Legge sul Diritto d'Autore Art. 43-bis, Press Publisher Neighbouring Right

Press publishers, whether acting singly, in association, or as a consortium, hold the exclusive reproduction and communication-to-the-public rights of LDA Articles 13 and 16 over the online use of their journalistic publications by information-society service providers, including media-monitoring and press-review businesses (comma 1).

A journalistic publication is a collection of mainly journalistic literary works, which may include photographs or video, forming a single item of a periodical publication under one title, published under an editor's or press agency's editorial responsibility and control; purely scientific or academic periodicals are excluded (comma 2). The right does not reach private or non-commercial use by individual users, hyperlinking, or the use of single words or very short extracts (comma 6).

A very short extract is defined as any portion of the publication that does not dispense the reader from consulting the article in full (comma 7).

An online service must pay the publisher equitable compensation ("equo compenso") for online use; AGCOM adopts the regulation setting the criteria for that compensation, weighing factors including the number of online consultations of the article, the publisher's years of activity and market relevance, the number of journalists it employs, both parties' technology and infrastructure investment costs, and both parties' economic benefits from the publication in visibility and advertising revenue (comma 8).

If the parties cannot agree an amount within thirty days of a request to negotiate, either may ask AGCOM to determine the equitable compensation; AGCOM decides within sixty days based on the same regulatory criteria (commi 9-10). If the parties still do not reach a contract after AGCOM's determination, either may bring the matter before the specialised business-law section of the ordinary courts (comma 11). Article 43-bis has been in force since 12 December 2021.