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Supporting independent producers - new regulation on secondary rights

May 2011 - Corporate & Commercial . Legal Developments by Portolano Colella Cavallo Studio Legale.

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By Ernesto Apa and Federica De Santis

On February 3 2011 AGCOM, the communications regulator, issued a new regulation on the use of secondary rights acquired by media service providers. Article 44(5) of the Audiovisual Media Services Code(1) seeks to support independent producers by providing that where a broadcaster acquires transmission rights for audiovisual content created by an independent producer, AGCOM must limit the period during which such secondary rights may be exploited. The Secondary Rights Regulation(2) determines the maximum duration of such rights.

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