itasky
May 20th, 2004, 01:29 PM
"Conversion in law, with modifications, of the decree-law 22 March 2004, n. 72, bringing participations in order to contrast the spread illicit data transmission of audiovisual material audiovisual and to support of the cinematographic activities and show "
(Text approved in definitive way from the Senate of the Republic 18 May 2004, not still published in the Official Gazette)
"Art. 1. - (Measures of contrast to the spread illicit data transmission of protected works). - 1. To the aim to promote the spread to the public and the fruizione for via data transmission of the protected works and repressing the violations of the copyright, the breaking in in a system of nets data transmissions of a protected work, or portion of it, is equipped from a suitable warning of the consequences and obligations deriving from the norm on the copyright and the connected rights. The communication, of adapted visibility, also contains the indication of the previewed endorsements, for the specific violations, from law 22 opens them 1941, n. 633, and successive modifications. The relative technical modalities and the subjects obligate are defined with Prime Minister's decree of the ministers, concert with the Minister of the communications, on the base of agreements between the Italian Authors and Publishers Association (SIAE) and the associations of the interested categories. Until the such decree adoption, the warning must have however characteristic such to concur of the immediate visualization. They are made knows articles to you 71-sexies, 71-septies and 174-ter of law 22 you open them 1941, n. 633, and successive modifications, nonchè previewed how much from the 5 law February 1992, n. 93, and successive modifications.
2. To codicil 1 of article 171-ter of law 22 April 1941, N ° 633, and following changes, words: “ with the purpose of the lucre“ are replaced with the following: “to receive a profit“.
3. To codicil 2 of article 171-ter of law 22 April 1941, N ° 633, and following changes, after the letter a) it is included the following:
“ a bis) in infringement of arti. 16 in order to receive a profit, transmit to the public throug a system of telecommunication networks, by means of communications of any sort, protected works from the right of the author, or its part; “
__________________________________________________ ____________________
Article 171-ter of law 22 April 1941, N ° 633 (modified as above)
1. Is punished, if the fact is accomplished not by personal use*, with jail form six months to three years and with the penalty from five to thirty millions lires [read 2.500 to 15.000 euro] anyone who in order to receive a profit**:
a) Illegally copies, reproduces, transfers or distributes in public with any process, as a whole or in part, a protected product intended for the television, cinema, sales or chartering, disks, a tape either similar supports or each other containing supportl, cinema or audiovisual products or sequence of images in movement;
2.. Is punished with jail from one to four years and the penalty from five to thirty millions lires [read 2.500 to 15.000 euro] anyone who:
a) Reproduces, copies, transfers or distributes illegally, sells or places in trade, recedes in any title, illegally sixty copies of products protected by the rights of the author and the connected rights;
a bis) in infringement of art. 16 in order to receive a profit, transmit to the public throug a system of telecommunication networks, by means of communications of any sort, protected works from the right of the author, or its part;
...
. The verdict for one of the offences of codilcil 1 bears:
a) Application of additional punishments connected to artt. 30 and 32 bis of criminal code;
b) The publication of the verdict in one or more daily newspapers, which at least one in national distribution, and in one or more specialized periodicals;
c) Putting off for the period of 1 year of granting of radiotelevision distribution for operation of industrial or commercial activity.
...
__________________________________________________ ______________
....
8. To article 39, codicil 1, of decree legislative 9 April 2003, n. 68, are brought the following modifications:
to) the letter d) it is replaced from following:
"d) digital memories suitable for audio and video, fixed or transferable, such as flash memory and cartridges for analogous readers MP3: 0,36 euro for every gigabyte";
b) after the letter h) following is added:
"h-bis) machines assigned to the record of DVD and CD supports and recording software: 3% of the prices to the retailer ".
______________________
"not by personal use":
meaning also when I place in sharing a protected product for the other use
"in order to receive a profi":
the profit (Supreme Court says) is incorporated by the savings of the price of a protected product purchase.
(Text approved in definitive way from the Senate of the Republic 18 May 2004, not still published in the Official Gazette)
"Art. 1. - (Measures of contrast to the spread illicit data transmission of protected works). - 1. To the aim to promote the spread to the public and the fruizione for via data transmission of the protected works and repressing the violations of the copyright, the breaking in in a system of nets data transmissions of a protected work, or portion of it, is equipped from a suitable warning of the consequences and obligations deriving from the norm on the copyright and the connected rights. The communication, of adapted visibility, also contains the indication of the previewed endorsements, for the specific violations, from law 22 opens them 1941, n. 633, and successive modifications. The relative technical modalities and the subjects obligate are defined with Prime Minister's decree of the ministers, concert with the Minister of the communications, on the base of agreements between the Italian Authors and Publishers Association (SIAE) and the associations of the interested categories. Until the such decree adoption, the warning must have however characteristic such to concur of the immediate visualization. They are made knows articles to you 71-sexies, 71-septies and 174-ter of law 22 you open them 1941, n. 633, and successive modifications, nonchè previewed how much from the 5 law February 1992, n. 93, and successive modifications.
2. To codicil 1 of article 171-ter of law 22 April 1941, N ° 633, and following changes, words: “ with the purpose of the lucre“ are replaced with the following: “to receive a profit“.
3. To codicil 2 of article 171-ter of law 22 April 1941, N ° 633, and following changes, after the letter a) it is included the following:
“ a bis) in infringement of arti. 16 in order to receive a profit, transmit to the public throug a system of telecommunication networks, by means of communications of any sort, protected works from the right of the author, or its part; “
__________________________________________________ ____________________
Article 171-ter of law 22 April 1941, N ° 633 (modified as above)
1. Is punished, if the fact is accomplished not by personal use*, with jail form six months to three years and with the penalty from five to thirty millions lires [read 2.500 to 15.000 euro] anyone who in order to receive a profit**:
a) Illegally copies, reproduces, transfers or distributes in public with any process, as a whole or in part, a protected product intended for the television, cinema, sales or chartering, disks, a tape either similar supports or each other containing supportl, cinema or audiovisual products or sequence of images in movement;
2.. Is punished with jail from one to four years and the penalty from five to thirty millions lires [read 2.500 to 15.000 euro] anyone who:
a) Reproduces, copies, transfers or distributes illegally, sells or places in trade, recedes in any title, illegally sixty copies of products protected by the rights of the author and the connected rights;
a bis) in infringement of art. 16 in order to receive a profit, transmit to the public throug a system of telecommunication networks, by means of communications of any sort, protected works from the right of the author, or its part;
...
. The verdict for one of the offences of codilcil 1 bears:
a) Application of additional punishments connected to artt. 30 and 32 bis of criminal code;
b) The publication of the verdict in one or more daily newspapers, which at least one in national distribution, and in one or more specialized periodicals;
c) Putting off for the period of 1 year of granting of radiotelevision distribution for operation of industrial or commercial activity.
...
__________________________________________________ ______________
....
8. To article 39, codicil 1, of decree legislative 9 April 2003, n. 68, are brought the following modifications:
to) the letter d) it is replaced from following:
"d) digital memories suitable for audio and video, fixed or transferable, such as flash memory and cartridges for analogous readers MP3: 0,36 euro for every gigabyte";
b) after the letter h) following is added:
"h-bis) machines assigned to the record of DVD and CD supports and recording software: 3% of the prices to the retailer ".
______________________
"not by personal use":
meaning also when I place in sharing a protected product for the other use
"in order to receive a profi":
the profit (Supreme Court says) is incorporated by the savings of the price of a protected product purchase.