In my presentation, I will be focusing on the following points: a) The importance of securing fair remuneration for authors and artists, which not only ensures their ability to make a living from their creations and performances but also guarantees the production of new culture for the benefit of society (for enhancing progress and innovation). b) I will provide an overview of the Italian implementation of Articles 18-23 of the CDSM Directive. c) The question of whether copyright contract law alone is sufficient to secure fair remuneration for digital exploitations.

1. Copyright as a vehicle for access to
science and culture: looking ahead
Implementing the right to science and culture:
How to secure a fair remuneration for creators?
Luiss Department of Law
Rome, May 5th, 2023
Deborah De Angelis

2. BULLET POINTS
1. Securing fair remuneration guarantees authors and artists can make a
living from their creations and performances. It ensures producing new
culture for the benefit of the entire society.
2. The Italian implementation of Articles 18-23 CDSM Directive.
3. Is copyright contract law enough to secure fair remuneration for digital
exploitations?
4. Conclusion.

3. Art. 18 CDSM Directive
General principle of fair remuneration
● Authors and performers tend to be in the weaker contractual position.
● They should be able to fully benefit from the rights harmonised under
Union Law (Rec. 72, 75).
● Definition of fair remuneration for online use: appropriate and
proportionate remuneration.
● Freedom for MS to use different mechanism (principle of contractual
freedom, statutory licenses, collective bargaining).

4. Italian implementation of Art. 18 CDSM introduces Art. 107,
par. 2 (Italian Copyright Law n. 633/1941)
Authors, adapters of dialogues, dubbing directors, and performing artists, including dubbing actors,
who license or transfer their exclusive rights for the exploitation of their works or other protected
materials have the right, directly or through collective management organizations and independent
management entities referred to in legislative decree no. 35 of March 15, 2017, to appropriate and
proportionate remuneration for the value of the rights licensed or transferred, as well as
proportional to the revenues generated by their exploitation, also taking into account, where
relevant, the particular nature of the reference sector and the existence of collective bargaining
agreements (Rec. 73), without prejudice to the right to remuneration provided for by other
provisions of law including those referred to in Articles 46-bis and 84. Agreements contrary to the
provisions of this paragraph are null and void.
A lump-sum remuneration for the author or artist is permitted when their contribution to the work
or performance is merely accessory and the costs of the calculation operations are disproportionate
to the purpose (rec. 73.

5. Art. 18 (Art. 107, par. 2)
Appropriate and proportionate remuneration during the negotiation
Art. 19
(Art. 110 quater LdA)
Transparency obligation.
Obligations of information
(no royalty statements).
Art. 20
(Art. 110 quinquies LdA)
Contract adjustment
mechanism.
Long-term contract.
No renegotiation availability.
Effective from June 7, 2021.
Art. 21
(Art. 110 sexies LdA)
Alternative dispute
resolution procedure.
Easy and rapid resolution.
Art. 22
(Art. 110 septies LdA)
Right of revocation (total or
partial). No if right holders
may remedy.
Subject to a formal notice to
comply.
Art. 23 (art. 107, par. 2, art. 114 bis)
Common provisions
● Chapter III do not apply to authors of a computer program.
● No contractual override for Articles 19-21.
Tools to implement the principle of fair remuneration after the negotiation

6. The Public Consultation relative to the Draft
Regulation implementing Articles 18-bis, 46-bis, 80,
84, 110-ter, 110-quater, 110-quinquies, 110-sexies
and 180-ter of the Italian Copyright Law, as
amended by Legislative Decree No. 177 of 8
November 2021
➔ On 6 March 2023, the Italian Communication Authority launched on its website a
public consultation with the aim of further regulating the provisions of the Italian
Copyright Law that were introduced upon implementation of the Copyright Directive by
virtue of Legislative Decree No. 177/2021.
➔ The consultation deadline is today.

7. Art. 18
Appropriate and proportionate remuneration during the negotiation
Art. 19
(Art. 110 quater LdA)
Transparency obligation
Updated, complete and
pertinent information
every six month.
Obligation proportionate
to each sector and role of
the author or artist.
Supervision of Italian
Communication Authority.
The obligation should last 3
years and then under right
holders request.
Art. 20
(Art. 110 quinquies LdA)
Contract adjustment
mechanism
Long-term contract
No renegotiation
availability
Art. 21
(Art. 110 sexies LdA)
Alternative dispute
resolution procedure in
front of Italian
Communication Authority.
Art. 22
(Art. 110 septies LdA)
Right of revocation
In the event of failure to
exploit, the author or artist,
in the case of an exclusive
license or assignment, may
act to terminate even
partially or revoke the
exclusivity of the contract.
Not applicable if
rightholder can put remedy

8. Art. 114 bis LdA
Contractual override and applicable law
Art. 23 CDSM - Any agreement contrary to Articles 110-quater 110-
quinquies and 110-sexies LdA is unenforceable against authors and
artists.
The provisions of Articles 110-quater and 110-quinquies LdA constitute
rules of necessary application under Article 3(4) of EC Regulation No.
593/2008 on the law applicable to contractual obligations (Rome I).

9. CONCLUSIONS
Is Copyright contract law enough to secure fair remuneration for digital
exploitations?
- keeping exclusive rights
- free negotiation
- administrative supervision
- choice of applicable law
To secure fair remuneration is not enough, there is the need of a harmonized
system of identification and metadata and fairness is necessary also when
platforms use algorithms in recommendation systems.

10. FairMuse
(Promoting Fairness of the Music Ecosystem in a Platform-
Dominated and Post-Pandemic Europe)
● Promote fairness for music creators and stakeholders.
● Promote transparency.
● Promote standardized right management information and
metadata.
● Leading to a more transparent, competitive and sustainable music
sector in Europe.
● Contrast the implementation of unfair algorithms.

11. info@ddastudiolegale.it
Thank you for
your attention!
Implementing the right to science and culture: How to secure a fair remuneration for creators? © 2023 by Deborah De Angelis is licensed under