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Collective monopolies: SIAE v Soundreef and the Implementation of Directive 2014/26 in Italy

Spina Alì, GabrieleCollective monopolies: SIAE v Soundreef and the Implementation of Directive 2014/26 in Italy EIPR 40, 2 (2018), 113 - 128.

In 1941 Italian law conferred on the Società Italiana Autori and Editori (SIAE) the exclusive right to manage and collect copyright licences on behalf of authors and right holders in Italy. In recent times, the lawfulness of this monopoly has been questioned by Soundreef, a UK-based company which has challenged SIAE’s position in the Italian legal system by invoking relevant EU statutes and case law. The present article analyses SIAE’s monopoly in the light of Directive 2014/26 on collective management and its implementation in Italy in 2017. While suggesting that recent laws have had only a limited effect on SIAE’s privileged position in the Italian panorama, the article refers to the impact of Soundreef on the market to advocate that competition might be beneficial to the future of collective management in Italy.