Netflix vs. AGCOM: Is Copyright Fee Due?
*by Fulvio Sarzana di S.Ippolito, Lawyer, Sarzana and Partners Law Firm. Sarzana e Associati
The Lazio Regional Administrative Court, which had already upheld Meta's appeal against the copyright fee owed to the Italian Communications Regulatory Authority (AGCOM), doubts that such a fee is also due in relation to Netflix. For this reason, it has suspended the action brought by the Italian subsidiary of the US giant, pending the decision of the European Court of Justice, which has already been invoked by the Italian Council of State.
In particular, the TAR states in a provision dated late March 2026: “with today's appeal, Netflix Services Italy s.r.l. has challenged resolution no. XXXXX with which the Communications Regulatory Authority regulated the contribution due for 2024 by companies operating in the video on demand sector pursuant to Legislative Decree no. 177 of 8 November 2021 (“Copyright Decree”), implementing EU Directive 2019/790;
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