FAQs

What are authors’ rights?

The Law of April 22, 1941, n. 633 several times amended  and updated, provides for the protection of the intellectual property rights on creative works, in the field of literature, music, visual arts, architecture, theatre, cinema. Protection consists of a series of exclusive exploitation rights for the work (the author's economic rights) and moral rights in protection of the author's personality, which together  constitute the "Authors’ Rights."

What are moral rights?

Moral rights are ensured by the law in defence of the author's personality and are retained even after the transfer of economic rights. They are not subject to the expiry of legal terms of protection. The most important moral rights are: the right to authorship (i.e. the right to claim the status as author of the work); the right to the integrity of the work (i.e. the right to object to any distortion or modification of the work which may damage the reputation of the author); the right to publication (i.e. the right to decide whether or not to publish the work).

What are the economic rights?

The principal rights of  exploitation are: the rights of reproduction, that is, the right to make  copies of the work using any means; performance rights, that is, the right to perform, represent, recite or read in public the work, that is, the right to submit the work to the public in the various forms of communication specified above; communication rights, that is, the right to disseminate the work over a distant public  (via radio, television, satellite or cable, on computer networks, etc.); distribution rights, namely the right to place the work on the market; elaboration rights, that is, the right to make changes to the original work, to transform it, adapt it, and shorten it, etc. All these rights allow the author to authorize or not the use of his work and reap the economic benefits.

When do authors’ rights come into being? Are there any procedures to be followed?

There are no administrative formalities to be followed to obtain the recognition of authors’ rights. The rights come into existence  automatically with the creation of the work.

Who owns the rights?

The owner of the authors’ rights is, from the very beginning, the author as the creator (or in the case of works in collaboration, the co-authors). Rights of ownership can then be purchased, sold or transferred in any form or manner permitted by law.

How long does financial protection of the work last?

The exploitation rights last for the author's life plus 70 years after his death. After this period the work falls into the public domain. In the case of works  in collaboration the term is calculated with reference to the co-author who dies last.

Does  a work fallen into the public domain give access to free use?

Works fallen into the public domain can be freely used without permission and without paying fees for authors’ rights. Provided, however, that it is an original work and not one of its protected elaborations.

What does the SIAE do for the  authors’ rights?

The SIAE institutional function is the activity of intermediary for the management of authors’ rights. The SIAE, therefore, grants the authorizations for the use of protected works, collects the revenues  for authors’ rights and allocates the  related fees t. to the rightholders It carries out its activities in Italy, through its territorial  offices and, abroad, through the  foreign Authors Societies  with which it has concluded representation agreements.

Is it compulsory to adhere to the SIAE?

  1. It is not compulsory to adhere to the SIAE. Adhesion to the SIAE is free and voluntary. The author may in theory decide to deal directly with the users to protect his rights, but in fact the presence  of a  specialized  organization so widespread on the territory   is essential. .
  2. Besides  in Italy, the activity of intermediary in the exercise of rights of public performing, execution, recitation, broadcasting, mechanical and cinematographic reproduction of works protected is reserved by law exclusively to the SIAE.  However, the author may still choose to adhere to other Authors Societies abroad.

The author who adheres to the SIAE should always use its intermediation?

From the moment the author adheres to the SIAE, he takes advantage of its intermediation for the uses of works vested on him.

If questioned   directly, the member  should address the users to the SIAE for authorizations. The author cannot grant permission directly, and may not grant reductions. Everything is in the direct interest of the author who, through the collective management of his rights, is guaranteed in his  relationship  with the users; on the other hand users are ensured transparency in the negotiations  and the uniformity of contractual conditions., as well as  an easy access to the world repertoire also  through one stop shop mechanisms

What are the "related rights" to the author's right?

The "related rights" to the authors' rights are those rights which the law recognizes as  due not to the author of a work but to other parties connected or related to it (see this regard Title II of the Copyright  Law 633/1941). The most important related rights are those recognized to the performers, to the producers of phonograph records or similar media, to the producers of cinematographic or audiovisual works and to radio and television broadcasters.

I have created a musical work: what should I do to request the SIAE financial administration on my behalf?

You can  choose whether to join as an associate or to solely confer a mandate. In the first case you have to fill out an application form for membership; in the second case, a form for a mandate. The amount to be paid is €282.66 for association and €223.66 for the mandate, and the annual contribution (requested from the year following that of enrollment) corresponds to € 152.00 for the association and to €61.00 for the mandate. In both cases further documentation is required by the specific Section for which you intend to enroll. Forms and documentation are available on the website. Registration can be made directly at the Customer Care Service at the Directorate General. Alternatively, the necessary documents can be sent, in a single package, by mail or by registered post to the Customer Care Service, Directorate General of the SIAE, located in Viale della Letteratura n. 30, 00144 Roma, or by delivery to the local area offices where the so-called " Authors Desk" is operational (Bari, Bologna, Bolzano, Cagliari, Genoa, Milan, Naples, Palermo, Rome).

What is the difference between association and mandate conferral?

Mandators cannot attend to the Company Assembly or vote for the election of their representatives in the Social Organs; moreover, they have no access to the activities of the Solidarity Fund in  favour of authors in need because of age, health, finances, or social and family problems. However, mandators are required to pay a lower annual tariff, albeit the administration of their works follows the same procedures.

I am less than 30 years old: what should I do to enroll as an author?

From 1 January 2015 for authors up to 30 years of age, the association is totally free. As an alternative to the association, authors up to 30 years of age can confer mandates free of charge, requiring, however, the payment of €32.00 per tax duties. Gratuitousness of association or mandate ends on December 31 of the year in which you turn 30 years of age. Only the "Associates" have the right to attend the Company Assembly and to vote on agenda resolutions, including the appointment of the members of the Supervisory Board (arts. 9, 10, 11:12 Statute of the SIAE). For children under 16 years of age, a parent’s signature (or that of the person with parental responsibility) is also required on the Forms.

Can a band subscribe to the SIAE?

No, because the authors’ rights are of a personal nature. The members of a group or band who have participated in the creation of the works must  subscribe individually to the SIAE. The works must then be declared stating the names of the people who have participated in the creation of the work as authors of the music or the text.

Upon registration to SIAE the Declaration and the deposit of the work are required?

To register with the Music and Opera Sections, DOR (theatrical and radio/televised works) you need to declare and deposit at least one work. For the OLAF Sections (Literary Works and Visual Arts) and Cinema, you are not required to deposit the work, but there must be documentation that proves the publication or public use of at least one work.

Do I have to pay an additional amount to deposit the works?

Once associated with (or mandated) you are not required to pay for the deposit of the works, with the exception of the elaboration of public domain works, for which you are expected to pay administrative procedural rights equal to €12.40 + 22%. VAT.

Is SIAE Registration also valid in foreign countries?

The SIAE is represented in almost all countries through the Companies of local authors (on this site you can consult the full list of Companies and relevant territories of jurisdiction with agreements in place with the SIAE), so as to ensure the protection of its members’ works also abroad.

Can I be registered simultaneously with the SIAE and another company of authors?

The mandate for the intermediation of the authors’ rights is conferred exclusively to the SIAE in accordance with the provisions of art. 180, first paragraph, of the Law on Copyright. However, certain categories of rights can be excluded from the mandate conferred to the SIAE and/or limited to certain countries (art.6 co. 9 of the Statute SIAE), so that they can be managed directly in Italy or the relative mandate can be conferred to other Companies for Authors for the territories managed by them.

I'm an author already associated with the SIAE: do I have to pay an annual membership tariff?

Yes, association with the SIAE involves the payment of an annual tariff (currently of €152.00). But if you are not over 30 years of age you will automatically be exempt from this payment until the end of the year in which you reach 30. Moreover, those authors who are blind, deaf, or permanently invalid, both civilians and military, with disability to the degree of not less than one third, and authors over 80 years of age are also exempt from paying the annual tariff.

I am a mandate author: do I also have to pay an annual tariff the same as one who is associated?

Yes, but the annual amount due for mandates is lower than the amount paid by the associate. In fact, it currently amounts to €61.00 (including VAT) while the associate tariff is €152.00. However, the mandate author, just like the associate, does not have to pay the annual tariff until the end of the year in which he/she reaches 30 years of age. Those authors who are blind, deaf, or permanently invalid, both civilians and military, with disability to the degree of not less than one third, and authors over 80 years of age are also exempt from paying the annual tariff.

How can I pay the annual tariff?

The SIAE withdraws its annual tariff from the periodic due payments  for authors’ rights in order to avoid the associate or the mandate the task of having to pay. If there are no proceeds or the author’s revenueis not sufficient to "cover" the entire annual tariff, then the member will have to pay personally. In this case, the SIAE will send, during the year in course, a notice of payment by email and by post to the associate or mandate’s home address.

What happens if I forget to pay the tariff despite having received notice?

 It is not advisable to miss the annual tariff payment because it involves the cessation of the administration of the works by the SIAE. In any case, the SIAE will send a  notice of termination to the person offering a further chance to pay the annual tariff  with no additional costs, and the tariff for the new year in course.

Is the certificate issued by the SIAE for the annual proceeds received by the authors useful for the purposes of tax returns?

Yes, each year the SIAE sends to authors (and to the heirs of deceased authors) a certificate attesting the proceeds paid and the revenue taxes withheld. The certification is sent in accordance with the law (within the first week of March) to the domicile of the authors. However, if the above certification is lost, the author may request a duplicate by email at segreteria.sam@siae.it attaching a photocopy of an identity document.  For those who are registered on the Authors and Publishers Site, the document can be downloaded directly to their email address.

I'm an author, but I no longer have any interest in renewing the associative (or mandate) relationship with the SIAE: what should I do?

Just send the Customer Care Service a written notice accompanied by a photocopy of a valid identity document. The resignation will take effect on 1 January following receipt of the communication; the annual tariff is then due for the year of issue of the notice, while from January 1, the year following receipt of notice, obviously no more tariffs will be due even though you may still receive any proceeds from the SIAE accrued during the period of association (or mandate).

In the past years I have been a member of the SIAE, but then I resigned: is it possible to register again?

Yes, you may re-register at any time. You must submit the same documentation required from authors who sign up for the first time, with the exception of the works report; the SIAE in fact will move the works declared during the previous enrollment to your new associate (or mandate) position.

My association relationship ceased at the end of last year because I was not in order with the payment of the annual fees: can I restore my association by paying what I owe?

To those who find themselves in this situation, the SIAE sends a communication in the first months of the New Year, giving them the opportunity of regularizing their position by paying (no additional cost) the amount due for the previous year and the tariffs for the New Year. In this way, the author can restore the associative relationship without any additional cost. However, the author who wants to restore his membership needs to make payment immediately after receipt of the communication of the SIAE, so as to avoid both the risk of interruption of economic protection and the necessity of starting a new registration procedure.

I would like to take up the publishing business; What should I do to join the SIAE as a "Publisher"?

SIAE membership  as a Publisher, which establishes a relationship of "association" or "mandate", is subject to the fulfillment of certain requirements, which include the production of specific legal/administrative and technical documentation, depending on the section of interest (Music, DOR/Theatre and Radio/Television, Opera, Literary Works, Visual Arts).

What is the difference between the figure of “Music Publisher” and “Record Producer”?

"The music publisher", according to contracts with authors, is one of the holders of the related rights to works created by the authors themselves, and thus receives the royalties collected by the SIAE for the exploitation of such works. In order to use the service of collection and distribution of royalties performed by the SIAE, the music publisher should adhere, as "Associate" or "Mandate".  From the copyright perspective, however, “The Record Producer” constitutes a user of the musical works for commercial purposes. Therefore, the record producer should pay the SIAE the royalties due to the authors and publishers of works used and is obliged to apply the SIAE endorsement adhesives to his reproduced copies.

Can I freely assign any designation/company name to a music edition?

No, the SIAE reserves the right to authorize only the use of designations/company names that do not create confusion with other designations/company names of companies already operating and enrolled with the SIAE itself or other companies of authors.

In addition to being the author of my works can I also be the publisher?

Nothing prevents an author from also being the publisher of their works, creating for this purpose a specific legal entity.  In order to register with the SIAE, however, the holder of the  whole proprietorship or the legal representative of the company must not be the authors or co-authors of the first ten pieces that constitute the initial editorial fund.

Are any facilitations provided for the so called "Young publishers"?

Yes, as of 04.14.2015,the following are exempted from any kind of payment (except the stamp duty of €32.00 which remains payable in the event of "mandate"): companies submitting the application form within two years of their constitution and whose initial editorial fund is made up of works by authors, administered by the SIAE, under 30 years of age – the exemption is valid for the first 3 years of association or mandate; individual firms whose owners are less than 30 years of age and whose initial editorial fund is made up of works by authors administered by SIAE, under 30 years of age – the exemption is valid until the end of the year in which the owner of the  whole proprietorship reaches his 30th year of age.

In the event of the death of a member of the SIAE, may his/her heirs request continued protection from the SIAE?

Certainly. The heirs can mandate the SIAE for the continuation of the administration of the deceased author's works by the SIAE.

Can the heir only be a "mandate" or can he also be an associate?

The heir may join the SIAE only as a "mandate", in accordance with current statutory legislation/regulation of the Institution, and therefore he does not have the right to attend the Company Assembly or to vote on the resolutions on the relative items of the agenda, including the appointment of Supervisory Board members.

In the case of several heirs, who should enroll at the SIAE?

In this case, in accordance with the provisions of the law on copyright, the mandate conferred to the SIAE is called "the representative for the Heirs", the person specifically delegated by the other heirs.

Can the beneficiaries of an author who has never been enrolled or no longer enrolled also confer a mandate to the SIAE?

Yes, in this case we speak of "posthumous mandate". Its completion, especially in the case of an author who has never been enrolled, is subject to the presentation of the usual legal/administrative documentation, as well as the deposit of at least one work, in the manner prescribed by Sections of competence for the adhesion of authors.

For the so called "Resale rights" related to the works of figurative arts, do particular rules apply?

Yes, according to the express provisions of the law on copyright, the "resale rights" can be transmitted "Mortis causa" only in  favour of the legal heirs or testamentary beneficiaries, but not in  favour of other subjects such as legatees.

What categories of authors can join the Cinema Section?

Co-authors of the cinematographic work stated in Art.44 of the law on copyright, i.e. the authors of the subject, of the script, the director (the author of the soundtrack of the film is protected by the Music Division). The authors of the translation into Italian of the dialogues originally expressed in another language, that is, the adapters/dialogue writers.

Does the protection apply only to the authors of cinematographic works?

No, the protection also applies to authors and adapters of similar works, such as serials for television (miniseries, series, TV series, soap operas, cartoons) and documentaries both for cinemas and television.

Which proceeds does the author receive today?

The compensation for reproductions of protected works  made by private individuals for personal use, non-profit and not for direct or indirect commercial use (the so-called "private copy") using analog or digital media devices; fair compensation for the television broadcasting of cinematographic and assimilated works carried out by the broadcasters using digital terrestrial, satellite or cable, free or coded access (pay TV); fair compensation for the sale of media intended for circulation on the home video market (normal sales channels and sales in conjunction with publishers, newsstands); tariffs accrued abroad for the use of the works under protection of the Cinema Section, paid periodically by the foreign author Company, on the basis of reciprocal representation contracts.

What kind of criteria and to what extent does the SIAE negotiate fair compensation due to authors?

The criteria and the measurement of fair compensation payable by the issuing bodies are determined by the agreements entered into with users; so far there are two contractual schemes in practice:

the tariff scheme used in the agreements with national free broadcasters (RAI, Mediaset, LA7, MTV), where the value of each pass of the work is determined by the minute - amount determined annually in relation to corresponding revenue levels of the broadcaster - and articulated on the basis of three fundamental parameters (network, time zone, category of the work), which have different coefficients of application.

The tariff for the sale of video support systems is collected for each work and is therefore attributed directly to the legal holders (authors or dialogue adapters for foreign works) based on a distribution scheme of the general revenues or agreed between the authors of the various authorial contributions.

Finally, the proceeds for the online use of audiovisual content is calculated as a percentage of the operator's revenue.

Should the associated author  request the payment of the tariffs?

No, the Cinema Section identifies the utilizations uses and pays the tariffs via bank transfer directly onto a bank account, through the post office, or by Postal Order, provided that the associate indicates the preferred method of payment and informs us immediately of any changes.

Is the declaration compulsory for all the works?

No, the declaration is compulsory for assimilated works and for the contribution for adaptation both for cinematographic works and assimilated works.

Why does the declaration have to contain the names and signatures of all the co-authors of the work?

Firstly, because by signing the declaration each author claims, on his own responsibility, authorship of the authorial contribution that is declared in the document (the declaration bulletin); secondly, because only the Joint declaration of all the co-authors involved in the work enables the Company to identify, for the proper allocation of the proceeds arising from the utilization, all those entitled to compensation. In the absence or defect of such requirements, the declaration is not valid.

What happens if the declared co-authors of the work also include deceased authors or adapters?

The name of the deceased co-author should always appear in the space corresponding to his contributions. The heir will have to sign the declaration.

For works in  multiple  episodes is one declaration bulletin sufficient?

