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Per chi utilizza le opere

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SIAE’s stickers on carriers

The Italian copyright law n. 633/1941 states (art. 181 bis) that each carrier containing computer or multimedia programs, as well as each carrier (CD, cassette, video, CD Rom, DVD etc.) containing sounds, voices or images in motion, bearing the fixation of works or parts of works protected by the Italian copyright law (art.1, para.1, law n. 633/1941) destined to be marketed or transferred under whatever title with a gainful intent, must bear a SIAE’s sticker on it.

SIAE performs the task to affix the sticker, that is to ‘stamp’ carriers. The release and use of the sticker are ruled by Decree n.31 of the President of the Council of Ministers dated February 23, 2009, as published in the OJ of April 6, 2009.

What is SIAE’s sticker and what is its function?

SIAE’s sticker is a means of authentication and warrant, which is useful both for the police and consumers to distinguish between the original work and the pirated copy, and to identify its producers and dealers.

How is it made and how can it be obtained?

Over the years SIAE has constantly updated the techniques to contrast the attempts to counterfeit its sticker, commonly referred to as “SIAE sticker”. It has the following characteristics:

  • It’s irreproducible and, once applied, cannot be removed without making it useless;
  • It’s metalized, therefore it cannot be photocopied or scanned and contains elements to prevent counterfeit which are not visible to the naked eye;
  • SIAE’s logo is printed on it with a special thermo-reagent ink;
  • It contains a variety of information which show the following: a) title of the work, b) name of the producer, c) the type of carrier (CD, CD ROM, audio cassette, video, etc.) d) type of sale permitted, e) general progressive numbering f) progressive numbering of the work in question.
SIAE’s sticker is usually applied on the packaging of the support both for visibility and to prevent its removal or transfer on another carrier.

The producer has to apply Siae – Mercato Fonovideografico e Antipirateria for any request of stickers to be applied on any sort of audio and video carriers.

Information can be obtained by calling 06.59903850; opening hours: from 9.00 a.m. to 2.00 p.m. Mon-Fri and also from 3 p.m. to 5 p.m. Mon-Thu. Application forms can be submitted to: drmcentralizzato.mfv@siae.it. Please fill in, scan and sign the form before submitting. The application will be processed and the producer will be contacted (please indicate your phone number and e-mail account). Applications in paper forms can be also submitted at any of the Siae's offices in Italy, which will send them to Mercato Fonovideografico e Antipirateria in Rome. For further information, please click on this link.

Costs

The amount for each sticker is of 0.0310 euro. This amount is reduced to 0.0181 euro for stickers to be placed on carriers distributed free of charge or together with publications sold without price increase according to the provisions of the Decree of the President of the Council of Ministers of December 21st 2001.
Since this activity refers to the protection of intellectual property, it is not subject to VAT as per art. 3, par. 4, of the Presidential Decree n. 663/1972.

Penalties

Whoever, with a gainful intent, holds for sale and distribution, markets, sells, rents, transfers under whatever title, publicly shows, broadcasts through radio or television videocassettes, musicassettes, any carrier containing phonograms or videograms of musical, cinematographic or audiovisual works or sequences of images in motion, or any other carrier that according to law n .633/1941 should bear SIAE’s sticker, without or with a counterfeited or altered SIAE stamp, shall be liable to imprisonment of between six months and three years and a fine from 2,582.00 to 15,493.00 euros (art 171 ter, lett.d, law n. 633/1941).
The same punishment is applied to anyone who, with gainful intent, duplicates computer programs or imports, distributes, sells, holds for commercial and entrepreneurial reasons, or lease away programs contained in carriers without SIAE’s sticker (art 171 bis, par. 1, law n.633/1941); and to anyone who, for his own profit, reproduces, transfers on another carrier, distributes, communicates, presents or demonstrates in public the content of data banks on carriers without the SIAE’s sticker, infringing articles 64 quinquies and 64 sexies of the  law, or whoever extracts or re-employs the data bank, thus infringing articles 102 bis and 102 ter of the same law, or distributes, sells or rents a data bank shall be liable to imprisonment of between six months to three years and a fine from 5,000,000 to 30,000,000 of the old lira. The penalty shall be imprisonment of not less than two years and a fine of not less than 15,493.00 euros if the offence is particularly serious.
Anyone buying or renting audiovisual, phonographic, multimedia carriers or computer programs which do not conform with the law provisions, or devices, products or components which main purpose is to circumvent any technological measure of protection, shall be liable to the administrative pecuniary penalty of 154 euros and to the ancillary sanctions of the forfeiture of the materials and of the publication of the sentence in a national newspaper (art. 174 ter, law 633/1941).

