Music Radio and TV On behalf of both its members and all foreign Societies of Authors it represents in Italy, SIAE issues the licenses for the use of the musical repertoire to all broadcasting companies operating on the national territory also through cable and satellite. To regulate the relationship with both public and private broadcasting companies, Siae’s Music Section applies different licensing conditions to Radio and Television broadcasting companies. Further distinctions are applied according to whether they operate at a national or regional level. Other specific conditions are applied to: Non encrypted satellite TV broadcasting companies; Encrypted satellite radio and TV broadcasting companies; Radio and TV broadcasting companies which with programs are dedicated exclusively to commercial circuits. Licenses issued to national radio-TV broadcasting companies concern music as well as all other repertoires administered by Siae: opera, ballet, visual arts, dramatic and literary works. These licenses include the authorization to record the works for broadcasting distribution only. The licenses do not include, however, either the authorization to use music in commercials or synchronization rights regarding musical works in the soundtracks of cinematographic or assimilated works. To obtain the license, the broadcasting company must pay to Siae a percentage of the gross income deriving from its activity. The share of royalties for the use of the repertoire protected by Siae’s Musicl Section, as indicated in the Tables attached to the Licensing Conditions, vary according to the type of programming offered by the broadcaster, and the use of the works inside such programs. Licenses for Radio and TV local broadcasting companies are issued at any Siae territorial Offices, while national broadcasters must refer directly to SIAE’s Headquarters, Music Section – Broadcasting. Public Performances Public performances include all occasions in which musical works performed for an audience, either live, through registered carriers or by broadcasting. Public performance tariffs vary according to which of the three categories they fall into: Shows In shows the audience has only a passive role, while the music plays an essential role in the event. Copyright fees for live shows are usually 10% of the total income of the organizer of the event, including any contribution, sponsorship and advertising revenue connected to the event. If the music is only a complement to the show, as in the case of theatre and films projections, the percentage is much lower: 3, 33% for theatre, and 2,10% for films. If the organization does not perceive any income, as in the case of actually free shows, only the minimal flat tariff must be paid. This tariff is determined on the capacity of the place where the performance is held, as well as the on the public attendance. Entertainment In entertainment the audience has an active role and, though the music is an accessory, it is nevertheless a necessary element. Therefore, the tariff is the same as in shows (10%), with the difference that consumptions are included in the total income. The organizers of the show or entertainment are responsible for delivering the Musical Program (a list of all the works performed) to Siae. Ambiance Music Ambiance Music is that played in public places, such as commercial activities, hotels, vacation resorts, recreational clubs, waiting rooms, etc.; through either radio, television, discs, cds, cassettes, etc. The tariff is usually applied through yearly or periodical memberships; its price determined by the type of device used for the diffusion, and the place where the music is played (for example: commercial activity category, capacity of the places, etc). The organizers of the show or entertainment, as well as those wishing to activate the ambiance music service, must first contact Siae’s territorial structures (regional offices, branches, or agencies), subscribe a membership and obtain the authorization to use the music. The tariffs applied are established periodically by the national associations of different categories of users and approved by Siae’s executive bodies. For further information, please contact the Office of Agreements for Performing Rights at: Accordi.autori@siae.it. Discography The producer of phonovideographic carriers of any format (CD, MC, LP, VHS, DVD, CD-ROM, or new formats), before making master copies, must pay the royalties due for the recording, reproduction and diffusion (even if free of charge) of protected musical works. Furthermore, phonographic and videographic carriers can circulate only if bearing Siae’s sticker. The distribution of carriers without the above mentioned characteristics is subject to legal fines.