Only if the co-authors are the same for all the episodes of the series (in this case the distribution scheme of the proceeds agreed upon or the one resulting from the names of the co-authors present on page 2 of the declaration form applies to all the episodes of the series, to be stated in the attachment - List Episodes). Otherwise the declaration must be made by grouping homogeneous episodes (The same authors and/or the same distribution scheme of proceeds agreed upon, by completing and submitting as many bulletins as there are categories in the series, with the corresponding episodes). Finally, if each episode has different characteristics from the others, a separate bulletin must be compiled and submitted for each episode.

For works in multiple episodes, is it essential to quote the title of each single declared episode?

Yes. You must register the serial episodes in the archive of works to be effected, to ensure that they match with the flow of their utilization, also as regards the title of each episode.

What if a non-associate author is among the legal holders in the bulletin?

If registrants submit an agreed distribution plan, the Company does not accept bulletins that do not also bear the signature of the non-associate. Conversely, if in the declaration the registrants merely indicate the names of the authors for their respective contributions, the tariffs due to the non associated author – on the basis of the general proceed distribution scheme – will be put aside till said person claims them by formalizing his/her position as an associate.

What to do if your bank details change?

You must immediately notify the Accounting Office by sending an e-mail or fax stating the new IBAN/bank account number along with a copy of a valid identity document.

How do I get a copy of the tax certificate from the proceeds?

The tax certificate for proceeds and deductions withheld for tax payments, is sent annually by the Customer Care Service, accordingly also in the case of loss or non-receipt of such certification, you must ask for a copy from that service and not from the Cinema Section.

What documents does the accounting department release?

The office releases: the copy of the statement (online tax endorsement - authorization. Int.fin n.94828/73, 1/18/74) summarizing the amounts accrued and paid as well as tax deductions from dues etc .; invoices for administrative tariffs on the issue of economic statements from the distribution office; invoices for administrative tariffs on the issue of forms from the documentation office; copies of repossession and/or legal actions issued on direct request of the person in question accompanied by an identity document.

When does a cinematographic work fall into the public domain?

The time limit in which the use of a work becomes free, or falls into the public domain, is fixed, in the case of a cinematographic work, at the end of the seventieth year after the death of the last surviving author (i.e. the director, the authors of the story and script, the author of the music specifically created for use in the film) [art. L.A. 32].

What is the difference between a deposit of unpublished works and a deposit of cinematographic works?

To meet the need of authors and constitute proof of authorship of unpublished works, the SIAE has set up the service of the deposit of unpublished works (run by the OLAF Section), which can also benefit those who are not associated with the Company and foreign citizens. Through this service, those who deposit their work obtain the proof of existence of the work with a certified date, that of the date of deposit with the SIAE. The deposit is valid for five years and can be renewed on expiry for the same period. Differently from the deposit of unpublished works is the conferral to the SIAE (Cinema Section) of the economic protection of the cinematographic or assimilated already published works (that is, shown to the public).  Based on its mandate from the author of the work, the SIAE performs its institutional function to act as intermediary for the management of the authors’ rights. The SIAE collects the tariffs due for authors’ rights and distributes the derived proceeds to the authors.

What works do the Cinema Section protect?

The Cinema Section protects cinematographic or assimilated works (TV films, TV serials, series and mini-series, soap operas, sitcoms, investigative films or series, television documentaries and cartoons) on behalf of the authors of the subject, the script and the direction, as well as on behalf of the authors of the elaborations such as translations or the adaptation of the Italian version of the dialogues of works originally expressed in a foreign language.

This supervisory activity concerns, in particular, the management of fair compensation, recognized to authors by Art.46a of the Law on Copyright (L.n.633 / 1941), that the SIAE negotiates and administers on behalf of the legal holders.

How are the works declared to the Cinema Section?

The associate must submit to the Company, for each assimilated work (TV films, series and mini-series, TV series, television documentaries and investigative films, series or individual cartoons, soap operas or sitcoms) that he intends to confer for protection, the relative declaration (Bulletin - Form 117 authors or 117 adaptors), prepared in accordance with the regulatory requirements. This declaration is compulsory and is used to identify, under the responsibility of the respondents, all co-authors of the works whose contributions are relevant to the distribution of royalties paid to legal holders.

Can I request the financial statement by email?

The user can request the financial statement by email instead of regular mail by compiling  and signing the forms available on the site, and returning them via email with a copy of a document of identification to the following addresses: dirittoautore.cinema@siae.it or ripartizione.cinema@siae.it.

I have lost or have not received the financial statements of past allocations;  can I obtain a copy?

You may request a copy by email of the financial statement and the attached warnings from the Distributions Office (ripartizione.cinema@siae.it) by filling in, signing and sending the appropriate forms.

To whom should I communicate a change in my email address for receipt of the financial statement?

You can communicate your new email address at which you wish to receive the statement via email using the forms on the site. Simply fill and sign the forms, and send them via e-mail along with a copy of an identity document to the following addresses: dirittoautore.cinema@siae.it orripartizione.cinema@siae.it.

To whom should I communicate a change of residence?

The author may communicate changes in personal data (address, social security number, contact information, etc.) via email to the Authors Office: autori.servizioclienti@siae.it.

How do I apply for an advance on the settlement of proceeds?

The author may request an advance on the liquidation of certified phases of the distribution scheme by sending an email request to the Accounting Office (contabilita.cinema@siae.it) or to the Distribution Office  (Ripartizione.cinema@siae.it).

When can I request an advance?

The author may request an advance when he is aware that the utilizations of his works took place in the period of current distribution, verifiable by the Distribution Office.

I saw my work/adaptation broadcasted on TV. How do I report the details (Date/channel) of the broadcast?

The user can provide the contact details (date/channel) of the  utilizations of their works by sending an email to the Distribution Office (Ripartizione.cinema@siae.it).

No acknowledgment found on the financial statements sent for the payment of some phases of my works of which I am fully aware.

The author can submit a notification indicating the title of the work via email toripartizione.cinema@siae.it reporting the title of the work and the details of the broadcast (date/channel) to enable the Distribution Office to carry out further investigations.

How can I get the list of works that are part of my repertoire?

The assignee (associated or heir) must submit a request by email using the appropriate form to compile, sign and send in the original, together with a copy of an identity document to  dichiarazioni.cinema@siae.it.

How do I obtain a transcript of an act on the Public Cinematographic Registry?

An applicant for the transcription of an act in the Public Cinematographic Registry must:

- write the act in two originals, or acquire a copy thereof certified by a notary or other public official   authorized by law. A copy will be used by the Notifications Office for the SIAE and the other returned to the applicant. The act must be duly registered at a Registry office;

- Fill in, at the bottom of the act, the "Note of transcription" section, providing all the essential details of the act to be transcribed onto the Public Film Registry;

- Pay, at a post office, the annotation rights (€9.30 for each annotation or for each film for which you  require annotation) on the postal account c/c n. 77049005 payable to SIAE - Public Cinematographic Registry of Viale della Letteratura 30-00144 Rome, indicating the reason for payment;

- Attach the receipt (or photocopy) of the payment to the copy of the act to notify the SIAE;

- Present the act at the local area Notification Office (in Rome this is located in Via Giulio Cesare), who will provide for Notification to the SIAE: once legally notified to the SIAE by bailiff, the act will be recorded in chronological order by the date notification.

With regard to the certification issued by the Cinematographic Public Registry, what is the difference between an extracted certificate and a photocopy for private use?

The extracted certificate has legal value, since it certifies that the transcriptions on the register are in correspondence with the film for which the certification is requested. Thus, it can be produced in a court of law or presented to the Ministry of Heritage and Culture as well as to Institutes such as the Cinematographic Credit, etc.

With regard to the certification issued by the Cinematographic Public Registry, what is the difference between an extracted certificate and a copy for private use?

The copy for private use, on the other hand, merely  represents an informal communication, for use by the applicant, without any legal value of proof.

What are the rights of economic utilization?

In the field of visual arts, the major economic rights are:

- Right of reproduction, i.e. reproduction in newspapers, magazines, book editions, posters, merchandising, media, multimedia, etc. by any printing process (printing, lithography, engraving, photography, etc.);

- Rights of diffusion, that is, the dissemination over distances of the work (television, whether satellite or cable, on computer networks, etc.);

- Distribution rights, namely the right to place on the market, or in any case available to the public, reproductions of the work or copies thereof;

- Rights of elaboration, that is, the right to modify the work (moral right).

All these rights allow the author to  authorize or not the use of his work and reap the economic benefits.

Who can authorize or prohibit the reproduction of a work?

The right to authorise or prohibit the reproduction of a work belongs to the author, whatever the means of reproduction used (press, lithography, photography, etc).This right holds even when the original property is sold and is not automatically transmitted to the owner of the work, except in the event that the author has expressly conceded his rights in written form.

May the owner of the original work, if other than the author, authorise the reproduction of the work?

Property rights on original works should not be confused with the authors’ rights on the works themselves.

The owner of a work - like anyone else - must ask the permission of the author or his heirs to reproduce, publish or financially exploit the work, even while still being able to freely dispose of the original.

Why use the intermediation of the SIAE?

The author would experience great difficulty in personally controlling all the   utilizations of his work in Italy and abroad, not to mention ensuring that all uses have been duly authorized and that the exploitation of the same comply with the terms defined by the contract with users.

The   authorizations issued by the SIAE do not only consist in payment of the rights, but also ensure that the conditions for utilization are appropriate: through the SIAE, authors can also check that their works are not manipulated or used for improper purposes or in a way they do not approve of.

authorise Finally, the Siae intervenes when abuses that harm the rights of its members are committed, disputing any unauthorized reproduction.

Which rights are administered by the SIAE  with regard to visual arts?

By joining the SIAE, the author entrusts the administration of all his works for all forms of financial exploitation, including reproductions on printed or mechanical support systems (DVD, CD-ROM), broadcast television or computer networks (Internet).

Are there any differences in treatment in the management of the repertoire of the "associates" and the "mandates"?

No, the protection provided by the SIAE for the works is identical. However, the mandates have an additional 3%commission  to pay at the time of liquidation of royalties.

In which cases is the author consulted on the reproduction of his/her works?

The author is consulted in advance by the SIAE for reproductions of monographs (produced on any kind of support system) for merchandising, posters and postcards, on the covers of books and advertising material of any kind. For other instances, the SIAE shall grant direct  authorization by applying tariffs in accordance to the type of use.

Do authors relying on the protection of the SIAE lose all control over their works?

No, authors do not lose control over their works and can follow them. In fact, authors are consulted, before the Company grants   authorization, on numerous uses of their works, such as: reproductions of monographs for merchandising, posters and postcards, on the covers of books and advertising material of any kind. In particular for these types of uses, seeing as they are forms of exploitation involving the most sensitive aspects of the protection of authors’ rights, the artist is consulted each time by the SIAE to grant or deny   authorization, and may also take action on the extent of the compensation.

What is the compensation for the reproduction of a work?

The extent of the compensation required by the SIAE for the utilization of a work of visual arts varies depending on the reproduction characteristics,  and is calculated based on the rates provided by the SIAE in its general tariff scheme.

Is the work also protected abroad?

The work is also protected abroad. In fact, the SIAE relies on the cooperation of sister Companies for authors  through which it has concluded representation agreements. Currently, the works of the SIAE members are protected in the following countries:

Argentina, Australia, Austria, Belgium, Brazil, Canada, South Korea, Denmark, Ecuador, Estonia, Finland, France, Germany, Japan, Ireland, Latvia, Liechtenstein, Lithuania, Luxembourg, Mexico, Monaco, Norway, New Zealand, Netherlands, Peru, Portugal, United Kingdom, Czech Republic (DDS), South Africa, Russia, Slovakia, Spain, United States, Sweden, Switzerland, Hungary.

When are the rights liquidated?

Proceeds for authors’ rights collected by the SIAE is paid to the right holders with liquidations every six months - June and December.

How much commission does the SIAE withhold from the proceeds?

The SIAE commission varies according to the type of utilization of the work:

- For printed reproductions: 12.50%

- For reproductions on DVD, CD-ROM: 18%

- For television broadcasting and internet: 14%

- For the rights from abroad: 3%

The "mandates", however, are charged a supplementary commission of 3% on the net sum.

What are the "resale rights" (droid de suite)? And are they recognized in Italy?

The so-called resale rights are the author's right to obtain a percentage of the selling price of the originals of their own works for sales subsequent to the first. The SIAE administers these rights on behalf of all artists even those not adhering to the Company. In addition, it receives and distributes to its associated authors the resale rights collected by its sister Companies of Authors who work in those countries where the legislation is in force.

Are photographs protected by the SIAE?

Yes, photographs are also protected by the SIAE for all forms of use.

What is the definition of copyright under the law of the United States of America?

Copyright in the US is defined as the protection for works of a creative nature, both published and unpublished, including literature, drama, music, art, cinema, and sound recordings.

Who is protected by copyright?

The author who created the work, or those who have acquired the rights from the author or authorized authorized entity.

Who is the author of the commissioned work?

The general rule states that the actual creator of the commissioned work should be considered the author, but there is an exception for so-called works on commission. Works on commission are created relation to an employment relationship, or bound to a specific commission. In these cases, the employer or the commissioner are considered as the authors by the Law of the United States of America.

Which works are protected?

Protected works are:

- Literary works (this category also includes software);

- Musical works, including lyrics;

- Dramatic works, including music;

- Choreographic works and pantomimes;

- Cinematographic works and other audiovisual works;

- Sound recordings;

- Architectural works.

What works fall into the “non-protected” category?

Several categories are not protected. Among these:

- Works that are not fixed in a tangible form of expression (e.g.: choreographic works that have not been written or recorded, improvisations etc.);

- Titles, names, short phrases, slogans, familiar symbols, designs, variations of typographic ornamentation, writings,  colors, lists of ingredients and contents;

- Works consisting entirely of information of public property and not original (e.g .: standard calendars, diagrams for heights and weights, meters and tape recorders, lists or tables taken from public documents or other sources, etc.).

Is it necessary to deposit the work at the Copyright Office in Washington to guarantee the copyright?

No deposit is required to obtain protection of the work. Copyright is guaranteed when the work is created and fixed on a tangible medium (e.g. books, digital media, musical scores, etc) allowing its use directly or by means of machines or devices.

Why deposit the work with the Copyright Office in Washington if protection is guaranteed automatically?

Above all to have the proof that the work is registered in a public register and to obtain a certificate of deposit. If the deposit is effected within 5 years after publication, registration constitutes, in the case of a judicial procedure in the United States, indisputable evidence of copyright validity.

Can foreigners deposit their works at the Copyright Office in Washington?

Yes. All the works which are protected under the copyright law of the United States may be deposited, including works of foreign origin. They protect all unpublished works, regardless of nationality. All works published for the first time in the United States or another country, with which the States have concluded a treaty on copyright, or that were created by a citizen or a resident of a country with which there is a treaty, are protected and can be deposited.

From which date does registration apply?

Registration starts from the date of receipt of the material by the Copyright Office in Washington, provided it has been correctly deposited.

How long does it take to receive the certificate of deposit?

The duration of the proceedings at the Copyright Office depends on the number of deposits received. Typically, the certificate is transmitted within 13 months from the date of dispatch.

In the case of loss of the certificate, is it possible to obtain a duplicate?

Yes, upon payment of the rights in the due measure.

Who is  authorized authorized to request the deposit?

- The author, that is, the one who created the work;

- The commissioner if the work was created on commission;

- The person who has contractually acquired rights of the work;

- Those who have acquired the individual rights of utilization of the work;

- The persons   authorized to act on behalf of the authors or other copyright applicants.

How can I conduct a research at the Copyright Office?

You can do research by directly applying to the Copyright Office in Washington.

How can I conduct a research at the Copyright Office?

More detailed information can be found on the Internet at the Copyright Office: www.loc.gov/copyright

 

When is a work considered “unpublished”? If the work has already been circulated but has not been marketed, can you benefit from the service for the deposit of unpublished works?

The work is considered unpublished until it leaves the author's control. Works that are considered as “published” are:

- A literary work published in print;

- A thesis already discussed;

- A web site which has been introduced into the network;

- A study presented in public at a conference;

- A painting published on greeting cards;

- The scheme of an event already done;

- Any work that has participated in competitions, selections, public readings, etc.

A precautionary deposit could be effective for:

- Poems read in the ambit of the immediate family;

- Music composed within the narrow confines of a music course for an instrument;

- Graphics and works of visual art which require the intervention of a collaborator other than the inventor.

Can the work of a deceased author who was not associated with the SIAE be deposited as unpublished?

Yes, it can, provided you produce appropriate documentation. In these cases it is advisable to first call the OLAF Section - Office for the Deposit of Unpublished Works.

What forms of deposit can the author use for software?

If the software is new, it can be deposited as an unpublished work at the Office for the Deposit of Unpublished Works in the OLAF Section in order to constitute proof of existence with a definite date; if it has already been published (that is, used or sold to third parties), it may be registered in the Special Public Register for Computer  schedule. In both cases it is not necessary to be associated with the SIAE.

Can only the title be deposited as an unpublished work?

No. The title is considered an integral part of the work from which , it cannot be separated.

Can a pseudonym be deposited?

No, the recognition of the pseudonym may be requested from the SIAE, but only as part of an associative relationship with the Company.

What is the maximum number of pages, support systems, photos that can be deposited on the same date as unpublished works?

There are no limits on quantity. It is, however, indispensable that the works deposited simultaneously are homogeneous: the same author or  authors, the same genre (for example, a collection of poems, or a theme and a script with the same title).

