Il ruolo crescente dell’AGCOM nella risoluzione alternativa delle controversie in materia di diritto d’autore: un’analisi del nuovo paradigma normativo

The paper examines the progressive strengthening of the role of the Italian Communications Regulatory Authority (AGCOM) in the field of alternative dispute resolution (ADR) for copyright-related disputes, in light of Directive (EU) 2019/790 and its implementation into the Italian legal system through Legislative Decree No. 177/2021. After reconstructing the judicial debate concerning the inapplicability of mandatory mediation and assisted negotiation procedures to intellectual property disputes, the analysis focuses on the new powers entrusted to AGCOM with regard to assistance in negotiations for VOD licensing agreements, the resolution of disputes concerning transparency obligations and contractual adjustment mechanisms, as well as the determination of fair remuneration for authors. The study highlights how these procedures establish an innovative model of specialized, administratively managed ADR, positioned at the intersection of market regulation, dispute settlement, and the quasi-judicial protection of rights. The paper concludes with a critical assessment of the systemic implications of this new framework, particularly regarding the relationship between administrative and judicial protection, as well as its compatibility with the principles of due process and effective judicial protection.