and fair remuneration, from the party with whom they have entered into a contract for the exploitation of the rights or from its successors in title, if the agreed remuneration proves to be disproportionately low compared to the revenues generated over time from the exploitation of their works or artistic performances, considering all possible types of revenues deriving from them.