Exchange between collective management organisations and independent management entities with the stakeholders, identified by Article 27, paragraph 2 of Legislative Decree No 35/2017, of information on the works and other protected materials.
Decree of the Minister for Cultural Heritage and Activities on defining the minimum common procedures related to the provision of information electronically by collective management organisations of authors’ rights [Organismi di gestione collettiva dei diritti d'autore: O.G.C.] and related rights and independent management entities [Entità di gestione indipendente: E.G.I.].
The notified provision consists of three articles and a technical annex.
• Article 1 defines the subject and scope of the provision;
• Article 2 identifies the procedures for providing information, doing so, however, without prejudice to different agreements between the parties and, therefore, ensuring the possibility for dialogue, also through freely chosen formats;
• Article 3 regulates the transitional provisions to allow operators to adapt, unless otherwise agreed, to the standards defined in the decree. This article in particular provides for the possibility for the Authority for Communication Guarantees to apply the sanctions laid down in Article 41, paragraph 1 of Legislative Decree No 35/2017 pursuant to the procedures set out in Article 6 of the regulation approved by Resolution 396/17/CONS.
• The technical annex establishes the technical specifications according to which information must be provided by the operators involved in the provision, in particular by making available the necessary information on their own website using XML.
• By way of example, the technical annex proposes two drafting models concerning the information relating to the works represented by the O.G.C. and the E.G.I. and the information concerning the associated rightholders, the territories, and the rights represented.