‘Agcom and the Svensson Case’, by Silvia Giampaolo, partner with CC&A.
On June 20, 2014, the Italian Communication Regulatory Authority (Agcom) closed the proceedings against the web site: www.risorsedidattiche.net, which is a platform that provides students and teachers with teaching materials.
For the first time, Agcom applied the principles set out by the Court of Justice of the European Union, in case C- 466/12, (Svensson Case).
In its judgment of February 13, 2014, the Court of Justice stated that the owner of a website may, without the authorisation of the copyright holders, redirect internet users, via hyperlinks, to protected works available on a freely accessible basis on another site.
Hence, the Italian Communication Regulatory Authority closed the proceeding, taking account that Article 3(1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, must be interpreted as meaning that the provision on a website of clickable links to works freely available on another website does not constitute an ‘act of communication to the public’, as referred to in that provision.