On July 13, 2016 the Court of Rome ruled in favor of Reti Televisive Italiane S.p.A. ("RTI") in a case against Gruppo Editoriale L'Espresso S.p.A. ("Espresso"), for the Espresso’s unauthorized publication and reproduction of fragments of an entertainment TV program (whose copyrights belong to RTI) on the website of the Italian newspaper "La Repubblica". La Repubblica and Espresso belong to the same editorial group. Espresso alleged that the reproductions and publications were allowed based on the exceptions and limitations to copyrights for journalistic activities under articles 65 et seq. of the Italian Copyright Law. However, the Court found Espresso liable on the following grounds: (i) Espresso did not fall under the hosting provider protection established in articles 16 and 17 of Legislative Decree 70/2003 (which implemented the E-Commerce Directive 2000/31/EC) because Espresso selected and directly managed the contents to be reproduced and published on its platforms; (ii) the case did not fall within the scope of the exceptions and limitations provided for by the Italian Copyright Law because (a) Espresso's publications and reproductions had an entertainment purpose and they did not relate to economy, politics or religion, and (b) Espresso used the reproductions and publications for economic exploitation and not to exercise journalistic activity (indeed, Espresso sold advertising spaces linked to the reproduced videos). Eventually, the Court ordered Espresso to remove the unauthorized videos from the website, to refrain from reproducing or publishing any further videos whose copyright belongs to RTI, pay RTI EUR 250,000 damages, as well as EUR 1,000 for each future infringement of RTI's rights and for each day of delay in the enforcement of the judgment, and to publish an extract of the judgment on national newspapers. For more information, please contact Raffaele Giarda and Saverio Ligi.