1. Clearance of rights for availability on demand of heritage feature films RAI CINEMA EXPERIENCE DIFFICULTIES IN RIGHTS CLEARANCE FOR FILMS PUBLIC DOMAIN FILMS Problems: harmonization of national legislation about films fallen in public domain before the unification of the term / clearance regarding creative works related to them, as music or literary works / when a work is in public domain in its own country, shall be considered in public domain in all the other MS ? COPYRIGHT PROTECTED WORKS SECOND QUESTION: WHO ARE THE RELEVANT RIGHT HOLDERS ? Need of harmonization of national legislations: who is/are the author/s of a feature film? Risk of caos in absence of uniformity in the european legal framework and impossibility to find common best practices to make available AV in a pan-european perspective. FIRST QUESTION: ARE FEATURE FILMS STILL COPYRIGHT PROTECTED?

2. Clearance of rights of feature films RAI CINEMA PRACTICE METHODOLOGY OF THE RESEARCH: If a film is not in public domain according to Italian Law, every exploitation must be authorized by all the relevant right holders (AUTHORS PRODUCER). A due diligence research implies the need to examine all the contracts concluded between authors and producers: for old films it’s very difficult to find out all the written contractual agreements, if any). PRAGMATIC SOLUTION: D ue to Art.45 of Italian Intellectual Property Law, which espressly states that the exercise of the exploitation rights on cinematographic works belongs to producers (PRESUMPTION), RAI CINEMA operates on the basis of a complete and continous chain of rights that strictly leads from Licensor to the original producer. However, in every case of a fragmented chain of rights, RAI CINEMA simply cannot proceed with any economic exploitation of the work (almost 10% of films) For Italian Films, a proper source of research, in case of a lack in the chain of rights, is represented by the Public Film Register held by SIAE (only Italian feature films). PROBLEMS: RISK OF CLAIMS BY AUTHORS/NO ACCESS TO RAI CINEMA FOR CITIZENS OUTSIDE ITALY. SOLUTIONS: CROSS BORDER RIGHTS CLEARANCE NEED TO BE FACILITATED / NEED TO CREATE A DIGITAL EUROPEAN DATA BASE NETWORK IN ORDER TO ACCESS ON LINE RELEVANT INFORMATIONABOUT AV WORKS

3. LIMITATIONS/ EXCEPTIONS TO COPYRIGHT: public interest prevails on the private interest of rightholders art.5 Directive 29/2001: a prior authorization by right holders is not necessary for partial utilizations of creative works (also film). PROBLEM: Exceptions & Limitations not harmonized in EU Law / no legal certainty of cross – border access Art. 70 of Italian Intellectual Property Law: excerpts or parts of audiovisual works shall be communicated to the puclic for purposes as criticism or review (not expressly limited to “non commercial use”), in a manner that such utilizations shall not be concurrent with and detrimental to the commercial exploitations of the same works by legitimate right holders; it’s also permitted the use of excerpts of works for the sole purpose of illustration for teaching or scientific research, but in such cases only for non commercial use. Such exceptions cannot allow for any sort of exploitation of the AV in their entirety. As a result of the lack of certainty, the availability on line of fragments of the audiovisual works is limited (geo- blocked) to the Italian Territory. Clearance of rights of heritage feature films FAIR USE UTILIZATIONS