La responsabilizzazione degli operatori digitali a contrasto del value gap: la direttiva copyright e le scelte dell’Italia

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.