Can unpublished musical works be deposited on behalf of the performing group?

No. Performers are irrelevant for the purposes of the deposit. It is essential to indicate the authors of the musical work, namely those who have given their creative contribution to the realization of that work. The song (or songs) to be deposited can be recorded on a non-rewritable digital support system. The score can also be deposited.

Can an unpublished work created by an underage author  be deposited?

If the author has already turned 16, he/she can do it personally; otherwise, the form for the deposit (Form 350) must be compiled by the legal guardian acting as depositor, while the child will be indicated as the author.

Both must sign the afore-mentioned form and the deposited material.

The deposit for unpublished work is five years. In this period, can you make additions and modifications to the work in possession of the SIAE?

No. The work deposited at the Office for the Deposit of Unpublished Works is closed in a sealed envelope (on which is indicated - among other information - the starting date of the deposit), and cannot be re-opened for any reason. However, the depositor has the right, within five years, to ask for the restitution of the deposited work. With the withdrawal of the same the deposit and any relevant effects are annulled. In addition, the sealed package can be delivered to a judicial court upon request in the case of controversy over the authorship. Therefore, if within the five year term, the author needs to make additions or modifications to the deposited work, thereby changing the original work, the author may consider effectuating a new deposit procedure for the revised/updated work.

The work submitted as unpublished is kept for five years in a sealed envelope. Who does the sealing?

The application of the seal is carried out at the Office itself at the end of the deposit procedure, and in the case where all the requirements have been met.

When does the five year term of duration for the deposit of unpublished works start?

From the day when the work and all the required documentation arrive at the Directorate General of the SIAE (Section OLAF). The works and related documentation may be delivered to the door or sent to the Office by registered post to the following address: S.I.A.E. - General Management - OLAF Section Viale della Letteratura  30-00144 Rome.

Can an unpublished work be deposited in a local area office of the SIAE?

No. The work and its documentation must be transmitted over the counter or by mail exclusively to the competent Office for the Deposit of Unpublished Works at the OLAF Section of the Directorate General of the S.I.A.E. in Rome.

Can I request the restitution of the work?

Yes. A request for restitution can be made over the counter or by post, attaching the appropriate form (available at our Site and downloadable from this site), an identity document and the original certificate previously delivered to the depositor upon completion of the deposit. The restitution of the work at the counter must be requested prior telephone appointment (indicated in the contact section). When the depository term expires, unless restitution has been requested, the work will be destroyed.

What are the essential requirements for the deposit of a work to be valid?

In addition to the copy (signed) of the tax code, the identity document of the applicant, receipt of payment and the personal data written in a legible form, original and extended signatures are indispensable, both on the Form 350, and on every page of the work if on paper, or using a label or indelible pen applied directly to the non-rewritable CDs/DVDs.

What are the rights of economic utilization?

In the field of literary works, the main exploitation rights are:

• right of reproduction, that is, the multiplication in copies of the work by any means;

• right of distribution, that is, the dissemination over distances of the work (by radio, television, satellite or cable, on electronic networks , etc.);

• the distribution right, namely the right to place the work on the market;

• the rights to elaboration, i.e. the right to make modifications;

• right of public recitation or reading, that is, the law regarding the communication of the work to the public.

All these rights allow the author to authorize or not the use of his work and reap the economic benefits.

What does the protection provided by SIAE for literary works consist in?

• protection for all works by the author (or translator) for the rights in the following forms of utilization ("Small Literary Rights "):

to. radio or television broadcasting;

b. recitation or reading in public;

c. mechanical reproduction (on CDs, audio and video cassettes, CD-ROM, etc.).

d. reproduction and dissemination on electronic networks (Internet);

is. public communication;

f. reproduction by photocopying, or similar instruments.

The author can limit the protection to Small Literary Rights (P.D.L.), if desired.

I wrote a literary work, do I have to deposit it with the SIAE?

For broadcasting or computer networks, for public reading or mechanical reproduction, etc., you are not required to deposit the individual author's works with the SIAE. By joining the SIAE, all of the author’s works are  automatically assigned the Company’s protection.

I wrote a literary work, do I have to deposit it with the SIAE?

In order to safeguard the publishing contract, a copy of the book must, however, be deposited along with the appropriate declaration bulletin (Form 344/DE).

Why use the SIAE’s intermediation?

The author would experience great difficulty in personally controlling all the utilizations of his/her work in Italy and abroad, ensuring that all uses have been duly authorized and that the exploitation of the same comply with the terms defined by the contract with users.

The SIAE, in its role as a public body for the protection of authors’ rights, can also intervene through its territorial network, when there are abuses that undermine the rights of its associates, by challenging any unauthorized utilizations. Many proceeds, moreover, are at a flat rate (for example, utilizations in public institutions, private copies, etc.), and only the SIAE can effectively protect the rights of its associates. In addition, with regard to its relationships with large radio and television entities (RAI, Mediaset, TMC, etc.), the intermediation of the SIAE is particularly useful, as it can refer to tariffs agreed on between the parties.

If I deposit a work at the Office for the Deposit of Unpublished Works of the SIAE, do I automatically become an associate?

No, the Office for the Deposit of Unpublished Works is a service provided by the SIAE also to those who do not adhere to the Company as proof of the existence and stakeholdership of the work at the date of its deposit. The relationship that the author establishes with the SIAE for the economic protection of all his works is different.

Is the literary work also protected abroad?

Literary works are also protected by the SIAE in several foreign countries. The SIAE uses, in fact, the collaboration of foreign Companies for stakeholders with which they have concluded representation agreements. Currently, literary works are protected in the following countries: Austria, Belgium, France, Great Britain, Greece, Yugoslavia, the Netherlands, Peru, Portugal, Russia, Spain, South Africa, Switzerland and Hungary.

What should I do to translate a foreign work?

To translate a literary work, you need to get the original work from the author or whoever owns the rights.   Authorization is not required if the work falls into the public domain.

Can I receive rights as a translator of foreign works?

The translator of a literary work is protected for the various forms of utilizations of his translation.

Do I have to inform the SIAE if I hear about utilizations of my work?

Yes, it is a good thing to inform the SIAE each time that you hear about   utilizations of one of your works, to facilitate us in our administration and control of the protected repertoire.

When are the stakeholders’ rights liquidated?

The proceeds from stakeholders’ rights, collected by the SIAE, are liquidated to the legal holders every six months in June and December.

How much does the SIAE collect for the public reading of my works?

The proceeds from the rights depend on whether the reading or recitation in public is a paid or free event. In addition, the SIAE tariffs take into account the capacity of the premises in which the event takes place. The SIAE takes 10% on profits, applying minimum guaranteed rates. The rights received are then divided among the various works used during the event. For free events the same minimum tariffs are applied as for the paid events. Different policies apply when works from repertoires administered by other sections of the SIAE are used (e.g. musical compositions, theatrical works, etc.).

How much does the SIAE collect for the reproduction of my work on CD-ROM?

The rate for the use of literary works on CD-ROM and CD-I is calculated on the tariff scheme (DMM OLAF 1/3 -DMM 1/4 OLAF).

How much does the SIAE collect for the reproduction of literary works on CD-ROM or tape?

The SIAE receives a rate of 9.009% on the manufacturers' price for retailers, for the reproduction of literary works on CD or audio tapes.  For example, if a CD has a list price of EUR 10.33 (ITL 20,000), the tariff is EUR 0.93 (Lire 1,800). The remuneration for the author is calculated in proportion to the duration of the repertoire used with respect to the total duration of the support system. If the CD or tape also contains background music, the compensation for the literary work is reduced by 1/3 (portion due to the music).

How much does the SIAE collect for the reproduction of literary works on videotape?

In this case the rate applied is 10% of the published price on producers’ lists for retailers.

How much commission does the SIAE withhold from proceeds?

The commission retained by the SIAE varies according to the type of utilization of the work:

• publishing rights (supervision of publishing contracts): 3%;

• reading or recitation in public ( "small literary rights"): 8%;

• reproduction on discs, CDs and audio tapes: 10%;

• reproduction on videotape, CD-ROM and Internet   utilizations: 18%;

• TV broadcasting: 14%;

• rights from abroad: 3%.

The "mandate" is also expected to pay an additional commission of 3% on net amounts. As regards the editorial rights, however, the additional commission is 1%.

Who should I contact to apply the SIAE  stamps on the books?

The SIAE stamps for books must be requested via email by writing to the following address:

DRMcentralizzato.mfv@siae.it (to which the completed application forms must be attached, signed and scanned) while the withdrawal can be made at the SIAE Office: Ancona, Bari, Bologna, Cagliari, Catania, Florence, Genoa, Milan, Naples, Palermo, Perugia, Rome-Eur, Turin, Trieste, Venice-Mestre, Verona.

Is it true that through the SIAE a work can be deposited at the Copyright Office in Washington?

Yes, it is a guaranteed service by the SIAE to non-members. In this case, the SIAE acts as an intermediary between the depositor and the Copyright Office in Washington. For further information you can consult the Copyright Office site: www.loc.gov/copyright.

How much do you pay for this service?

The remuneration to be paid to the SIAE for this service is specified under tariffs.

I am a tour guide and I would like to make my tours more interesting by integrating them with reading literary passages related to places visited. Am I required to pay royalties?

In general, the rights for reciting literary works is an exclusive right of the author, so   authorization from the SIAE is always necessary. In particular, the SIAE intermediates the rights of the works of associated stakeholders, published by associated publishers or foreign stakeholders if used in the Italian version of a translator associated with the SIAE.

Can I record a program on a floppy disk?

No, you need an optical support system (CD-ROM or DVD).

Do you have to deposit the source code or the executable?

There are no rules that specify this. The person who deposits the software can choose.  Taking into account the judgments on the subject, it would be preferable to deposit source codes.

Where can you get the necessary forms for the first recording (Form 349) or for the transcript of the proceedings (Form 346) related to the software?

The Forms are only available at the Head Office in Rome, but can be downloaded from the Form section if the website.

How much does it cost to register a software?

The amounts due are shown in the "tariff" section.

How do you know who is the owner of a software? How can you know which software is registered to a company owner?

You can ask to view the software register. The cost varies depending on the number of copies requested. For additional information, please telephone the competent office.

Which SIAE office must be contacted for submission of software programs?

The Public Registry for Computer  Programs at the OLAF Section of the SIAE, Directorate General in Rome, to which  software  programs and the necessary documentation (the  programs recorded on digital support systems, the required Form and the receipt of Payment according to tariff scheme) can be delivered at the counter during the hours open to the public or sent by registered post to the following address: The Special Public Registry for Computer  programs - SIAE Directorate General OLAF Section Viale della Letterature 30 – 00144 Rome.

Condition for registration is that the software has already been published. What is meant by “published”?

By published we mean the first act of exercising of the economic rights of a software program: e.g. the first act of transfer of rights, the first economic exploitation by the author, the implementation of the program on the company workstations for which it was created, its public presentation, etc. So it is essential that the location (municipality) and the date of publication (day, month and year) be indicated on the registration form (Form 349).

Who is the author of the software? What are the rights of the authors?

The author is the person who created the program, and who holds the moral rights and the financial exploitation rights. If the author is an employee who created the software in the context of a contractual relationship, the economic exploitation rights belong to the employer.

How do you deposit a work in the Opera Section?

For each work  deposited, you must send the declaration bulletin (Form 242) duly completed. This declaration must be accompanied by a complete copy of the work in all its components:

•             for the musical part: score for orchestra or reduction for the piano (in the case of electronic music you can deposit the recording);

•             for the literary part: the script;

•             for the choreographic part: video recording.

Must a tariff be paid for each deposit?

No, the service charge is included in the annual membership tariff.

Are associates with the Opera Section protected abroad?

The Section protects its associates abroad through the Companies of Authors with whom he has signed reciprocal representation agreements.

Is it compulsory for all co-authors to be associated with the SIAE in order to deposit a work?

No, it is sufficient that at least one of the legal holders (authors, publishers, heirs, principals) is associated. In this case, however, the member is responsible for the receipt of the royalties for the non associates, and must sign a disclaimer to free the SIAE from any liability.

How are the royalties distributed among the beneficiaries of the same work?

The distribution of royalties are agreed upon between the parties concerned. However, in the distribution of the royalties, a minimum quota needs to be put aside for the composer and the author of the literary or choreographic part. If these quotas are not met the declaration bulletin is not considered valid.

Can arrangements of works by other authors be deposited?

Yes. It is necessary, however, to distinguish whether the work is still protected or if it has fallen into the public domain. In the first case the authorization of the original author or his entitled successors is always needed. If, on the other hand, the work has fallen into the public domain, that is, if 70 years have passed since death of the last surviving co-author, the work can be freely elaborated.

How is the elaboration of a protected work deposited?

The same as a normal deposit, by sending the declaration bulletin, however, signed also by the legal holders of the original work, and a copy of the elaborated version.

How do you deposit the elaboration of a public domain work?

In addition to the declaration bulletin, signed in this case only by the elaborator, you must deposit a complete copy of the elaboration, an original copy of the work and a detailed report in which the different types of interventions are described.

Can all types of elaborated public domain works be protected?

They can only be protected by elaborations of a "creative" nature. For this reason the elaborations of Public Domain works deposited at the Opera Section, before being taken under protection, are reviewed by a special commission of experts. This examination is designed to ensure that the interventions made by the elaborator on the work have the original creative nature prescribed by law. In the absence of such requirement, the elaboration is not taken under protection.

Can royalties be collected for radio or television broadcasts of the elaborations?

Yes. The extent of such compensation is determined, as in the original works, by agreements between the SIAE and the broadcasters.

How do you deposit a choreographic work?

By sending the declaration bulletin and a video reproduction of the work and, if pre-existing music is used, the list of the songs used.

In addition to the ballets that constitute works in their own right, is the choreography included among the various theater genres also eligible for protection?

Currently, the Opera section also protects the choreography integrated in plays, in the opera and in musicals.

In all these cases the choreographer deposits his work independently of the other authors. For the choreography there is a separate payment, in addition to what is normally required for theatrical genre submissions.

What are the "critical editions"?

They are the product of research and study that the critic does on the various available sources of a given work to bring it back to its original connotation, choosing the variants, eliminating arbitrary acts that have stratified over time, correcting errors, interpreting the unclear steps and reconstructing missing or incomplete parts.

Do the critical editions benefit from the same form of protection as the original works?

Critical editions enjoy a "related rights" benefits. The term of protection is 20 years from the date of the first publication. In Italy, the protection of critical editions is relatively recent, having been introduced in 1997.

How do you deposit a critical edition of a public domain work?

By submitting to the Opera Section a mandate contract for the collection of the rights. A copy of the critical edition with its critical apparatus must be attached to this form.

What other Sections, other than the Opera, collect the royalties of the critical editions?

The collection of royalties for the critical edition is carried out, as far as regards the musical genres, only by Opera Section, which can therefore collect royalties not only for the works belonging to the genre of its competence, but also for those administered by other Sections (operettas, symphonic works, chamber music and so on.).

Is the service of collection of the royalties for the utilization of critical editions restricted to associates?

No, the Opera Section also performs services for the non-associates of the SIAE on payment of an administrative tariff.

Can the collection of the charges for the rental of the parts of the orchestra be mandated to the SIAE?

If the member so wishes, yes. This service, as part of the SIAE, is carried out only by the Opera Section, which can then collect equipment rental rights not only for works belonging to the genre of its competence, but also for those administered by other Sections, whether protected or in the public domain.

When are the proceeds for authors’ rights paid?

The liquidation of Opera royalties for all the types of use takes place every four months according to the following indicative format:

First period (months January-February-March-April) August liquidation

Second period (months May- June July-August) December liquidation

Third period (months September - October - November - December) liquidation in April the following year.

Payments in favour of authors are performed on a quarterly basis and only for balances higher than 15,00 Euro. Any amount below this figure is set aside on their behalf until the 15,00 euro minimum sum is reached.

How does the distribution of the proceeds received by the SIAE among the works used in the various sectors occur?

The distribution rules are dictated, for the various sectors (live representations, Broadcasting, Abroad, etc.), by an annual measure called the "Distribution Ordinance", adopted by the Board of Management on the opinion of the DOR and Opera tariffs Section. The Distribution Ordinances are available on this site.

The Distribution Ordinance normally includes the rule that the receipts are allocated to each single work used.

For each work the allotted amounts are then divided among the beneficiaries (authors, editors, choreographers) according to the quotas indicated in their declaration bulletins.

What are proportional allocations?

There are proceeds that cannot be distributed in analytical and comprehensive way on the basis of the details of the works used (financial statements and reports). These amounts are distributed through an analytical indirect Distribution in proportion to the proceeds accounted for, to the associate or mandate for the specific types of utilizations (e.g. Shops, Private Copy).

How can I check the proceeds that are paid to me by the Company?

At the same time as the quarterly payments, the Company sends to members and principals a detailed statement of the uses and the proceeds, together with a sheet of explanatory notes. The statement can be obtained via e-mail in digital form or on paper.

If I verify that the periodic payments and statements that I receive show that the proceeds of certain works or certain uses are missing, what can I do?

At the outcome of the payments and financial statements you can submit the reports or complaints or verification requests to the competent distribution office, by e-mail or ticket through the services of the Authors and Publishers Site. Reports and complaints must contain the  necessary information to timely identify the missing utilization (e.g. date and place of the event and name of the artist, producer and title of the record or audiovisual products, radio or television station accompanied by the title and date of the program, time of passage etc.). Any generic claims not supported by  data relating to the utilization reported missing cannot be processed by the offices. Complaints concerning the results of distribution must be submitted as a rule within 60 days of receipt of the financial statements.