Exceptions

In some cases (stated on par. 3 of art. 181 bis of law n. 633/1941), after performing the obligations related to the author’s right and neighbouring rights, if any, the sticker can be substituted by the proper identifying declaration, as per the provision of art. 6 of DPCM n. 31 of February 23rd 2009.
This happens when the carriers contain computer programs (disciplined by the legislative decree n. 518 of December 29th 1992), used exclusively through electronic processors, and must not contain sounds, voices or sequences of images in motion proper of complete phonographic works, cinematographic or audiovisual works, not expressly made for the computer program, or their excerpts or parts exceeding 50 percent of the entire work from which they were taken, which may arise competition for the economical use of the same works.
The identifying declaration substituting the sticker:

  • Can be sent or brought directly to SIAE by the rightholder or his representative and must be received by SIAE before the sale or the import of the carriers (the declaration therefore must be sent in a manner suitable to ascertain the date in which it was received by SIAE).
  • The e-mail account is: vidimazione.mfv@siae.it
  • Self-declares the authenticity of the carriers, their conformity with the cases listed on par. 3 of art. 181 bis of law n. 633/1941, and attests the discharge of all duties stated in the copyright law and all neighbouring rights in case the programs contain protected works, pieces, or excerpts.
  • Must show all information as to the title of the product, the personal data of the declarer, the identifying code of the product (if available), the subject and place where the declarer commits himself to safeguard a copy of the declared work for at least three years following the sale period.
For control purposes, SIAE can request the safeguarded copy as well as all information and documents referring to the elements listed in the declaration.
Because of their peculiar characteristics and functions, the following categories containing Pc programs of any operational utility as strictly listed in art. 5.3 of DPCM n.31 of February 23rd 2009 are excluded from the application of art 181 bis of law n. 633/1941 (therefore subject neither to the sticker application nor to the presentation of the identifying declaration substituting the sticker):
  1. carriers distributed as an accessory in case of sale of multiple license contracts on the basis of previous agreements with SIAE;
  2. carriers distributed free of charge with the consent of the rightowner;
  3. carriers distributed through download and then installed on the user’s personal computer through the server and Internet websites. These programs cannot be registered with lucrative purposes on carriers different from the user’s processor, with the exception of the personal copy (back up).
  4. carriers exclusively distributed for the functioning or managing of specific drivers, for the updating of the system or the resolution of hardware and software conflicts deriving from already installed software;
  5. carriers exclusively distributed for the functioning of telecommunication systems such as modems or terminals, GPRS systems (General Pocket Radio Service), radio-mobile cellular phones, or included in audio/visual equipments and indispensable for its correct operation, if packaged with the above stated machinery and designed for their functioning.
  6. carriers included in machines for industrial production, managing of transportation and mobility systems and transportation of goods, and in equipments destined to control or programming of electrical appliances; if packaged with the above and designed for their functioning.
  7. carriers included in machines for biological or chemical analysis, or the management, measuring, analysis of medical, sanitary equipment; if packaged with the above and designed for their functioning.
  8. carriers destined exclusively to the aid or support of disabled people according to law n. 104 of February 5, 1992;
  9. carriers functioning as operating systems, applications, or servers destined to be pre-installed on electronic processors and distributed to the final user with the processor itself.

According to art. 7 DPCM n.31, February 23rd, 2009 are excluded from the application of SIAE’s sticker and identifying declaration:

  • the carriers that radio and television networks manufacture for technical purposes related to their broadcasting activity in the respect of authors’ rights and neighbouring rights, with the exception of the carriers sold or leased to a third party for lucrative purposes;
  • the carriers realized by disk jockeys, duly authorized by SIAE exclusively for their use within the frame of their professional activities, provided that said carriers are not commercialized nor sold for profit;
  • the carriers attached to books reproducing the full or partial content of the books themselves (dictionaries, practice books, and the like), provided that they are not commercialized separately from the books;
  • the books containing sound or music microchips strictly linked to the use of the work itself.

 
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