La responsabilizzazione degli operatori digitali a contrasto del value gap: la direttiva copyright e le scelte dell’Italia
Author(s)
Giusti, Maria
Date Issued
2022
Type
article
Issue
1
Start Page
366
End Page
399
Abstract
The article analyzes the most debated provisions of the copyright directive and the
choices taken in Italy through the Legislative Decree no. 177 of 2021. The innovations
aim to reduce the gap value, i.e., the difference between the value that digital
operators obtain from exploiting protected content and the revenues transferred to
the rights holders. Based on this goal, the European legislator established a new,
complex balance between rights and interests whose ‘natural’ conflicts have been
exacerbated by the technological evolution: those of authors, artists, and other right
holders to an adequate remuneration for the digital exploitation of their content, on
the one hand, and the freedoms of expression online and to conduct a business, on
the other. The contribution analyses how the innovations came about, who are the
actors and the interests involved, and the balances achieved. Finally, it highlights
the strengths and weaknesses of the new legislation and the challenges of the future.
The issues that arise are broad and open up multiple areas of study, involving
different branches of law and intertwining one another.