Does the SIAE protect my works also for use abroad?

Yes, through the Companies of Authors of the different countries with which the Section has reciprocal representation contracts. It is, however, essential that the work used abroad is declared and submitted to the DOR Lyric Section although created in collaboration with foreign authors submitting to other companies.

What methods of payment are provided by the company?

Payments can be made via: Bank /postal transfer onto current account or prepaid card to receive transfers or Postal Orders.

How will my royalties be liquidated?

If you have not communicated one of the payment methods provided by the SIAE, the payment will be made by Postal Order.

How can I change the method of payment?

The communication of the new mode can be done by downloading the appropriate form (method of payment changes) on the SIAE site or site if registered. The form, in any case must be completed, signed and returned to the Office indicated on the form, attaching a photocopy of an identity document.

Why don’t the amounts paid coincide with the accrued royalties?

Normally, the revenues for accrued royalties are paid net of charges for membership tariffs,

tax duties and, in the case of Associate members, net of any related withholding tax. The details of the transactions are indicated on the statement for the reference period of each four-monthly statement and on the Associates Site (if previously registered) under the heading "account statement."

Where can I see the net amount paid?

The net amount paid can be found in the balance statement relative to payments, and on the Associates Site, if previously registered, under "PAID TO BALANCE" flanked by the respective date of execution.

What should I do if I have not received the payment by bank transfer?

After a reasonable lapse of time (about a month after the payment), and ascertained from your bank the non-receipt of the amount paid, a report should be submitted to the DOR OPERA Accounting Office, signed by the person in question, in order to initiate the appropriate search proceedings.

What happens if I do not cash the Postal Order within the time limits?

In the case payment by postal transfer is not withdrawn within the period prescribed by the Italian Post Office (usually 30 days from date of issue), the sum refunded by the Post Office will be accredited to the established person.

Is it possible to have copies of deposited works?

Yes, you can request copies of deposited works by justifying your demand to the author or any other interested party. In this case, however, you need the   authorization of the legal holder. The cost of this service is €0,12 per page plus a fixed rate for procedural tariffs € 5.00 for authors and € 9.30 for the other subjects, plus VAT.

Must a tariff be paid for each single deposit?

No, the service charge is included in the annual tariff paid by the associate.

Does registration with the DOR Section for "theater" also apply to the broadcast works, and vice versa?

Yes, the deposit of a work counts as registration for all the genres protected by the Section.

How do you protect a foreign work translated into Italian?

The foreign work is protected in three different ways: directly from SIAE, if the author of the work is associated with a sister Company; through a dealership of the rights enrolled with the SIAE, who works on behalf of the original author on a contract basis; through the translator associated with the SIAE, who, after   authorization to translate from the foreign author, deposits the work to the Company.

Can I elaborate a pre-existing work?

You must find out whether the pre-existing work is still protected, or if it has  fallen into the public domain. In the first case, the author’s permission, or that of his successors who may reserve for itself a share of the authors’ rights, is needed. If the work has fallen into the public domain (if, that is, 70 years have passed since the death of the authors), authorisation is not necessary.

How do I deposit the elaboration of a pre-existing work?

If the pre-existing work is protected, for the deposit you need the authorisation of the original author.

If the pre-existing work is in the public domain, for protection the elaboration needs to present the minimum requirements of creativity, which are verified by the Section. In the latter case, you need to deposit the elaborated work, the original work and a detailed report outlining the interventions made.

How is the playwright protected abroad?

The SIAE protects its members abroad through the Companies of foreign authors with whom he has a reciprocal relationship representation. In cases where there are no such relationships, the authors can protect themselves directly. The Section, at the request of the authors can take steps to follow the   utilizations of their works even in territories "not covered" by sister companies.

Can I deposit a Format?

Yes, you can, bearing in mind the following distinction:

Associated Authors: can deposit formats of theatrical plays and radio/televised works, provided they are unpublished, without paying any administrative tariffs.

Authors and/or not associated legal holders: they can only deposit the radio/televised format, provided they are unpublished, after payment of administrative tariffs for €25.00 + VAT. For legal holders we intend those who, for various reasons, own the rights of financial exploitation of the format.

Can I subscribe by depositing a Format?

No, because the format is, by its very nature, a project for a work not yet come into effective being through the representation or other forms of use. Its deposit has only a cautionary function to protect the priority of the idea.

Does the DOR Section protect the "Musical"?

Yes. Among the works assigned to DOR is the protection of the "Musical", defined as a "music show with a preponderance of music composed specifically for the musical, performed in the form of a representation, which is articulated around a plot, though tenuous, consisting wholly or predominantly of sung texts".

When and how am I paid the proceeds for the public uses of my plays?

The DOR Section makes four quarterly payments: in June the proceeds relating to the use of the works that took place during the first quarter of the year are settled, in September those relating to use of works during the second quarter, in January of the following year those relating to use of the works in the third quarter and in March of the following year those relating to use of the works in the fourth quarter. Please note, however, that there are some sectors that follow different schedules.

How are the proceeds received by the SIAE distributed among the works used in the various sectors?

The distribution rules are dictated, for the various sectors (live representations, Broadcasting, Abroad, etc.), by an annual measure called the "Distribution Ordinance", adopted by the Board of Management on the opinion of the DOR and Opera tariffs Section. The ordinance for the distribution for DOR and for Opera are available on this site (here).

The Distribution Ordinance normally includes the rule that the proceeds are allocated to each single work used.

For each work the allotted amounts are then divided among the beneficiaries (authors, editors, choreographers) according to the quotas indicated in their declaration bulletins.

What are the proportional distributions?

These are proceeds that cannot be distributed in an analytical and comprehensive way on the basis of the details of the works used (financial statements and reports). These amounts are distributed, through an indirect analytical distribution in proportion to the proceeds accounted for, to the associate or mandate for the specific types of utilizations (e.g. Shops, Private Copy).

If I verify that the periodic payments and statements that I receive show that the proceeds of certain works or certain uses are missing, what can I do?

Once payments and the financial statements have been issued, you can submit the reports or complaints or verification requests to the competent distribution office, by e-mail or ticket through the services of the Authors and Publishers Site. Reports and complaints must contain the necessary information  to timely identify the missing utilization (e.g. date and place of the event and name of the artist, producer and title of the record or audiovisual products, radio or television station accompanied by the title and date of the program, time of passage etc ..). Any generic claims  not supported by data relating to the utilization reported missing cannot be processed by the offices. Complaints concerning the results of distribution must be submitted as a rule within 60 days of receipt of the financial statements.

Does the SIAE protect my works also for use abroad?

Yes, through the Companies of Authors of the different countries with which the Section has reciprocal representation contracts. It is, however, essential that the work used abroad is declared and submitted to the DOR Lyric Section even if it is created in collaboration with foreign authors submitting to other companies.

When are the proceeds for authors’ rights paid?

The liquidation of the OPERA royalties for all the types of utilization takes place every four months according to the following indicative format:

First period (months January-February-March-April) August liquidation

Second period (months May- June July-August) December liquidation

Third period (months September - October - November - December) liquidation in April the following  year.

Payments in favour of the authors are only liquidated for balances higher than 15,00 Euro quarterly. The amounts below that figure are set aside on their behalf until the 15,00 euro limit is reached.

What methods of payment are provided by the company?

Payments can be made via: Bank /postal transfer onto current account or prepaid card valid for receiving transfers or Postal Orders.

How will my royalties be liquidated?

If you have not communicated one of the payment methods provided by the SIAE, the payment will be made by Postal Order.

How can I change the method of payment?

The communication of the new mode can be done by downloading the appropriate form (changes in method of payment) on the SIAE site or site if registered. The form, in any case, must be completed, signed and returned to the Office indicated on the form, attaching a photocopy of an identity document.

Why do the amounts paid not coincide with the accrued royalties?

Normally, the revenues for accrued royalties are paid net of charges for membership tariffs,

tax duties and, in the case of Associate members, net of any related withholding tax. The details of the transactions are indicated on the statement for the reference period of each four-monthly statement and on the Associates Site (if previously registered) under the heading "account statement."

Where can I see the net amount paid?

The net amount paid can be found in the balance statement relative to the six-monthly payments, and on the Associates Site, if previously registered, under "PAID TO BALANCE" flanked by the respective date of execution.

What should I do if I have not received the payment by bank transfer?

After a reasonable lapse of time (about a month after the payment), and ascertained from your bank the non-receipt of the amount paid, a report should be submitted to the Music Division Accounting Office,

Opera DOR-a signed by the person in question, in order to initiate the appropriate search proceedings.

What happens if I do not cash the Postal Order within the time limits?

If Postal Order is not withdrawn within the period prescribed by the Italian Post Office (usually 30 days from date of issue), the sum refunded by the Post Office will be accredited to the person in question. 

Musical works

Deposit of Musical Works

What is a musical work?

By musical work we mean a musical composition with or without lyrics. Therefore, the registration of a work at the Music Division is not allowed if is composed of lyrics only and lacks of a musical part.

Why register a musical work at SIAE?

When a musical work is registered, SIAE receives the mandate to administer public performing and mechanical reproduction rights in order to distribute to the rightholders any income collected from the usages of their works. SIAE provides the required authorizations for the use of works in various forms (concerts, radio/TV, online, etc.), collects the royalties and distributes them among the rightholders.

As stated in the General Rules and Regulations, members are required to promptly register all their works intended for public use.

What do the codes on the works registration form “Modello 112” refer to?

The codes set out in the registration Form “Modello 112” have the following meanings:

• CO: Music Composer;

• AO: Author of the lyrics;

• EL: Arranger of the musical part of a pre-existing work (Public Domain or still under protection);

• SA (Sub-Authors): adaptor/translator of the lyrics of a protected pre-existing work of foreign origin or of a pre-existing work in the public domain;

• OE: Original Publisher;

• SE: Sub-Publisher of foreign works.

What is the "IPI Code" (or "CAE Code")?

The IPI (or CAE) code is the international code identifying each rightholder, member of a Society of Authors.

In case of a work created in collaboration with a member of a foreign Society of Authors, we advise to indicate this code instead of your SIAE position.

By using the Form “Modello 112” guided compilation on the Authors and Publishers Portal, you can consult the International IPI codes archive.

What are DEM and DRM shares?

By the acronym DEM (Musical Performing Rights) we mean the share of revenue relating to the public performing rights of the work, expressed in 24ths.

The acronym DRM (Mechanical Reproduction Rights) refers to the share of revenue for the reproduction rights on audio and video devices such as CDs and DVDs. It is expressed as a percentage.

Shares are directly set by the work rightholders according to their agreement and in respect of SIAE minimum shares. All the "Instructions and warnings" and the "Shares assignment rules” attached to the Form “Modello 112” shall be respected when compiling it.

How to register the score?

The score is a necessary document for the work registration; it must be presented on handwritten or printed staff. Records (Compact Disk) are allowed for the following musical genres:

• Electronic music (electronic music does not mean music composed by electronic instruments; it refers to a specific type of composition in which the electronic processing of the sound makes the identification of the pitch and duration of the notes difficult or impossible. Therefore, if sounds realized with the computer simulate real instruments it is not considered as electronic music compositions, but as a pop music work to be transcribed). 

• Concrete music (meaning music not made up of sounds from traditional instruments, but of pre-existing sound elements, recorded and manipulated in different ways).

In any case, in addition to the score, a record (Compact Disk) can also be registered in case the work contains sound effects or other elements impossible to transcribe.

Although melody transcription is the minimum requirement set by the Music Division for work registration, members should register a score as complete as possible to allow the correct identification of the work.

Sub-published foreign works registration does not need the score.

Where can I register musical works?

Musical works can be registered:

- By mail: the package, including all the required documents, can be sent to: SIAE - Music Division, Viale della Letteratura, 30 - 00144 Rome (we recommend sending the package by registered mail with return receipt);

- Directly at the Authors Offices, at the Branch Offices in Bari, Bologna, Bolzano, Cagliari, Genoa, Milan, Naples, Palermo and Rome, as well as at the SIAE Headquarters in Rome.

Direct deposit allows members to immediately receive a receipt showing the repertoire code assigned to the work registration form.

With regard to a work registration sent by mail, how long does it take to get the receipt with the repertoire code assigned to the work?

Normally within one working month from the date of arrival of the documentation to SIAE. However, time may be subject to some variations depending on the amount of documents. In any case, all the work registration forms received are processed by the end of the semester in which they have been delivered.

For a work to be considered protected by SIAE, do all the Authors and Publishers need to be either SIAE or other Authors Society members? No. Pursuant to Article 32, par. 6, of SIAE’s General Rules and Regulations, a work can be registered at the Music Division even when some of its authors and composers are not members of the Music Division, nor members of a foreign Society of Authors which the collecting societies with whom SIAE signed reciprocal rappresentation agreements, as long as exploitation rights belong to rightholders who are SIAE members. In this case, the additional form "Dichiarazione Liberatoria” (waiver) will have to be attached to the work registration Form “Modello 112”, filled out and signed by SIAE members; by doing so, they claim the ownership of the exploitation rights of the work and assume full responsibility, to all effects, as to what is being declared.

The work registration form must include names and shares of all the non members, but only SIAE members need to sign it.

How should I register a work where, in addition to SIAE members, other authors or publishers, members of foreign Societies of Authors are involved?

In case of a “mixed work” (a work whose authors and publishers are SIAE members jointly with members of foreign Societies of Authors), SIAE members have to register their work by compiling “Modello 112” with the indication of all the rightholders and their relevant shares specifying (for foreign authors and publishers) the international code IPI/CAE if available or, at least, the Society of Authors to which they belong.

The work registration Form “Modello 112” must be signed by SIAE members only. The work score, together with the lyrics, have to be presented too. Each foreign rightholder will register the work at the Society they belong to with the same data and shares.

I have collaborated with a member of a foreign Society of Authors. Is the registration made at his Sister Society enough?

No. For the so-called "mixed works", each member must register the work at his/her Society of Authors.

We are a group of members of the Music Division composing our works together. Do we have to equally split the shares?

Shares assignment can be done in accordance with your own agreements, choosing to assign them respecting the actual contribution of each creator for the realization of the work or deciding to equally split the royalties. In all cases, such sub-divisions must comply with the minimum shares specified in the "Instructions and warnings" and "Shares assignment rules " attached to Form “Modello 112”.

Is the work registration free?

The work registration at the Music Division is free of charge, except for arrangements of public domain works, subject to the payment of €12,40 + VAT 22% as administration rate.

How many works can I register in a year?

There is no fixed limit for the work registration. Members are required to promptly register all their works intended for public use (General Rules and Regulations, Art. 2, paragraph 3).

This is, of course, in their own interest in order to obtain revenues from utilizations, if any.

Do I have to renew the work registration after a certain period of time?

No, this is not necessary.

Can I register lyrics not yet set to music?

No. The Music Division accepts musical works only (with lyrics, if any). Lyrics not yet set to music, however, can be registered, only for precautionary reasons, at the Unpublished Works Registration Office (service offered by the OLAF section also to non-members), with a five-year protection period.

What should the music score contain?

Since the melody transcription is the minimum requirement for the registration of a musical work at the Music Division, pop music compositions are usually transcribed in their essential and invariable elements: the melody, the fundamental chords and the introductions or instrumental interludes, if any, that help to characterize the composition.

Classical music is generally written in its entirety. However, if the composer, for practical reasons, prefers to submit concise copies, the registration will be considered valid as long as the score describes the work well enough.

How do I register a work made up of sections that can be transcribed and sections that cannot be transcribed at all?

In cases like this, we accept both the score and the record (CD) in order to document the work in its entirety.

I compose songs with a musical instrument accompaniment, but I have no music knowledge, so I am helped by an arranger to create a complete and well-structured work. Do I have to grant him some rights?

The arranger may be considered as a composer of the work if he creatively contributes to the final work and, therefore, he can be included among the rights-holders as a Composer.

How can I register musical improvisations?  Is the full transcript on the music sheet required?

In case of improvisations, we recommend to write at least the most identifiable and easily reproducible parts of the work on the score. The registration must be done using the Work Registration Form “Modello 112”.

 

Musical Works Data change

How can I change the data of a work already registered?

It depends on the specific situation. In some cases, you need a new work registration Form “Modello 112”, together with some other forms or documents. Please refer to section “Modify a work” at the following link www.siae.it/en/autori-ed-editori/music/the-depositing-of-a-work.

 

Irregular registrations

What is an "irregular work" or "irregular registration"?

"Irregular work" or "irregular registration" means a work whose registration was incomplete or incorrect. Your irregular works and the specific instructions for rectification are available on the Authors and Publishers Portal. Any accrued revenue will be paid when the registration has been rectified.

What are the most common reasons causing an "irregular registration"?

The most common reasons are:

• lack of the handwritten and legible signature, or of the publisher stamp in the signature’s space;

• non-assignment of distribution shares for public performing (DEM) and mechanical reproduction (DRM) rights;

• lack of rightholder’s names;

• erroneous assignment of distribution shares for public performing (DEM) and mechanical reproduction  (DRM) rights;

• lack of the score and/or lyrics (if any);

• discrepancy between the rightholders declared on the registration Form “Modello 112” and those on the score/lyrics;

• homonymy with works already registered (article 34 paragraph 1 of the General Rules and Regulations);

• presence of deletions or abrasions.

