Sullo stato dell’arte della tutela della proprietà intellettuale in internet (e gli interessi oggetto di protezione) a seguito del recepimento della Direttiva copyright

Abstract

The advent of internet has led to the revival of abolizionist positions in the name of an absolute freedom of web. The significance of the impact of this new technology (on the media front) is comparable to the invention of printing. Thus it appears necessary to question the survival capacity of the protection structure of the authorial discipline which is based on the presence of a tripartite division of interests (author, publisher, consumers). After an analysis of the techniques that have developed (digital rights management, administrative enforcement, liability regime of the internet service provider), the investigation focuses on the most discussed provisions of copyright directive n. 790/2019 and transposition implemented by d.lgs. 8 november 2021 n. 177. A tendency emerges aimed at a reinforcement (albeit with some compromise solution) of the authorial discipline and based on the primary need to protect enterprise interests (and so, rightholders), on which, however, it seems premature to believe that there is a consolidate state.