On April 23rd 2014, AGCOM issued the first important decision according to the "Regulations on copyright protection on electronic communications networks and implementing procedures according to Legislative Decree April 9th 2003 n . 70 ".
The case in question arises from the reunion of two instances respectively filed by:
- Inthelfilm S.r.l., as owner of the economic exploitation rights of the cinematographic work titled "Come il vento” and
- FAPAV, who is legitimated by BIM Distribution S.r.l., Eagle Pictures S.p.A., Filmauro S.r.l., Lucky Red S.r.l. and Notorious Pictures S.p.A., who are owners of the economic exploitation rights of n. 8598 movies.
The petitioners have complained about the illicit use of the above-‐mentioned works on the website www.cineblog-‐01.net , with the result that the violated rules were identified in Articles 2, paragraph 2, no . 6), 12, 13 , 16 and 78ter, letters a) and d) of Law 633/1941 .
The number of works involved and the fact that such works were recent -‐ in some cases, still showing in the cinemas -‐ pushed the AGCOM’s Media Services Department to consider that the case in question constituted an hypothesis of a serious and massive breach. Therefore, the Department applied the summary proceeding.
Found the diffusion of the works in question on the above-‐mentioned website, the Department sent, on April 15th 2014, the notice of initiation of the proceeding to service providers of information society and to the website’s operator, who have not submitted any deductions.
The Commission, evaluated the situation, has ascertained that:
- the ownership of petinioners, considering deriment, for the purposes of this assessment, the filing, by the above-‐mentioned subjects, of the authorization numbers for the public showing of the movies in question, issued by the Ministry of Assets and Cultural Activities and Tourism, General Direction for the Cinema;
- the illicit reproduction on the aforementioned website of cinematographic works subject of the proceeding;
- are not applicable, to the present case, the copyright exceptions and limitations provided for in Chapter V, Sec . I, of Law 633/1941 .
For these reasons, the Commission, in view of the abroad location of the servers hosting the website www.cineblog-‐01.net, has ordered to “mere conduit” service providers, operating on the territory, to provide, within two days from notification, the disabling of access to the above-‐mentioned website.