The transposition of the transparency obligation pursuant to Article 19 Directive (EU) 790/2019: an Italian perspective

Article 19 Directive (EU) 790/2019 requires Member States to ensure that authors and performers receive, on a regular basis up to date, relevant and comprehensive information on the exploitation of their works and performances, including modes of exploitation, all revenues generated and the remuneration due, from the parties to whom they have licensed or transferred their rights. Although 7 June 2021 was set as the deadline for transposing the Directive into national law, at the time of writing, only 14 Member States have brought into force the provisions necessary to comply with the Directive. In Italy, the Directive was implemented through Legislative Decree no. 177/2021, entered into force on 12 December 2021, which inserted a new Article 110-quater into the Italian Copyright Act (Law no. 633/1941 on the protection of copyright and other rights related to its exercise). This study analyses the new provision, focusing on some innovative positions taken by the Italian legislature.