The violation of law has been ascertained for having pressingly solicited enterprises to conclude licenses at non-negotiated conditions and terms that are disproportionate to the representativeness of the entity.

AGCOM (Italian Communications Authority) upon notification by […] assisted by the GPD Law and Tax Firm, represented by Avvs. Prof. Andrea Gemma, Alessia Salamone and Beatrice Nobili, has issued, following detailed investigations and procedural assessments, Resolution no. 96/24/CONS by which – having clarified the inderogable principles to which collecting societies and users must conform in the negotiation of copyright compensation in the liberalized market – it has ascertained […] violation of Article 22 of Legislative Decree no. 35 of 15 March 2017.

The proceeding initiated by […] concerned the contestation of the activity of pressing and unlawful solicitation of its associated hotel enterprises by […] – following the termination of the contract with SIAE as of 1 July 2022 – aimed at inducing the associates to execute licenses for the use of the repertoire represented by […] at conditions that were never negotiated, unreasonable and disproportionate to the alleged representativeness of the collecting agency.

With the aforementioned resolution, AGCOM has upheld […] requests and has ascertained […] violation of legal obligations, providing that the tariff schedule of the collecting society for hotel structures be determined, following a negotiation conducted between the parties in good faith, in a measure proportional to the actual representativeness of the Entity in the relevant sector.

This is a significant precedent that […] has pursued achieving a considerable result given that – in an important market with growing volumes, stabilizing following liberalization – full implementation is finally given to the ratio of the legislation to bring effectiveness, representativeness, correctness and congruity to the conduct of certain collecting agencies.