United States of America
Copyright and Related Rights
1. Please explain whether and how Italian law provides protection for works, phonograms and performances from other WTO Members, and whether and how it does so on the basis of national treatment, as required by TRIPS Article 3 (generally, with respect to all copyrights and neighbouring rights) and Article 9.1 (incorporating Berne Article 6.1). In particular, please explain how national treatment is afforded with respect to the distribution of levies for private copying under the relevant provision of the italian copyright law.
Articles 185 189 of Law No. 633/1941 provide the principles regulating the protection of foreign authors, on the basis of the same treatment for the national authors. It should be considered that the ratification of an international agreement or convention implies automatically the inclusion of all the rules of the agreement or convention in the national legislation, without any further requirements. So, the provisions of Article 5.1 of the Berne Convention and Article 3.1 of the TRIPS Agreement are part of the Italian legislation. The same principle applies to the rights of the artists, etc. The right for the remuneration for private copying in favour of the authors and the producers of audiovisual works and of videograms is regulated by Article 3, Law No. 93 of 5 February 1992. The remuneration is fixed on the basis of a percentage of the wholesale price to dealers of blank audio and videotapes or other audio and video carriers (audio cassettes, video cassettes and other carriers) and of audio recording equipments; the remuneration is due by whoever manufactures or imports in the territory of the State, for commercial purposes, blank tapes or other blank audio or video carriers, or audio recording equipments. The remuneration is paid to Società Italiana degli Autori de Editori (SIAE) that will distribute it, net of cost, to the authors and to phonographic producers.