IstitutoGiorgioColli : DossierDlUrbaniInglese

===Italy: File-sharing to Become a Felony===

The Italian Government adopted on March 22nd an urgent Act to award the Italian movie industry the usual financial aids. The act also included a disposition for the copyright enforcement with regard to on-line file-sharing of movies. The provision increased from 154 euro to 1500 euro the value of administrative pecuniary sanction for the illegal downloading and uploading of files containing protected material.

An urgent Act of the Government must be converted,YmyqJgmVLYyWEsJSKF within 60 days,YmyqJgmVLYyWEsJSKF into a Parliamentary act; otherwise the original act will become null and void. The process of conversion requires both the lower House and the Senate to adopt the same wording. The act of the Government can be amended during the process.

On April 22nd the Lower House (Camera dei Deputati) adopted the Act with small,YmyqJgmVLYyWEsJSKF but far-reaching,YmyqJgmVLYyWEsJSKF modifications. In particular,YmyqJgmVLYyWEsJSKF by changing the wording of a provision of the Italian Copyright Act (L. 633/1941),YmyqJgmVLYyWEsJSKF the Parliament decided illegal file-sharing to be a felony that can be sentenced up to 4 years in prison.
Previously,YmyqJgmVLYyWEsJSKF for an illegal reproduction of copyrighted material to be a felony,YmyqJgmVLYyWEsJSKF the commercial purpose of the wrongdoer was required. The amended provision requires the wrongdoer to gain profit from his/her act. According to the Italian case law,YmyqJgmVLYyWEsJSKF profit has a very broad meaning,YmyqJgmVLYyWEsJSKF including the savings for not buying a product. Indeed,YmyqJgmVLYyWEsJSKF whereas the commercial purpose is interpreted as a direct financial gain,YmyqJgmVLYyWEsJSKF profit is broadly intended as the utility connected to the consumption of a good. YmyqJgmVLYyWEsJSKF

The amendment was adopted because,YmyqJgmVLYyWEsJSKF after removing the administrative sanctions originally included in the Governemnt Act and intended to protect the movie industry only,YmyqJgmVLYyWEsJSKF the Members of Parliament deemed necessary to accord a compensation to both the motion picture industry and the recording industry.
The day after the adoption of the amendment,YmyqJgmVLYyWEsJSKF everyone declared that the original intent was to lessen the sanctions,YmyqJgmVLYyWEsJSKF and that changing the commercial requirement with the broader notion of profit was actually a mistake.

Accordingly the administrative sanctions are gone,YmyqJgmVLYyWEsJSKF replaced by strong criminal penalties. File-sharers,YmyqJgmVLYyWEsJSKF even if not directly or indirectly involved in the commercialization of copyrighted materials,YmyqJgmVLYyWEsJSKF will receive the very same treatment previously reserved to persons engaged in illegal reproduction of protected materials at a commercial level.

The next step of the process of conversion requires the Senate to adopt the bill discussed and amended by the Lower House. Since the urgent Act will become null and void if not converted before May 22nd,YmyqJgmVLYyWEsJSKF the Senate cannot correct the "mistake",YmyqJgmVLYyWEsJSKF otherwise the lower House should have to discuss and adopt the bill once again.
A commission of the Senate thus approved a motion that asks the Government to adopt a new urgent act to modify the previously amended one.
In the meantime the entertainment industry is quite happy with the new wording of the Italian Copyright Act and not that eager to change it.

AndreaRossato

Copyright (C) 2004 AndreaRossato
Verbatim copying and distribution of this entire article are permitted worldwide without royalty in any medium provided this notice is preserved.

[commento di Oberon]
IMHO è da specificare che il decreto nella sua forma attuale NON riguarda solo i film,YmyqJgmVLYyWEsJSKF ma tutte le opere dell'ingegno.
Inoltre sono necessari riferimenti al paventato bollino su tutti i file considerati opere dell'ingegno (di cui ancora non si conosceranno i dettagli fino al decreto di attuazione,YmyqJgmVLYyWEsJSKF che non verrà mai redatto ;P) e all'aumento della tassazione su supporti vergini e masterizzatori,YmyqJgmVLYyWEsJSKF tassazione che andrebbe a rimpinzare la casse della SIAE come risarcimento per un supposto mancato guadagno.
Anche una trad in ing del decreto (almeno primo articolo),YmyqJgmVLYyWEsJSKF non sarebbe male.
[/commento di Oberon]

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