ITA: Disegno di Legge N.1721 “Delega al Governo per il recepimento delle direttive europee e l'attuazione di altri atti dell'Unione europea – legge di delegazione europea 2019”
ENG: Draft Law/Bill Nr.1721 of 14 February 2020 “Delegation to the Government for the implementation of EU Directives and other EU acts - European delegation law 2019”
Source: http://www.senato.it/leg/18/BGT/Schede/Ddliter/testi/52774_testi.htm (available only in Italian language)
Update: Senate of the Republic, 2021-04-20: the law has been approved after an amendment by the House. The original wording of article 9 has remained (some amendments were previously passed and then reversed).
Translation of relevant excerpts (by Giulia Priora):
From the original version of the Draft Law as presented on 14 Feb 2020 in the Senate:
*“*Art. 9. **(Principles and guiding criteria for the transposition of Directive (EU) 2019/790)
a) apply the definition of “cultural heritage institution” in the broadest way possible, with the aim to promote access to the cultural goods held by such institutions;
b) discipline the exceptions and limitations related to the text and data mining as from Art.3 Directive (EU) 2019/790, ensuring adequate levels of networks and database security, and defining lawful access and the requirements for the subjects involved;
c) exercise the option set in Art.5(2) Directive (EU) 2019/790, which allows to exclude or limit the application of the exception or limitation ex paragraph (1) of the same Article for specific uses or types of works or other subject matter;
d) establish procedures allowing right holders, who did not authorize any collective rights management organization to represent them, to exclude their works or other subject matter from the licensing mechanism set in Art.8(1) Directive (EU) 2019/790 or from the application of the exception or limitation as from paragraph (2) of the same Article;
e) exercise the option set in Art.8(5) Directive (EU) 2019/790, which allows to establish specific requirements to determine whether a work or other subject matter can be considered out-of-commerce;
f) identify the applicable regulation to the case of a work, which, besides being out-of-commerce ex Art.8 Directive (EU) 2019/790, is also “orphan”, thus subject to the provisions set in Directive 2012/28/UE;
g) in light of Art.10(2) Directive (EU) 2019/790, provide more publicity measures for the right holders than those foreseen by paragraph (1) of the same Article;
h) in light of Art.15 Directive (EU) 2019/790, ensure that, for the online use of press content by information society service providers, adequate protection is granted to press publishers, and the rights of the authors of such content are taken into due consideration;
i) provide definition of “very short extracts”, without jeopardizing the free movement of information;
l) define the amount of adequate share of revenues obtained by press publishers from the online use of press content ex Art.15(5) Directive (EU) 2019/790, which is due to authors, taking into high account the rights of the latter;
m) define the amount of compensation set in Art.16 Directive (EU) 2019/790 due to publishers if the work is used under an exception or limitation, taking into high account the rights of the authors;
n) define the activities set in Art.17(4) Directive (EU) 2019/790, with particular regards to the level of diligence required to meet the criterion of “best efforts”, respecting the principle of reasonableness;