The decree-law transposes Directive (EU) 2019/790 into the internal legal order and introduces amendments to existing laws concerning copyright and related rights. It addresses the reproduction of protected works, emphasising that such reproductions should not be extensive to the extent of prejudicing the interest in the original works. Additionally, it regulates the commercial exploitation and licensing by collective management entities.
The decree-law also establishes the use of mediation and arbitration for resolving disputes related to copyright and related rights. It outlines the limitations on obligations for new providers of online content sharing services, particularly those operating in the EU for less than three years and with an annual turnover below a specified threshold. Furthermore, it emphasises the importance of ensuring a high level of protection for rights holders within the Union, aiming to harmonise and avoid discrepancies between the national realities of each Member State.
The legislation also addresses the use of hyperlinks and the reproduction of works for scientific research purposes, emphasising the need for legal accessibility and proper attribution. The initiative for this directive came from the European Commission in the second half of 2016, as part of a legislative package to implement the Digital Single Market Strategy, adopted in May 2015, with the aim of creating an internal market for digital services and content, following various public consultations, debates and impact studies, which had already been carried out since 2014.