How can I rectify an irregular registration?

You will need to follow the instructions ("Solution") on the Authors and Publishers Portal, or the information directly provided by the Documentation Department (by mail/email).

I have to send some documents to rectify a work registration. Can I send them by e-mail or fax?

It depends: if rights-holders signatures are required, it will not be possible to send the documents via e-mail or fax, because the documents will have to be oroginally signed.

Once a registration has been rectified, when will I get the royalties?

Any revenue accrued from works whose registration was irregular will be paid on the first distribution after the rectification.

 

Request for Documentation

How can I request data such as the list of my repertoire or copies of the work registration forms and of documentation concerning my musical works?

You can directly consult all the information related to your repertoire through the Authors and Publishers Portal.

Copies of the work registration forms and other documents relating to your musical works can be requested by email (only if your email address is already registerd in SIAE database) or by filling in the "Request for Copies" Form, to be sent by mail to SIAE Music Division, Viale della Letteratura, 30 - 00144 Roma, or by fax (0659902358). The request can be personally made to the Authors Office at SIAE’s Headquarters and the Branch Offices in Bari, Bologna, Bolzano, Cagliari, Genoa, Milan, Naples, Palermo and Rome.

The requested documentation will be released upon payment of the administration costs.

Can I request the return of the original work registration form?

No, these documents are registered and they necessarily stay in the Society’s archives. However, you can request a copy of the needed documentation.

 

Further information

I believe I am a victim of plagiarism. What SIAE can do?

The judicial authority, the only jurisdiction responsible for ascertaining and punishing this crime, must necessarily evaluate plagiarism. SIAE, however, provides any available documentation and information requested by the judicial authority and is obliged to comply with its decisions.

What can SIAE do in case of actual similarities between musical works?

SIAE protects musical works on the basis of the declarations of its members, responsible for the authenticity of their statements.

Due to SIAE’s neutrality with respect to its members, such situations cannot be investigated or advised. If necessary, SIAE can only request proof of the declared rights (art. 23 of the General Regulations).

Can I use part of an existing work made by other authors?

In order to use part of an existing work, a permission from its rightholders is required (usually you have to contact the publisher, if any).

If granted, the work registration form of the new work shall include all the rightholders of the pre-existing work (their signatures are also required if they are SIAE members).

What is the "ISWC” code?

The ISWC (International Standard Work Code) is an international code that uniquely identifies a musical work all over the world. The International Confederation of Societies of Authors and Publishers (CISAC) assigns this code. For more details go to  www.iswc.org.

How long does it take to assign an “ISWC” code to a work?

The ISWC code assignment requires a period of time after the work registration. Usually it takes about two months from the publication of the work on the operemusicali.siae.it. public database. If the work still does not have an ISWC code after this period, you can contact the Documentation Department to request the assignment.

When does a work fall into the public domain?

In general (according to the Italian and the European Union law), a work falls into the public domain, and so can be freely used, 70 years after the death of its author. In case of joint authorship, the calculation starts from the year of the death of the last surviving author. To get precise information on the legal status of a work please to contact the Documentation Department of the Music Division.

Does SIAE protect musical works even when the lyrics or music are graphically represented, for example in books, magazines, music scores, etc.?

No, the reproduction of musical works in print or graphics is not included in the SIAE mandate. Therefore, these uses are directly authorized by the rightsholders.

 

Soundtracks

How do I register the soundtrack of an audiovisual work?

To register the soundtrack of an audiovisual work, the following documents are required:

1) The film, TV series, TV films and television documentaries (Italian productions) "music program" by compiling:

- Form 109, in case of a cinematographic work. In the first part of the form, write the film details (ministerial clearance, premiere, etc.). Then indicate the list of the musical works (each one with its title, composer/publisher and the music duration expressed in seconds) in the soundtrack according to the scene sequence. Also, indicate the total duration of the soundtrack.

- Form 109TF if it is a series work, TV film, television documentary or cartoon. In the first part of the form indicate the details of the television production and, in particular, the date and the first broadcaster; then the list of the works (each one with its title, composer/publisher and the music duration in seconds) in the soundtrack according to the scene sequence. Also, indicate the total duration of the soundtrack.

Both forms 109/109TF will have to be originally signed (the producer stamp is required too) and then sent in the same ways as the work registration Form “Modello 112”.

2) A single work registration Form “Modello 112” for the musical works especially created for that soundtrack.

Should the musical compositions within the soundtrack be also intended for autonomous use (having, therefore, a separate title), they have to be registered separately (one registration form “Modello 112” for each work, writing the film title too).

I would like to make a film/documentary/movie, using some music from SIAE repertoire. What should I do?

In order to use a pre-existing musical work in the soundtrack of a film, video, audio-visual work, feature or short film, etc., you need to obtain a previous authorization for such use (the so-called "synchronization").

This authorization will be asked directly to the owners of the works (generally music publishers or, in case of unpublished works, to the authors). The economic terms are established and agreed by rightholders.

In addition, when using pre-existing recording of a protected work, rights from the record producer must be cleared.

Once the audiovisual product has been realized, a specific license request to SIAE should be asked.

 

Distribution, Payments and Statements

Distribution of royalties - Schedules

When and how will I receive the royalties for the public usages of my works?

SIAE’s Music Division distributes royalties twice a year: in January and July. Each distribution refers to usages related to the previous semester. However, the distribution of some usages follows different schedules due to the need to acquire and properly check the musical works usage reports.

 

Proceeds distribution modes

How are the proceeds received by SIAE for the various types of utilization of musical works allocated?

The rules for distribution are set down, for the different sectors (the so-called "classes"), by an annual measure called the "Distribution Ordinance", adopted by the Board of Management on advice of the Commission’s Music Division. The Ordinance is published on the SIAE website. The Distribution Ordinance normally includes the rule that the proceeds be attributed to the individual work used. For each single work the allotted amounts are divided among the beneficiaries
(Authors, composers, publishers) based on the quota indicated in their statement bulletins.

 

Utilization of the Works and Distribution Classes

What are distribution classes?

The term class is used in the distribution rules (Distribution Ordinance) to distinguish different sectors of utilization of the works, each characterized by specific procedures.

The distribution Classes are as follows:

Class 1a - Dancing with live or recorded music and "small concerts" (piano bar and similar entertainments).
Class 2 - Films, cinema

Class 3 - Radio Television Broadcasting

Class 4 - Concerts, bands, choirs and various public performances not included in Class 1

Class 5 - Reproduction Rights: records, DVDs, audio and audiovisual media in general and recording fees

Class 6 - Online and telephone use: streaming, downloading, webcasting etc.

Abroad - any type of utilization of the works abroad.

 

Supplementary distributions

What are supplementary distributions?

There are proceeds that cannot be allocated in an analytical and comprehensive way on the basis of the details of the works used (reports and music programs) or even, sometimes, for reasons of cost management. These amounts are allocated, through specific Supplementary Distributions in proportion to the analytically accounted for proceeds (based on the programming details), to the  associate member or mandate member for specific types of uses. There are ordinary Supplementary Distributions (as stated in the Distribution Ordinance) and Extraordinary Supplementary Distributions, decided on case by case. The Supplementary Distributions are not detailed according to the work but are accounted for as separate sums in the summary pages of the interim Reports. In the Precautionary Sheet accompanying the interim Reports the motivations and characteristics of each Supplementary Distribution is described.

 

Savings deposits for Cultural and Solidarity Purposes

What are the "Bonuses"?

In the ambit of the cultural activities of the Company as support and impetus to the national arts, and in order to promote concert compositions, the musical heritage of the past and the diffusion of the Italian repertoire abroad, we have foreseen the distribution of a sort of insurance in the form of bonuses on accrued proceeds, for example for concerts of cultured music, for feature films, for the so-called "evergreen" musical works, and for certain proceeds from abroad. Further information can be found in the "Precautionary" sheet attached to the interim report or by contacting the Distribution Office in the Music Division.

 

Reporting the Accrued Income

How can I check the proceeds that are paid to me by the Company?

In parallel with the interim payments, the Company sends to associate and mandate members a detailed statement of the uses and the proceeds collected, together with explanatory notes. The statement can be obtained via e-mail in digital format or in print, or acquired directly through the services of the Authors and Publishers Portal.

 

Complaints

If I verify that in the payments and interim reports that I receive there are no proceeds relating to the utilization of certain works, what can I do?

In these cases on arrival of the results of the interim payments and interim financial statements, reports, complaints or requests for verification can be forwarded to the Distribution Office, preferably by e-mail or via the ticket services of the Authors and Publishers Portal. Reports and complaints must be detailed, indicating the title of the work/and relative authors for which the failure was detected, and reporting the  details relative to the wrong usage (e.g. date and place of the event and name of the artist, producer and title of the record or audiovisual product, radio or television channel, accompanied by the program title and date, time of passage etc ..). Generic complaints presenting a lack of data on the misuses found cannot be processed by the office. Complaints relating to the results of the interim distributions are to be forwarded as a rule within 60 days of receipt of the statements.

 

Payments

On which day will the royalties for the author’s rights be paid?

Normally, in the second half of the month of January, royalties will be paid for the 1st half of the previous year and in the second half of July those relating to the 2nd half of the previous year. Payments in favour of the authors are only liquidated for balances above 15 euro/interim net. Amounts of less than that figure are set aside on behalf of the Associate until the limit is reached.

How will the royalties be paid?

If none of the payment methods provided by SIAE have been communicated, the payment will be made by Postal Order.

What are the methods of payment provided by the company?

Payments can be made by bank transfer to current accounts or postal accounts, on a prepaid card (provided with IBAN and empowered to receive transfers) or Postal Order.

How can I communicate the terms of payment?

The communication of the terms of payment can be done by downloading the appropriate form (Communication/Change of method of payment) from www.siae.it site or from the SIAE portal, if previously registered. The form must be duly completed and signed in all its parts and sent, together with personal identification of the Associate, to the Music Division Accounting Office.

What should I do if I have not received the payment by bank transfer?

After a reasonable lapse of time (about a month after the payment), and ascertained from your bank the non-receipt of the amount paid, a report should be submitted to the Music Division Accounting Office, signed by the person in question, in order to initiate the appropriate search proceedings.

What happens if I do not cash the Postal Order within the time limits?

In the case payment by postal transfer is not withdrawn within the period prescribed by the Italian Post Office (usually 30 days from date of issue), the sum refunded by the Post Office will be accredited to the person in question.

Where can I see the net amount paid?

The net amount paid can be found in the balance statement relative to the interim payments, and on the Associates Portal, if previously registered, under "PAID TO BALANCE" flanked by the respective date of execution.

Why don’t the amounts paid coincide with the accrued royalties?

Normally, the proceeds for accrued royalties are paid net of charges for membership fees,
tax duties and, in the case of Associate members, net of any related withholding tax. The details of the transactions are indicated on the statement for the reference period of each interim report and on the Associates Portal (if previously registered) under the heading "ACCOUNT STATEMENT."

What should I do if I live abroad?

For administrative purposes, you must provide the tax residence address and bank account details for the Italian or foreign account (Complete with SWIFT BIC) for tax purposes. If you want to avail of the facilitations to prevent double taxation, a tax certificate issued by the Authority of the place of residence should be sent to the Music Division each year, and in the original copy. To find out with which countries the Italian state has signed a Convention, please visit the website www.finanze.it - International ​​ and Community Taxation - Conventions and agreements Conventions against double taxation. Also located on the site www.agenziadelleentrate.it - ​​Documentation - International Taxation – Conventions for the avoidance of double taxation (forms) - non-residents - the forms used in agreement with some European countries. In the absence of such documentation, the current Italian tax rate for residents abroad will be applied on payment.

 

Request for an Advance

When can you request an advance on the next payment?

The granting of an advance payment on authors’ royalties is at the discretion of the General Manager. In any case, the advance can only it is paid if you have received at least two semi-annual payments. Some conditions also apply, such as: not having foreclosures or commitments to third parties, not having a significant negative balance at the last payment, having no disciplinary judgments in progress, etc. Any other relevant information will also be considered in order to reach a correct evaluation of the advance to be paid, such as the "ascending or descending" trend accrued over the last six semesters.

How can I request an advance on the next payment?

A signed application must be sent to the Music Division Accounting Office for Advances specifying the period for which you require an advance clearance and the number of your position SIAE. Normally, the requests for an advance in reference to the accrued income for the first semester must be received no later than the month of November, while for the accrued income relative to the 2nd semester no later than the month of May.

 

Publishing houses – VAT

Who has the obligation to issue invoices?

All associates with publisher qualifications and for which the conditions laid down by Article 4 of the Presidential Decree 26/10/1972 n.633, and amendments apply (usual business activity, even if not exclusive) have an obligation to issue invoices to the SIAE.

When are invoices emitted?

Invoices will be emitted whenever the SIAE cash the proceeds for the author’s rights in favour of the Publishing Houses, for the interim payments, advances, etc.

What are the terms of the invoice?

In accordance with Presidential Decree 633/72 Art. 6 Paragraph 3 invoices must be issued upon receipt of payment.

What are the terms of receipt of the invoice?

Invoices must be received within four months from the date of the payment of fees. In case of failure of receipt, within the 30th day following the expiry of that period, the SIAE, pursuant to Art. 6 of Decree 18.12.1997 n.471, will issue a self-invoice and pay the appropriate tax to the Treasury.

 

Authors and Publishers’ Portal

I am already a member: what benefits do I get by pre-compiling the declaration form for works on the Authors and Publishers Portal?

The online pre-compilation of the declaration form can be accessed in the Authors and Publishers Portal. It has the advantage of offering a guide to the compilation and a verification system of all the data, in order to minimize incomplete filing and therefore any future irregularities.

I pre-compiled the form online. Is this sufficient for protection?

Filling in the form online is not sufficient for the protection of the works: Form 112 still has to be printed, signed by all associate and mandate SIAE members and sent or delivered in the original through the previously described methods (for Bulletin declaration Form 112). The protection starts from the date of receipt of the application documentation by the SIAE.

What is an audiovisual work?

For "Audiovisual Works" we mean those works referred to in Articles 46-50 L.D.A. such as films (fiction, documentaries or animation); films mounted for showing; Short films; films for TV, television series; serial television programs (series, serials, soap operas, sitcoms, etc.) fiction or animation; documentaries for cinema and television of any kind, original or archive based, made as a single work or as part of a thematic collection or conceived as a serial with various episodes (e.g. docusoap). Web series also fall within the definition of " Audiovisual Works".

When do you need to obtain a SIAE license to create customised elaborations from originals for commercials (Radio In Store)? Which license do I need?

The use of works protected by authors’ rights must be authorized in advance by the legal holders: this also applies, for the uses In Store. The license for the services of the audio-video store must be signed prior to the commercial exploitation of music by all those wishing to provide, as a content of their own In Store Radio service, the repertoire administered by SIAE. To obtain such license or to receive information about the same, please contact our Multimedia Office, available at the e-mail address audioinstore.multimedia@siae.it

How are the royalties divided?

With the license, the Music Provider is committed to periodically providing a list of the works used containing details of the titles, the full name of the authors, the interpreters and the number of views/downloads (report). The distribution of the collected royalties is carried out in accordance with the reports.

How much does YouTube pay the SIAE for the use of music?

The agreement with Google prohibits the SIAE to disclose both the financial and regulatory terms of the contract. We understand that this is not entirely consistent with the transparency policy of the SIAE with its associates, but confidentiality was placed as a necessary condition to the signing of the agreement.

How do you control the utilizations on YouTube?

The contract includes a complex and integrated system of exchange of information on the musical works contained in the videos. Each YouTube video is associated with related information (i.e. Metadata), usually provided by the person who loads the video. For official videos the metadata is provided by the record producer, along with the music files.

How much is due to authors and publishers for the use of music belonging to their repertoires on YouTube?

 Differently from television broadcasts, where a single "pass" in prime time reaches potentially millions of viewers, it is very rare for videos on You Tube to reach millions of views. This means that usually the You Tube videos generate "micro-payments" of rights, which accumulate until you reach the amounts that can be divided and liquidated. In addition, the numbers shown next to the videos relate to views made in every country since the video was uploaded. In effect –returning to the comparison with the TV - it is as if the same program has been replicated many times and in several places.

Will associate members receive dues for each viewing on YouTube?

No. Due to the large amount of videos on the site and the billion views recorded in the reports that YouTube sends to the SIAE, at the end of the automatic and manual matching process, only those videos that have passed a certain threshold of views can be compensated. This threshold is decided by the representative bodies of the SIAE on the basis of the statistical and economic results of the contract.

How often will YouTube royalties be distributed?

Once through the testing period of the new multi-territorial agreement, the distribution of You Tube royalties will be based on interim payments. The allocated royalties will be relative to the visualizations recorded during the reference period.

Do you have to be a member of the SIAE in order to receive its YouTube royalties?

Yes, as in all other cases, the SIAE only receives tariffs for the repertoire (Works) of its associates and mandate members or accounts registered to companies that the SIAE represents in Italy. So these royalties can be allocated only to them.

What areas are covered by the agreement between the SIAE and YouTube?

