SKY TV sentenced to pay fair compensation to authors

The Court of Milan reaffirms the legitimacy of fair compensation pursuant to art. 46a of the Law on copyright.In the summer of 2012 Sky Television, objected the unconstitutionality of Article 46a of the Law on Copyright refusing to pay fair compensation to the authors of films broadcasted on digital channels, satellite and on the web.

Sky asked the Court to find that the payment of fair compensation could not be determined by means of the mechanisms of collective bargaining and arbitration provided by "art. 46a co. 4 of the Law on copyright, but should be determined on the basis of mechanisms of individual negotiation, pleading the unconstitutionality of the article to a misuse of power by the legislature.

The Milan Court, in its judgment of 03.01.2014, has stated negatively in reaffirming the legitimacy of Article disputed.