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Decree of Minister of Culture, National Heritage and Tourism of June 20, 2014 (came into effect on July 7, 2014) sets new amount of remuneration for private copying. New rates apply to sales carried out from July 7, 2014.
Private Copy Italy DM JUNE 2014. New selling declaration model DM June 20, 2014.

What is Private Copying?

The remuneration for Private Copying is applied through a royalty to all blank phonographic and videographic carriers in exchange for the possibility to record copyrighted works. Therefore, anyone can copy a work and save the cost of buying another copy. Before the introduction of Private Copy, the making of copies of protected works was not allowed. In Italy, as in most countries in the E.U. (with the exception of the United Kingdom, where reproduction for personal use is considered a crime) this possibility has been granted after the payment of a flat royalty fee to compensate the author and the cultural industry for the missed purchase. The level of the remuneration takes into account the fact that even not protected works can be recorded on the carrier.
Siae collects this remuneration and distributes it to authors, producers, publishers and performers.

Provisions

The legislative decree n.68 passed on April 9, 2003 and entitled “Implementation of the directive 2001/29/CE on the harmonisation of certain aspects of copyright and related rights in the information society” introduces modifications in the law as regards the private reproduction destined to personal use of phonograms and videograms (“Private Copy”). These modifications are stated in article 9,39, and 41 of the decree. These changes contained in article 9 (with which articles 71-sexies, 71-septies e 71-octies have been introduced to law n. 633 passed on April 22nd , 1941) in article 31 (that substitutes comma 3 of article 181 bis of law n. 633 passed on April 22nd , 1941), and in article 41 of the decree.

The new provisions are based on the same principles of the previous law n.93 passed on February 5th 1992, which had introduced “Private Copying” remuneration in Italy for the first time, namely:

  • An exception to the exclusive reproduction right belonging to authors, performers and producers is established;
  • Because of this exception, the consumer natural person can legally reproduce phonograms and videograms for personal use only;
  • A remuneration is due to authors, artists and producers to repay them of the “Private Copying” benefit of the consumer.
  • This remuneration is paid on recording equipments and blank carriers.
Law n.128 passed on May 21st 2004, by modifying paragraph 4 of article 71-septies, introduced administrative sanctions for those who do not comply with the obligations imposed by the law.

Exceptions

Only natural persons can benefit from the exception to the exclusive reproduction right belonging to authors, artists and producers, if the reproduction of phonograms and videograms is made:
  • For personal use only, without any lucrative purposes and not for commercial use
  • From lawful sources (lawful possession/access of copies of the work)
  • Through the employment of recording equipments and blank carriers for which the “Private Copying” remuneration established by the law has been paid.
Natural persons can therefore reproduce phonograms and videograms without the previous consent of the authors, artists and producers, if they comply with the above stated conditions.
In all other cases, the reproduction of phonograms and videograms- without the authors’, artists’ and producers’ consent (license) - is considered an infringement to the exclusive right of reproduction of the authors, artists and producers, and is illegal and punishable by law.
Also illegal and punishable by law are:
  • The reproduction of phonograms and videograms done by a third party on behalf or for the benefit of a natural person for personal use;
  • The services intended to enable a natural person to reproduce phonograms and videograms for personal use.

Beneficiaries of the remuneration and distribution criteria

Remuneration for audio carriers and audio recording equipments
50% to the authors and their successors in title
25% to the producers of phonograms
25% to the performing artists
Remuneration for video carriers and video recording equipments
30% to the authors
70% in three equal parts to the original producers of audio-visual works, to the producers of videograms, to performing artists. (Half of this last share is destined to study and research activities as well as to promotion, training and professional support of performing artists)

Siae’s tasks

The law entrusts Siae with the task of collecting “Private Copying” remuneration and distributing it to the beneficiaries indicated by the law itself, also through their associations of category.
To fulfill these obligations, the law gives Siae the power to supervise all aspects of the activities connected to the manufacturing, importing and distribution on the Italian territory of recording equipments and blank carriers, as well as on all activities of pressing and distribution of pre-recorded carriers.
Therefore, Siae’s inspectors can access the facilities of manufacturers, importers, distributors and pressing plants (wholesalers and retailers) and request the display of the documents related to the activities undertaken.
Furthermore, Siae has the authorization to control the correct use of blank carriers, representing the semi-final work, acquired by duplication companies.

Who must pay the remuneration

The remuneration for “Private Copying” must be paid by the manufacturers and importers of recording equipments and blank carriers on national territory for sale purposes.

As manufacturer compelled to pay the remuneration we mean any company that, in the Italian territory, produces equipments, carriers or memories subject to the remuneration, even though said products are labeled by other companies.

As importer compelled to pay the remuneration we mean any company or subject that receives in Italy recording equipments, carriers subject or memories to the payment of the remuneration, no matter what the country of origin of the equipments, carriers or memories. When transactions are carried out also by residents abroad towards an end-user, the importer is the subject who sells or makes the item available.

In case the manufacturer and the importer does not pay the remuneration due, under the provisions of the law the distributor of the equipments, carriers or memories is subject to joint liability for the payment of the remuneration.

As distributor we mean any commercial business, either on wholesale or retail basis, that distribute in Italy equipments, carriers or memories subject to the remuneration for private copying.

To which items is applied the remuneration for Private Copying?

The remuneration for private copying is applied to all recording equipments and carriers suitable for the recording of phonograms and videograms.

The remuneration to be applied

From January 14th 2010, when the Ministerial Decree of December 30th 2009 came into effect, the remuneration is applied according to art. 2 of the above mentioned decree. Selling declaration model DM December 2009

From July 7th 2014, when the Ministerial Decree of June 20th 2014 came into effect, the remuneration is applied according to the technical appendix of the above mentioned decree. Selling declaration model DM June 2014

 
Codice Fiscale e numero di iscrizione alla CCIAA: 01336610587 - Partita IVA 00987061009 - Iscrizione al REA 840555
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