As with other multi-territorial licenses, the agreement between the SIAE and YouTube covers several territories. In addition to live streaming in all countries in the European Economic Area, YouTube reports viewings in many other countries including, for example, Russia, Turkey, Israel, UAE, South Africa, India, Nigeria, Kenya etc. The agreement covers Works of Music and, for Italy, the fair compensation for Audiovisual Works.

I would like to send my song electronically to radio stations for promotion: do I have to ask for a license? Which one?

Yes, the license you need is the Digital Delivery License. The Digital Delivery license is available for compilation on the online SIAE site.

If I upload my music onto iTunes do I have to ask permission from the SIAE?

No. iTunes has a valid license with the SIAE and consequently receives a tariff from the sale of each piece of music which the SIAE collects and distributes to the legal beneficiaries.

Where do I go to apply for a SIAE permit?

The organisation provides offices with territorial jurisdiction. You must go to the office responsible for the place where the event will take place. The search for your territorial office can be done by the website in the section SIAE Offices in Italy.

For what kind of event must I request a SIAE permit?

SIAE represents the authors of various kinds of works: music, plays and readings of literary texts.

I have elaborated a show with music by a famous British singer. How much do I have to pay the SIAE?

The issue is not how much you have to pay, but who holds the right to grant the authorisation. For these kinds of adaptations, the SIAE office may refuse to issue the permit if first you do not receive permission from the legal holders.

What  should I do to use a reproduction of a work of visual art?

In order to reproduce a work of visual art,  whatever the form of reproduction is (e.g. printing, lithography, photography, etc.) you need to ascertain whether or not the work is protected by law, then request and obtain the permission of the author or his heirs and pay the relevant tariffs for the authors’ rights.

Who do I contact to obtain permission to use a work?

The  authorisation is issued by the author or his heirs. For authors belonging to the SIAE, permission is granted by the OLAF Section of the SIAE.

Does the SIAE also protect the works of foreign artists?

The SIAE administers in Italy, in addition to the repertoires of its associates, also many foreign artists, entrusted to its protection by the relative companies.

Can the owner of an original copy also grant permission for the use of a reproduction of the work?

No. Not to be confused is the right to property, which refers to the originals of the works, with the copyright on those same works. The owner of a work may, freely dispose of the original work, but cannot   authorize its reproduction, publication, or any other form of exploitation. That power belongs exclusively to the author, directly or through the SIAE, when associated.

How long does the protection of a work last according to law?

The financial protection of the work lasts for the author's life plus 70 years after his/her death. After this period, the work falls into the public domain.

Can I freely use the reproduction of a work fallen into the public domain?

Yes, reproduction of a work fallen into the public domain is free (it is not subject to either licensing or to payment of rights).

Who do I contact to find out whether a work is still protected?

To get this information, the interested party may contact the OLAF Section of the SIAE, which will communicate the complete name of the author of the work.

How much do I have to pay for reproducing a work of visual art?

The rates for any type of reproduction of the work are given in the "Rates" section of this site. In cases not identified, you may seek clarification from the OLAF section of the SIAE.

What benefits does the mediation of the SIAE offer to those who reproduce a work?

It is  very beneficial to use the SIAE. Firstly, because you have a single point of contact through which to obtain   authorizations from various authors without having to request each authorisation individually. In addition, the use of clear conditions, through agreements applied to all users, avoids lengthy personal and individual negotiations on the terms of use of the works. Finally, the fact that the SIAE administers, through a series of agreements with most foreign companies, the rights of many foreign authors, facilitates access by users to a whole world of repertoires, allowing them to obtain from a single source the information and   authorizations necessary to perform their activities within the law.

What are the rights administered by the SIAE with regard to visual arts?

The rights administered by the SIAE cover all forms of exploitation of the work, such as reproduction, whatever the instrument used (printing, lithography, photography, etc.), recording on mechanical supports (e.g. on CD-ROM), reproduction on computer networks, television broadcasting.

Are photographs also administered by the SIAE?

Photographs can be protected by the SIAE in their various formats or use.

I have to use the reproduction of a photograph. What should I do?

You need to consult the SIAE, if you use works administered by the Company, or refer directly to the authors of the photographs, if not associated with SIAE, to obtain permission and pay royalties. In order to carry out these investigations it is, of course, essential to know the name of the author of the photograph.

Can I request permission for the reproduction of a work directly to the authors even if they are associated with the SIAE?

No. For all the authors administered by the SIAE,  authorisation must be requested solely from the Company. , When registering with the SIAE, the artist entrusts all his/her works exclusively to the company, for the exercise of rights on all forms of their economic use.

Who do I contact to find out if an author of a work of visual art is a SIAE associate or with a Company of authors associated with SIAE?

You can consult the list of the artists protected by SIAE directly. It is available on site. Because the archive is subject to continuous updates, if in doubt you can contact the offices of the OLAF Section.

The 15% limit is calculated on the total number of pages of the book, including the introduction and preface and excluding any advertising pages, or the real number of pages of the work's text?

The introductory pages and the preface are an integral part of the text, so 15% should be calculated on the total number of pages of the book, excluding advertising and including the introduction, preface, index and bibliography.

What do I have to do to photocopy a full volume over the limit of 15%?

You must obtain specific authorisation from the rights holders. For this purpose you can contact the SIAE.

Is it “formally legal” to photocopy 15% per day?

The law does not provide for any time limit and repeated copying, which gives rise to photocopying beyond the 15% limit, is not allowed. The copy shop owner, who is aware of the rule violation by a user who repeatedly asks for copies under the 15% limit, is considered legally liable.

For magazines collected in volumes, the 15% limit applies to the entire volume of backdated copies or to the individual copy?

The law refers to the journal issue and does not take into account the binding into volumes of backdated copies.

How should I behave for electronic journals that do not have immediate tangibility?

For electronic journals the general principles of the law on copyright apply, involving the need for authorisation for reproduction and public availability and use. The 15% limit for personal use for volumes or journals reproduced by photocopying or similar, does not require authorisation as their reproduction from electronic form to paper is not permitted.

Is there an agreement in place between the SIAE, the Associations of Authors and Publishers and the category of Associations for the copy centeres (copy shops, stationery shops etc.). What does it state?

The agreement - which is automatically renewed each year unless cancelled - provides a system for determining the remuneration due to authors and publishers based on an overall estimate criterion of the number of reproductions of protected works effectuated, which takes into account the number of reproductive devices held by each point of reproduction and the type of activity carried out by the same. The measure of the amount due is shown in a separate Table attached to the Agreement which is updated annually on the basis of ISTAT increases. It follows that, even contacts with the territorial SIAE Offices will be reduced to the necessary minimum. The agreement was formulated in such a way as to eliminate complicated formalities. For the holders of the reproduction points, after having signed the so-called "Acknowledgment" – a self-certification document - and its relative informational privacy form, going to the SIAE Offices will only be necessary for the payments of authors’ rights.

For the manager of a print and copy centre, the payment of the amounts indicated in this agreement is the only way to be in compliance?

Yes. The law delegates the SIAE and the associations representing authors and publishers to enter into specific agreements with the associations of print and copy centeres. What is established by these agreements is binding for all operators, and thus the print or copy centre, even if in possession of only one machine dedicated to that purpose only occasionally, who makes a copy of a protected work without making the due copyright payment within the terms defined in the agreement, commits an offense. Of course the same prohibition stands for photocopying a text beyond the limit of 15% or making multiple copies (cfr. Article 68 Law no. 633/41).

What is the regulation for university lecture notes handed out to students by teachers?

For handouts that contain notes of lectures, there are no particular problems, while the problems arise for those handouts that contain parts of various texts written by the teacher himself and/or other teachers gathered together. The realization and conservation of these types of handouts at the copy shops cannot be considered legitimate because they are not done "for personal use": the purpose of this transaction is in fact to make copies of the works contained in handouts available to many people (students).

The copying of parts of different works of authors in a handout should be, therefore,   authorized by the legal holders and the copy centre will refuse to make copies of this type in the absence of the aforesaid  authorisation.

Are the photocopies of protected works made for the preparation of a student’s degree thesis also subject to the regulations in force?

Yes. Photocopies of texts are subject to the provisions of the law regardless of the purpose for which they are done (except for the express reservation made by law for the internal needs of libraries);  also those texts needed for the preparation of degree theses.

Can degree theses be photocopied?

The student, as the author of the thesis, is free to make photocopies. If copies are requested by others, the authorisation of the author is required.

For photocopies made with photocopiers that work with de-counter feeders, how can those in charge of the copy centeres check that the amount of photocopies made does not exceed the 15% limit?

Those responsible for the copy centeres will make the user aware of the existence of the 15% limit by suitable means (such as the prominent display near the machine of the notices that are purposedly prepared and distributed by the SIAE to copy centeres). They must also provide adequate forms of supervision as a deterrent for any illegal activity.

The copy shop owners who also carry out binding activities are not required to know what the document to be bound contains nor can they be held responsible for any illegal copying done from them. If, however the student is found in possession of the entire text photocopied elsewhere and only bound by the copy shop in question, how could the owners of the copy shops prove their good faith, since you cannot prove the origin of the photocopies?

The holder of the text to be bound must provide proof of the legitimacy of the photocopy (e.g. permission from the publisher/author or a declaration that the photocopies are of rare books or from the publishers' lists made in the public library.

In this case, should the copy shop owner not take risks and reject the binding?

The binding activity can be performed using the proper precautions and taking care to ask for the customer’s copy of the documentation showing that the reproduction made by another copy centre is lawful.

In the case of photocopying customers’ books or music scores, can the photocopy be considered for personal use?

No, because the book can only be photocopied within the 15% limit even if it is owned by the customer. For the music score, even partial photocopying is forbidden.

Are the photocopies of photocopies legal?

Yes, within the limits prescribed by the law (15% - personal use) and provided the copies reproduced refer back to the identity of the work (title, author, publisher etc.).

Can you reproduce photocopies from anonymous photocopies, that is, without any means of locating the text from which it derives (the author, the publisher etc.)?

No

What should I do to avoid exceeding the 15% limit, when photocopying of photocopies is asked for and I do not know the number of pages of the original?

For a legitimate photocopy reproduction, the works must be identified, and in particular, the number of pages of the original must be known.

Are books edited abroad (Europe and beyond), subject to copyright laws?

Law 248/2000 applies also in these cases.

In the case of copying texts, especially those most requested by students, onto magnetic media (including the scanner) during the subsequent printing for each individual concerned, even in respect of the 15% limit the texts would be illegally reproduced in whole by the copy centre in contrast with the law. What should be done in this case?

The law on copyright does not allow digital reproduction (e.g. from hard copy to digital files, obtained through scanning) which must always be   authorized by the publisher. Even a subsequent reproduction from files to paper is not allowed.

And if the operators get round the prohibitions by scanning texts and sending them to customers via e-mail?

Since this operation is not permitted by the law on copyright, this activity is prohibited and sanctioned in accordance with penal, administrative and civil law, unless it is specifically   authorized by the legal holders.

And what if the texts are downloaded from the Internet and subsequently copied?

This activity must be expressly authorized by the legal holders.

Are photocopies of newspapers and weekly magazines subject to the copyright laws?

Photocopies of newspapers and magazines are also subject to the application of the law: in fact, there are no exemptions concerning these.

How should a company, an association, a foundation, a group practice or a freelance professional behave when, in their professional activity of "consulting" or "educating and training", they are required tophotocopy scientific books and hand over these copies to others, or who, for educational purposes (refresher courses, professional conferences, training courses etc.) copy all or part of books and scientific magazines, to then distribute the photocopies or grant access to them?

The provisions of law regard the reproduction for the readers’ personal use, which is not the case in the above mentioned activities, which are never free. They must,  obtain the authorisation of the legal holders.

Can a student, a professional, etc. carrying out "a non-profit activity", gratuitously distribute to others part or all parts of books and or scientific journals owned by him/her that he/she has photocopied within a private facility such as his/her house or professional studio?

If the text is copied in their own home for personal use, always within the limits provided by law, the private individual is not required to follow any regulations. But he cannot give copies to others, since the law allows photocopying for personal use only. Whereas for professionals, as they cannot justify the photocopying activity as intended for personal use, they must be authorized  by the legal holders.

How should these people pay the copyright tariffs to authors and publishers for the intellectual works reproduced?

The law states that the reproduction of works is free only if made for personal use. Therefore, professionals, companies, etc., failing to make photocopies for personal use, must request authorization from the legal holders.

Do I need to obtain any general  authorizations for reproducing wholly or in part books and magazines?

To copy beyond the limits of the law (15%) and/or even below these limits but not for personal use, you need the special authorization obtained from the legal holders.

Do I  have to send the "sample" (file) to the SIAE office, specifying the number of volumes that have been made?

No, see previous answer.

How should businesses who do not perform photocopying activities behave?

They do not have to follow any regulations. Their activities, however, may still be subject to audits and controls as foreseen by law.

Can you photocopy the covers of video/cassettes, CDs, DVDs, or similar media?

No, in these cases, the reproduction must be authorized by the legal holders: you will have to forward the request to the producers of media

What are the rules regulating publishers who commission photocopies of entire books?

When requesting the authorization for translation, therefore, Publishers should also request permission for photocopying the original works from the source publisher. A copy of this authorization must be acquired from the copy shop.

Which works are protected under the law on authors’ rights?

The following works, provided they have a creative nature, are protected:

• literary, scientific, educational and religious;

• dramatic works;

• musical works;

• operas;

• choreographic works, pantomimes;

• works of sculpture, painting, the art of drawing;

• computer programs;

• creative works processed from the original;

• photographic works;

• designs and works of architecture;

• databases;

• industrial design;

• collective works (magazines and newspapers).

Reproduction via photocopying is subject to the regulations on authors’ rights in accordance with the law n.633 / 41. The term of protection is for the lifetime of the author and until December 31, the 70th year after his death. If there is joint authorship the term is determined on the life of the co-author that dies last. The works are then no longer protected, become public domain and may be reproduced freely. However it is not permissible (Art. 2598 C.C.: unfair competition) to reproduce the graphic composition of the work. It should be remembered, for foreign books translated into the Italian language, that the term of protection is calculated taking into account that the translator has to consider himself among the authors of the translated work: the duration of protection of the translations are then extended up to 70 years after the translator's death.

Can I photocopy a work at the library which is not present in the library itself? For example: can I photocopy a book that I brought from home at the library?

No, you can only photocopy the works present in the library itself.

Does the 15% limit apply to libraries?

The 15% limit must be respected in all cases, except for works present in the library that are both rare and out of the publishers' lists. To photocopy an entire work still on the market, you must obtain a special authorization from the legal holders.

Can I copy the whole work in the case of a rare work that is not in the publishers’ lists?

Yes, but only in a public library.

And outside of the library?

No, you cannot make photocopies of whole rare works without the permission of the legal holders.

How can you determine if a work is rare and out of publishers’ lists?

To determine whether a text is out of the publishers' lists, consult the "Catalogue of books on the market", published by Editrice Bibliografica annually. This catalogue contains all the books available in the Italian language and distributed through common sales channels.

The law states that photocopies can be freely made of works in libraries but only for library services. But what is meant by library services?

By "library services" we mean its own internal services and not those provided to users. This regulation has been drawn up to allow only copies made (of books or other media) for the public and to avoid deterioration of the originals.

A "document delivery" occurs when a library does not have the text required and turns to another library which sends a copy on request. Is this activity one of the library services? If not,   the entire text may not be photocopied by from the library that transfers the required text without exceeding the 15% limit?

"Document Delivery" is not within the licensing system provided for by law.

In University libraries the photocopying service is offered either directly (with their machines and their staff) or by private parties who operate under special contracts and who have their own tax position, independent of the entity on which the library depends. Given that the private individual stipulates a Convention with the library service that would otherwise have to handle this service themselves, can it provide these services with exemption from the 15% limit for works out of print, just as if it were the library itself?

The private operator is obliged to follow the same general rules in force as the copy shops. The agreements, currently being defined, may indicate any eventual uses, thus rendering the outsourcing services part of the system adopted for the library as long as they occur on the premises and with the works belonging to the library.

Does the private individual who operates by convention within the libraries, have to be treated as a copy shop or as a library?

This case will be defined in accordance with agreements to be reached with the libraries.

Is educational material distributed with photocopying permission from schools subject to law enforcement?

Authorizations must be issued by the legal holders (authors and publishers) and not by any other persons (e.g. teachers, the school, etc.).

Are electrical equipment manuals (radio, phones, etc.) subject to the application of the law?

Simple leaflets describing the features and operation of the equipment (usually supplied with the appliance itself), can hardly be considered an intellectual work. Unlike the case of manuals which, although of reduced size, have all the characteristics of a volume such as e.g. The Hoepli Manuals, software manuals, etc ... In such cases, the law is applied.

Are maps subject to the application of the law?

If they are part of a book or a journal, they are part of the 15% limit and subject to payment of rights. They cannot be freely reproduced if not part of a book or a magazine.

To determine the terms of protection of a work, do you have to refer to the author or to the date of publication of the volume?

Protection is guaranteed to the work (and not to the publishing of the edition) and the calculation of the protection terms are made according to the life of the author.

Does copying  few pages from a book in a large number of copies, commonly requested by teachers (as material used by their students,  therefore neither for personal use or for the purpose of profit) fall under those educational aims which limit the exercise of copyright?

Copying in multiple copies some pages of a text does not come within "personal use"; to legitimize the use, up to now tolerated but not authorized by law, a specific agreement between the publishers and the Ministry of Instruction is necessary. At the moment, multiple copies are prohibited and educational objectives that limit authors’ rights are only those expressly provided for by law and stipulated agreements.

A similar case can occur for a company that requires multiple copies of some pages to be allocated to its employees: is such a request lawful in that it excludes personal use but also profit?

As business use cannot constitute personal use, express authorization must be requested from the legal holders.

What is to be done in the event when works of visual arts are reproduced on posters, cloth or other materials using special machinery?

In this case you must obtain permission to reproduce, which can be obtained, for protected works entrusted to SIAE protection, from the Fine Arts Office at the OLAF Section. The tariffs will be determined on a case by case basis and cannot in any way be commensurable with that relating to photocopying. 

Does free use of visual art apply on the Internet?

No. The reproduction and distribution of the work on electronic networks must be authorized by the authors.

When is reproduction of works on the Internet free?

The reproduction of a work on the Internet is free only when the work has fallen into the public domain, that is, when they have reached the deadlines provided by law (currently the work is protected throughout the author's life plus 70 years after his death).

Who do I contact to find out whether a work is still protected?

To get this kind of information, you can contact the SIAE - Visual Arts Section OLAF.

What should I do to reproduce works of visual art on the Internet?

Before reproducing a protected work on the Internet it is essential to seek and obtain the permission of the author.

When should I consult the SIAE?

You need to consult the SIAE every time you use a work created by authors associated to SIAE or other foreign companies and authors affiliated with the SIAE.

How do I know if an artist is associated with the SIAE or with other sister Societies of Authors?

You can consult directly the list of the artists protected by the SIAE. Seeing as the archive is subject to continuous updates, if in doubt you can directly contact the offices of the OLAF Section.

How much do you pay to use works protected by the SIAE on computer networks?

Rates are listed in the "Rates" section of this site and take into account the characteristics of the site providing special reductions on the amount of compensation due for transactions with cultural and promotional value. In non-identified cases, they may seek clarification from the OLAF section of the SIAE.

My web site has no commercial purposes: do I still need to pay the copyright tariffs to reproduce and disseminate works of visual art?

The payment of royalties is always due, even when their use has no commercial purposes.

I wish to pay tribute to a great artist by putting his works on my site, which has no commercial purposes: do I have to pay royalties?

Yes, the tariffs are always due, regardless of the purposes of usage.

Do I have to pay royalties to reproduce and disseminate on Internet only works of my own creation?

To insert only the author's own personal works on a website for promotional purposes, no SIAE license needs to be issued.

Which artists are due to resale rights?

The 633/1941 Law assigns the SIAE the task of retrieving resale rights in the territories that it manages, on behalf of all Italian and European citizens, members and non-members of the SIAE, and for all non-EU citizens who habitually reside in Italy. The SIAE is also authorized to collect resale rights on behalf of the citizens of non-EU countries, where national laws guarantee the same right to Italian citizens (by virtue of reciprocal representation agreements).

What are the art works whose sale is subject to resale rights?

Subject to resale rights are those originals of works of fine arts such as paintings, "collages", drawings, engravings, prints, lithographs, sculptures, tapestries, ceramics, glass works, photographs and the originals of manuscripts, provided that such creations are made by the author himself or are examples considered as original artwork. Copies of the visual arts works, produced in limited numbers by the author himself or under his authorization, are considered to be original as long as they have been numbered, signed or otherwise duly authorized by the author. Also subject to resale rights are sales that relate to anonymous and pseudonymous works.

What are the sales subject to resale rights?

Subject to resale rights are those sales that are: either subsequent to the first sale made directly by the author; or involve the participation of a professional of the art market (gallery, auction house or art dealer) acting as seller, buyer or intermediary; or have been made more than three years after the first transfer by the author (it is always assumed that the sale takes place three years after purchase, unless proved otherwise by the seller); or when the selling price is equal to or exceeds € 3,000.00. For exceptions see the following FAQ.

Which sales are exempt from the payment of resale rights?

All sales made without the participation of a professional art dealer are exempted. Moreover, sales that, while seeing the participation of a professional, deal with works purchased directly from the author less than three years before and whose current price does not exceed €10,000.00. In any case, all sales with a price less than € 3,000.00 are exempted.

How can the persons concerned prove that the three years from the purchase of the work from the author have not yet expired in order to avoid paying the resale rights?

By showing the purchase invoice or a similar document. Even a substitute statement released by the author can be a suitable instrument for the purpose in question.

The price limit of €10,000.00 refers to the transaction between the author and the seller, or the next sale between the seller and a third party?

Said price limit must refer to the sale that the owner makes subsequent to the direct purchase from the author.

The professional who buys from an heir and resells the work within three years at a lower price than €10,000.00 but equal or superior to € 3,000.00 is exempt from paying the resale rights?

No, exemption from payment of the resale rights is limited to the purchase made directly from the author, and does not even include transactions carried out by the heirs.

The first sale made by the heir to a professional is also exempt from the payment of the resale rights?

No, by law only the first sale, the one carried out by the artist himself, is considered absolutely free. The sale made by an heir is subject to resale rights, provided that the price is equal to or greater than € 3,000.00.

The resale rights applies even when the seller is a private person and the buyer is a professional (Gallery owner)? In this case, who pays the resale rights?

Yes, the resale rights are due each time there is a transaction of the works of art and there is the participation of a professional, whether he intervenes as an intermediary, as a buyer or a seller. The resale rights are always paid by the seller, but it is the professional who has the obligation to hold it and then pass it on to the SIAE.

Sales that occur between cultural associations and museums are subject to resale rights?

No, if no professional operators intervene in the art transaction.

Can the first sale by the author himself be considered exempt, if the artist is a holder of a company (sole proprietorship, limited company, copartnership/unlimited partnership and so on)?

The sale made by a sole proprietorship, Ltd. companies etc. where one of the partners is also author of the work, will be considered as the first sale and thus exempt, provided that the author states that it is the case of a first sale and that there have been no previous transactions for this work from the author to the Company.

The resale rights are to be paid regardless of whether the author of the work is or is not protected by the SIAE?

Yes. One of the SIAE’s task is  to collect and allocate the resale rights on sales that take place throughout the national territory irrespective of the fact that the authors of the works sold are recognised in the same or not.

Who are the beneficiaries of the resale rights for sales on the Italian territory?

The beneficiaries of the tariffs are as follows:

- Authors of works of art or manuscripts and their heirs who are EU citizens

- Authors and their heirs who are not part of the European Union only if the legislation of those countries provide the same rights for authors and their dependents who are Italian citizens

- Authors of non-EU countries, who do not hold Italian citizenship but are habitually resident in Italy.

- After the author's death the tariffs belongs to the heirs, according to the norms of the Civil Code and, in the absence of succession within the sixth degree, they will be devolved to the National Body for Social Security and Welfare for painters, musicians, writers and playwrights (ENAP) for its institutional purposes.

In which countries do resale rights exist?

At the moment SIAE does not have an official document indicating the foreign countries where resale right is operative. Therefore, in the meantime, you can refer to the list prepared by the European Organism EVA ( European Visual Arts). There are the European Union countries and the countries outside the European Union.

For the purpose of resale rights management, which countries have representation agreements?

The list of companies with which the SIAE has a reciprocal or unilateral representation agreement is available on the company website.

Representations Organized in Foreign Countries.

Do the states of San Marino and the Vatican City recognise resale rights? Can the SIAE mediate resale rights directly on Vatican "soil"?

The Vatican recognises resale rights pursuant to the Law 12.01.1960 n. XII Art. 14b, So there is a reciprocal request by law. There are reciprocal conditions also for the State of San Marino.

How long do Resale Rights last?

The rights last throughout the author's life and for seventy years after his death.

Can an artist or heir renounce or transmit the resale rights later to third parties?

No, the rights cannot be subject to alienation or renunciation, even preventively.

Who pays the resale rights?

The tariff is charged to the seller. However, it is the "Professional art dealer "who is required to physically make the payment; in fact, he has the obligation to collect and retain from the sale price the tariffs due and the obligation to pay the relevant amount to the SIAE within the period of ninety days from the sale.

How is the tariff determined?

The tariff is calculated as a percentage of the sales price excluding tax (VAT) provided that the sale price is not less than € 3,000.00. The tariffs payable are calculated as follows:

either 4% for the portion of the sale price up to € 50,000.00

or 3% for the portion of the sale price between € 50,000.01 and € 200,000.00

or 1% for the portion of the sale price between € 200,000.01 and € 350,000.00

or 0.5% for the portion of the sale price of between € 350,000.01 and € 500,000.00

or 0.25% for the portion of the sale price over €500,000.00

The total amount of the tariff may not in any case exceed €12,500.00.

On the SIAE site there is a ready reckoner for the quantification of the amount owed.

According to law, the tariff calculated on a sale price "net of tax" refers to VAT tax or other taxes?

It only means the VAT.

The fees/commissions paid to the intermediary are calculated in the selling price or excluded?

The law, to the purpose of the exact determination of the tax base for calculating the resale rights, allows only for the exclusion of taxes.

For sales made by auction houses should the resale right be calculated on the final sale price - the so-called “hammer price”?

Yes.

Who must report the sales subject to resale rights?

The professionals who work in the art market (auction houses, galleries or art dealers) involved as sellers, buyers or intermediaries.

If in the sale of a work of art the buyer, the seller and the broker are all "professionals working in the art market ", are they all required to  send the report?

No, the declaration must be submitted by only one of the three parties in the order established by the current regulations: seller, purchaser or intermediary.

Should the payment of the resale rights be made for each single sale?

No, it can be carried out cumulatively for multiple transactions.

Does the declaration form have to be filled in for each invoice?

For each sale subject to the rights a specific sales statement must be made regardless of whether an invoice certifying the transaction has been issued or not.

What are the deadlines for submission of the declaration?

The deadline is 90 days from the date of sale.

May the statements be made cumulatively during the quarter?

Yes, as long as you do not exceed the term of 90 days from the first sale date.

Do I have to indicate the name of the seller and the buyer in the sales declaration?

No. Only the professional operator is obliged to indicate his personal information.

Is it mandatory for a professional who sells works subject to resale rights to issue an invoice?

No, not for the purpose of resale rights.

What are the obligations of a gallery towards the SIAE?

The art market professionals involved in a transaction subject to resale rights have to sustain: either the obligation to provide the SIAE with the identification data of the activity in order to complete the census in act; or the obligation to take and to withhold from the sale price the tariff due as depositories; or the obligation to submit the sales statement to the SIAE; or the obligation to pay the amount to the SIAE within the period of ninety days from the sale; or the obligation to provide the SIAE, at its request and for a period of three years following the sale, all the information necessary to ensure the payment of the tariffs, including viewing of the documentation concerning the sale itself; or the obligation to respond, jointly and in agreement, with the seller for the payment due.

In the event that the seller charged with paying the tariffs refuses to comply, what responsibilities do the art market professionals have towards the SIAE?

The art market professionals are required to pay the tariffs in joint accord with the seller and together are responsible for the payment of the required sum. In addition, once the tariffs are duly paid and deposited, they are responsible for the same to all legal purposes.

What are the modalities for submission of the sales statements and the methods of payment of the resale rights?

The sales declarations and the DDS payment can be made in this way:

- Online after signing an agreement, resulting in the regularization of tariffs by electronic bank transfer (this mode of payment is permitted only to subscribers of the online Agreement) or by bank transfer (only in cases where it is not possible to make the electronic transfer payment);

- using the D DS01 form, to be delivered to the local area office of the SIAE, located throughout the national territory and the contextual payment of tariffs in the following ways:

a) in cash,

b) by check,

c) by bank transfer (to the coordinates provided by the area office in question)

d) by POS (only in the branches where this mode is allowed);

- using the D DS01 form, to be sent to the General Directorate, only in cases where it is not possible to use the online process or to deliver the statement to the area Offices. In this case, the payment must be made exclusively by bank transfer to the account specified below:

Credit Institution: BANCA POPOLARE DI SONDRIO

Address: Viale Cesare Pavese, 336 to 00144 - Rome (RM)

C / C:000005800X81 CIN: W ABI: 05696 CAB: 03211

Bank details (IBAN): IT74WO569603211000005800X81

Should each DDS01 form be sent to the SIAE, along with a copy of the invoice or a copy of the receipt of the tariffs paid?

No, it is sufficient to send the DDS01 Form.

What are the bank details for payments of the rights by bank transfer?

They are those specified on the declaration form.

The sales return must necessarily be transmitted to the General Directorate of Rome?

No. Only in exceptional cases, where it is impossible to use the other methods provided, it can be delivered/mailed by registered mail to the competent office of the OLAF Section at the Directorate General of the SIAE.

Does the SIAE have the obligation to release a copy of the statement to the seller?

Yes.

Which document is issued by the SIAE when cashing in the tariffs?

A receipt will be issued against the payment of the D.d.S..

Do artwork traders have to retain special records for the purposes of payment of the resale rights?

No, the law on D.d.S. does not require specific accounting documents, reference should be made to the fiscal discipline.

Can the works subject to resale rights be sold only with the issue of a receipt?

Yes, provided that it is permissible under tax provisions.

When submitting the sales report to be sent to the SIAE, does the professional trader, , also need to attach documentation showing the date and the sale price?

No, the law does not require this. However, the trader has the obligation to keep and exhibit at the request of SIAE - for the three years successive to the sale - documents proving the date and the sale price of the work.

What is the period within which the sales report must be filed?

90 days from the date of sale of the work.

What is the date by which the tariff is to be paid?

90 days from the date of the sale of the work.

What are the terms within which the trading professionals are subject to checks?

The SIAE - The investigating body art. 153, paragraph 2, Law for Authors’ Rights - has the power to require all the information and documentation related to transactions within the period of 3 years following the sale.

In case of failure to submit the declaration and/or the payment of resale rights within the 90 days foreseen by the law, what are the penalties?

An unreported sale and for which the dues are not paid within the 90 days will be considered in violation of the regulations on resale rights and, therefore, the penalty in accordance with Art. 172, paragraph 3 of Law 22 April 1941 n. 633 will be applied.

Violation of this provision entails the suspension of professional/commercial activity from 6 months to one year and a fine from € 1,034.00 to €5,165.00.

What powers are recognised to the SIAE in relation to resale rights?

SIAE - in accordance with Articles. 182a and 182b Law no. 633/41- has powers of inspection and controls on the premises where activities of "auction houses, galleries and in general any other entity engaged professionally in trading works of art or manuscripts” take place, also with right of access to the accounts (register of invoices, copies of monthly payments, tax books, etc.) wherever they are stored.

What should I do if I want to use a literary work?

In order to use a literary work, or part of it, you must obtain the permission of the author (or possible Translator) or publisher and paying the relative remuneration for authors’ rights.

Who do I contact to obtain permission to use a work?

The authorization is issued by the author (or the possible translator) or publisher. For authors and publishers belonging to the SIAE, permission is granted by the OLAF Section.

What are the rights administered by the SIAE in the field of literary works?

The rights administered by the SIAE concern certain forms of financial exploitation of the work, such as: acting or reading in public, reproduction on mechanical supports (CDs, audio and video cassette, CD-ROM), its diffusion on computer networks (Internet), radio and the television broadcasting, the reproduction by photocopying or similar instruments.

What are the benefits of the SIAE mediation services?

The SIAE mediation services are certainly very convenient. In the first place, they provide you with a single interlocutor, through which you can obtain authorizations from multiple authors, and it overcomes the real difficulties in finding the individual in question. In addition, the SIAE offers clear conditions, in accordance with previously made agreements between the SIAE and associations of users and delays due to personal negotiations about the terms of use of the works are avoided. Finally, the fact that the SIAE administers, through a series of agreements with most of the Companies of foreign authors, including foreign repertoires, facilitates access by users to a global repertoire, permitting access through a single interlocutor to information and the authorizations required for the correct conduction of business in compliance with the law.

Can I ask for authorization for the use of a work directly to the authors or publishers, even though they are associated with the SIAE?

No, for the use of the repertoires of authors and publishers associated with the SIAE and the protection of the rights of those under its supervision, application for authorization must be made solely to the Company. In fact, at the time of its adhesion, the legal holders entrust all their works exclusively to the SIAE, for the exercise of the rights on their financial uses.

Does the SIAE also protect the works of foreign authors?

SIAE also manages, in Italy, a number of authors, publishers and foreign companies, in addition to the repertoire of its associates.

Who do I contact to find out whether the author, the translator or the editor of a literary work is associated with the SIAE or to a sister Society of authors?

You can consult the specific list of associated authors and publishers. Because the archive is continuously updated, when in doubt, you can contact the OLAF Section. In the same way, you can consult the OLAF section also with regard to authors and publishers enrolled in foreign companies, whose repertoires are managed in Italy by the SIAE.

How long does the protection of a work last?

According to the Italian law on authors’ rights financial protection of the work lasts for the author's life and up to 70 years after his death. After this period the work falls into the public domain.

Can I freely use a work fallen into the public domain?

The use of an original work fallen into the public domain is free (it is not, that is, subject to either authorization or payment of royalties). You must, however, be certain that you do not use the work in an elaborated version or translated by a listed author. In this case the processing/translation is protected.

Who do I contact to find out whether a work is still protected?

For information you can contact the OLAF Section

How much do I need to pay for the public reading of a work?

The rate varies depending on whether the public reading or recitation is a paying event or with free entry. In addition, the SIAE tariffs shall take into account the capacity of the premises in which the event takes place. For the paid events the SIAE requires (if what is being read or recited is a protected work whose author or translator or editor adheres to the SIAE) 10% on proceeds, applying the minimum rates. For free events the same minimum tariffs apply as the paid events. Different conditions hold when works of the repertoires administered by the other Sections of the SIAE (musical compositions, plays, etc.) are also used at the same event.

How much do you pay for the reproduction of a literary work on CD-ROM?

The rate for the use of literary works on CD-ROM, CD-I and DVD can be found in the tariff Tables (DMM OLAF 1/3 - 1/4 DMM OLAF).

How much does the SIAE receive for the reproduction of literary works on CD?

The SIAE receives, for the reproduction of literary works on CD or audio cassette, a rate of 9.009% on the price published in manufacturers' pricelists for dealers. For example, if a CD or a cassette has a price of €10.33, the tariff is 0.93 euro.

Who do I contact to obtain authorizations for the use of literary works?

• When reading or reciting in public, authorization is granted by the local area offices of the SIAE;

• In the case of audio cassettes, CDs, video cassettes and CD-Rom reproduction, the authorizations can be issued only by the SIAE offices in charge of the management of the rights of mechanical reproduction, which also takes care of the procedures for affixing the SIAE label (endorsement) on the devices;

• In the case of distribution for radio and television or the Internet you must apply to the OLAF Section;

The offices of OLAF Section are available for general information and clarification on the various forms of use of literary works.

I want to organize a public screening on rented premises: Who do I contact to obtain the relevant authorizations?

For public screenings, the SIAE does not act as an intermediary for the legal holders - who therefore manage them directly – except for the legal holders of film soundtracks. The organizer of film screenings, therefore, should apply to the competent SIAE structure for the territory (office, branch, agency) to get a permit/certificate (mod. 116 / c) for the use of a protected music repertoire and pay the authors’ rights for that particular soundtrack. For Italian production or co-production works intended for the cinema, you can you find information about the producer or holder of the usage rights at the Public Film Registry.

And if instead of a film I want to use a DVD for the public screening?

No public DVD showing is allowed. The reproduction of cinematographic works destined to be sold or rented for private use is forbidden as can be read in the opening credits. So, whoever organises public performances by means of a video projection, must obtain the consent of the holder of the rights of reproduction and trading of the work. He/she must also use specific support systems and pay - if required – the relative rental tariff. The SIAE – when it issues the permit/certificate (mod. 116 / c) for the regularization of authors’ rights for the soundtrack inserted in the work – cannot, therefore, be held responsible for the illicit use of those support systems.

If I want to use entrance tariff tickets for a public screening, who must provide them?

You must contact the local area SIAE Office (head office, branch, agency) responsible for the place of the public screening event.

If I want to use a segment of a film for a commercial, who should I contact?

The request goes to the owner of the rights of usage (Producer or its assignees). The use of a song or parts of the work for advertising can also involve the co-authors regarding the protection of moral rights, or for an expressly indicated contractual clause. For Italian production or co-production works intended for use in the cinemas, you can find information related to the producer or holder of the usage rights at the Public Film Registry.

If I want to insert a film segment into my website, who should I ask for permission?

Any use of a film (or similar) on the electronic network must be authorized by the legal holder who, generally, is the Producer or who, according to the contract, has acquired the rights from him.

And if I want to use a film segment on a generic CD-ROM?

Also in this case, the authorization for the use of parts of cinematographic works (or assimilated) on CD-ROM (and in General for off-line media such as video tapes, DVDs, etc.) should be requested from the Producer or from those who have acquired the rights from him by contract.

I want to produce a series (or a film) and I want to quote several existing movie clips: what should I do?

To use parts of cinematographic or assimilated works you must obtain permission from the individual person or legal entity who holds the usage rights. In general the owner of the usage rights is the Producer or those who have acquired the rights from him by contract. For the works of Italian production or co-production intended for circulation in the cinemas, you can find information related to the producer or holder of the usage rights at the Public Film Registry.

At a paying film screening, how many free tickets are exempt from payment of authors’ rights tariffs?

The free tickets are exempt to the extent of 5% for every type of venue.

At a paying film screening what is the percentage to be calculated for the payment of authors’ rights?

The percentage to be calculated for the copyright is equal to 2.10% of the net proceeds.

What authorizations do I need to make a film screening in public areas/places?

The remuneration paid to S.I.A.E. regards the film soundtrack. For the screening of the film you must also ask for permission from the film producer who created the work regardless of the type of support systems used for reproduction.

I am organising a film festival in an open area with projection of films borrowed free from a public library. Do I need to pay public performance rights?

YES. You must pay the tariffs due for public screening. Only uses performed "for the services of libraries, record and film libraries of the State and public bodies ", for works present in the same existing structures do not require authorization by the relevant rights holder.

What is meant by a concert-film?

We mean a work with a predominant music content made up of, as a rule, from concert footage with interviews and images of the backstage. The figure of the director and the film producer are present and it has cinematographic clearance.

Why is there a levy due for private copying?

The levy for a "private copy" is due to the benefit that the consumer derives from the faculty by law to reproduce legally, for personal use only, sound and video, without having to seek the prior consent (License) of authors, performers and producers, which have independent exclusive rights of reproduction. Consequently, the person who makes copies for personal use of either musical and/or audiovisual recordings without paying the levys for "private copying" is infringing the law.

 

Who can make "private copies" of sound and video, and under what conditions?

Only private persons, provided that the reproduction of sound and video is lawfully made:

• for personal use only, provided that it be non-profit and not for direct or indirect commercial use;

• through the use of recording devices and media for which remuneration has been paid for a " Private copy " as foreseen by the law.

Under the conditions indicated above, individuals can therefore legally make copies of phonograms and videograms, without the prior consent (license) of authors, artists and producers.

 

When is the reproduction of sound and video not allowed?

In all other cases, the reproduction of sound and video - without the prior (license agreement) of authors, artists and producers - involves infringement of the exclusive right of reproduction of the same authors, artists and producers, and is therefore illegal and punishable by law.

 

Which products come under the "private copy" levy?

The levy applies to:

• all blank recording media, analogue and digital, suitable for recording sound and video (CD-R, CDRW, DVD-R, DVD-RW, etc.), Including memory sticks and hard disks.

• All recording equipment, analogue and digital, suitable for the recording of sound and video on the media.

 

How much is the levy for private copying?

For the levy please refer to "Regulations" (Ministerial Decree of 06/20/2014).

 

Who should pay the "private copy" levy?

The levy should be paid by those who manufacture or import recording devices and support systems into Italian State territory in order to earn profits. In the event that the manufacturer and the importer does not pay the levy due, the distributor of recording devices and support systems will share joint liability. By importer we mean anyone on the Italian territory recipient of devices or archives subject to levys, whatever the country of origin of the equipment. In case of commercial operations also made by persons living abroad to a final consumer, the importer is the one who makes the sale or offers product availability. The distributor is defined as any commercial enterprise, both wholesale and retail, in any capacity, who distributes, even occasionally, recording devices and support systems subject to levys anywhere on Italian territory.

 

What powers of control does the SIAE have in the field of "private copies"?

By law, the SIAE has the right to check on all the activities related to the manufacture, import and distribution on Italian territory of recording equipment and blank support systems. To this end, the SIAE auditors have access to local manufacturers, importers, distributors and duplicators, and may ask for the documentation of past artistic activity.

 

Which SIAE office must I go to for information on "private copies"?

You must contact: Mercato Fonovideografico e Antipirateria, Ufficio Copia Privata, e-mail copiaprivata@siae.it

How much does the SIAE receive during the execution of works administered by the opera section?

The opera section sets its own box office prices. In some cases, those entitled may request the upper (but not lower) tariffs from those in the Section. These tariffs, which could vary from case to case, must be communicated to the Section before the date of the performance.

What are the tariffs for the DOR/Opera Section for proceeds for authors’ rights on radio and television broadcasts?

Authors’ rights tariffs on radio and television broadcasts are stipulated in agreements between the SIAE and the broadcasters. They are related to the type of work, the duration of the work, the importance of the program (national or regional, time zone transmission, etc.) and the type of station (local or national).

What are the authors’ rights tariffs for performances of re-elaborations?

The rates of the opera section do not distinguish between original works and re-elaborated works. The same tariffs are valid for both the original and re-elaborated works.

What are the tariffs payable by the audio and video media producers for the use of works protected by the DOR and the Opera Section?

For the recording and reproduction of audio and video media the SIAE receives a tariff. The tariffs for this type of utilization is paid as a percentage of the sale price of the support and previously agreed upon with the trade associations. Video support systems require the prior consent of the legal holders via the office of the Section at the address: media-lirica@siae.it or media.dor@siae.it.

What is meant by "theatrical years"?

It means the theatre season that runs from September to August.

Can the holders of authors’ rights prohibit representations?

Yes, they may prohibit them or issue authorizations with limitations on the time and place, the choice of the performers and directors, the drafting of the text.

Can authors concede "exclusive rights"?

Yes, the author may grant for a specified period and, if necessary, for a specific geographical area, the authorization for "exclusive" use of his/her work.

Am I required to contact the DOR section in order to use a theatrical work by a foreign author?

Yes. If the author is a member to a foreign sister company with which the SIAE has relationships of reciprocity and is represented in Italy by a dealer, the DOR section will speak to the legal holder and issue a permit for usage.

Can the holders of authors’ rights ask for compensation from the one established (user tariffs)?

Yes, they can ask for greater compensation, starting from the user tariffs established for the different types of works.

Can the SIAE issue representation permits to amateur companies without first contacting the author of the work?

The SIAE normally grants representation permits to amateur companies at the same time as the request is made, except in cases where the legal holder has expressly asked to be consulted.

Does an amateur company looking to stage works not protected by the SIAE request prior authorization from the SIAE?

Yes, to ensure that there is no usage of repertoires protected by the SIAE (music, literary passages, theatrical songs other authors, etc.)

We are an amateur company whose plan is to stage a re-elaboration/translation/adaptation of an existing work. Do we have to ask permission from the SIAE?

The SIAE does not intermediate the right to adapt/translate/re-elaborate a work, which remains the exclusive right of the author. You need to apply directly to the legal holder, unless the work has not become public domain (70 years since death of the last of the authors), in which case the re-elaboration is free.

What authorizations are needed for an amateur theatre company who wants to put on stage a play by foreign authors?

Requests for authorization should be sent to the SIAE agency responsible for the area at least one month before the date of the representation. It must be signed by the company manager and contain all the following information: title, author, any translator/processor, the name address and telephone number of company, places the dates and times of the performances, the number of planned performances, theatre capacity, ticket price, name and address of the company manager. The list of agencies and their contact details can be obtained from the following link: https://www.siae.it/en/about-us/offices-and-contacts/siae-offices-in-italy - In the case of an affirmative response from the legal holders the work protected by the SIAE will not be allowed to undergo any variations.

If I want to show two one-act plays by protected authors in one single representation, will I have to pay double tariffs?

Certainly not. The compensation will be that normally payable for each performance; the SIAE will allocate the proceeds between the legal holders.

I am a DOR author and I would like to know, in order to catalogue my work correctly, the difference between musical comedy with original music and musical comedy with no original music?

Musical comedies with original music are played with specific composed music and are filed entirely in the DOR section (script, lyrics, musical scores), while musical comedies with non-original music use songs already filed at the Music Division. In the first case the Director of the executions will not be required to prepare a music  program for the organizer because the work is considered as a single whole piece, in the second case a musical program must be completed with the indication of all the pieces of music performed.

We are a group of friends and we would like to set up and replicate in several church halls a famous, internationally renowned musical, what should we do?

First you must get in touch with the SIAE Office for the area, stating the title of the work and the authors and any translations thereof. You should know that for certain representations of the foreign or Italian repertoire prior authorization from the legal holders must be obtained, who have the right to deny authorization to perform some theatre works both for professional companies and for amateur groups.

What does the SIAE do for multimedia?

The Multimedia SIAE Office issues licenses and authorizations for the use of audiovisual or musical works on the Internet through services available on the move.

When do you need a SIAE license for utilizations on the Internet?

A license must be obtained for any use of music on the internet out of the ordinary family circle,

as, for example, in one of the following forms:

• services, sites or sites that carry the streaming of works or fragments of works, video clips, concerts and other musical events, live or deferred;

• sites that offer music works in streaming with default programming (Web Radio);

• sites that offer television programming in default streaming containing musical works (Web TV);

• services, sites or sites that provide music for an audience, in any format, for downloading or streaming, for a tariff or by subscription or free of charge;

• Corporate, industrial, institutional or personal sites that contain music as accompaniment or background;

• sites of artists, authors, publishers and phonogram producers of for the self-promotion of their musical works;

• sites that offer podcasting with musical content.

Who should sign the SIAE license?

Contracts must be signed by the legally declared owners of the site and web domains, in particular, the owner of the organisation and creation of the contents.

What is the relevant legislation for the protection of authors’ rights on the Internet?

The relevant legislation is the Law no. 633 of April 22, 1941, as amended, "the protection of the authors’ rights and other rights relating to its implementation". In particular, Art. 12 of the Act states that the author has" the exclusive right to financially exploit the work in any form and way”, the recently modified Art. 16 foresees the exclusive right to communicate and make the works available to the public so that everyone can access them from the place and at a time of their choice.

What are the activities authorized by the licenses and authorizations of the SIAE?

SIAE licenses authorise the content provider, owner of the site or service:

• to reproduce protected works, via the uploading of files into its database;

•communication with the public via the Internet, telephone, or any other means of remote transmission in interactive form

• to make available to the public musical works for the purposes of downloading by private users.

They are not covered by SIAE licenses for "neighbouring rights" that belong to phonogram producers and to performers and executors for the utilization of, respectively, their recordings and their performances (arts. 72 et seq. Law 633/41).

How can I obtain a SIAE license for utilizations on the Internet?

Many multimedia licenses can be requested and obtained, prior registration, directly online through the SIAE site. The procedure is simple and fast. Once logged in to the SIAE site with your credentials, you can fill in the license by selecting, from the available options, the ones that best suit the type of service you want to offer to the public. After compilation, you can see a summary of the license and the tariffs to be paid. Then , the user can accept the estimate, or may vary the data introduced and get another quote. Only after acceptance, the electronic bank transfer data is generated for the payment of the tariffs due.

The license is perfected and is valid only after the electronic transfer payment. The license number to be entered on the site and your invoice for the payment will be sent by email within a few days. The licenses can be obtained directly from online services are as follows:

• AWR License (Web Radio mono-channel);

• AWTV License (Web TV);

• AMCS License (Music and complement the background);

• AAPF License (self-promotion for artists and phonogram producers);

• AAEM License (self-promotion for authors and publishers);

• DD License (Digital Delivery).

Is it true that if you use songs or fragments of songs lasting less than thirty seconds a license is not necessary?

No, the license must also be obtained for short fragments.

Is the SIAE license sufficient to be able to legally use music on my site?

No, the SIAE Licenses are very clear  about this: the authorization that is issued in the name and on behalf of holders of authors’ rights (authors and publishers) does not include the "neighbouring rights" that belong to the phonogram producers, performers and the executors for their implementation of, respectively, their recordings and their performances (arts. 72 and et seq. Law 633/41). In order to make any kind of duplication, (including duplications on file uploads on the server) using, directly or indirectly, records protected by law you must, therefore, obtain prior authorization from the record companies.

Do the SIAE licenses also authorise the graphic reproduction of music and the lyrics of the songs?

No. We must always remember that, despite the extent of the mandate given to the SIAE, some specific rights are administered directly by the author or publisher, as is also specified in all our licenses. This is in fact the case with the graphic reproduction of texts and music, including their availability for viewing on your PC display and any downloading. For lyrics and scores of songs, permission must be sought directly from the authors or the music publishers.

What are the licensing costs?

You can find the different rates that correspond to the different types of utilization in the licensing forms to download and consult on this site. The cost is then calculated by applying the rate depending on the characteristics of the site or the service, or by requiring the estimate at the time of online licensing (see previous question).

Are all musical works protected by the SIAE?

No, only the musical works that belong to the repertoire entrusted to the protection of SIAE. Subject of protection of the SIAE are all musical works belonging to our associated authors, and those of authors associated to foreign companies for authors. Not subject to protection are those works belonging to authors who died more than 70 years ago, and their works have not been creatively re-elaborated.

If I have been authorized by the authors to use their works online, do I still have to go to the SIAE for authorization?

There are two options:

a. if the author is represented by SIAE, the authorization must come from the SIAE, which has been entrusted exclusively with the protection of the works of his associates.

b. if the author is not an associate or mandate member of the SIAE or a Company of foreign authors affiliated to it, an authorization maybe granted directly by the author himself.

If I want to upload a video on YouTube do I have to pay? And what about Facebook?

Uses through YouTube are covered by the License that SIAE has contracted with Google for this service. Depending on the function of the music in the video, you may need to obtain permission from sync. Facebook and other social networks who do not have a license for the use of musical or audiovisual works; users must therefore require individual licenses for the use of content managed by the SIAE. You have to remember that You Tube, like other platforms or social networks, can receive requests to remove or block the content of a video or a profile for many reasons related to copyright (not only SIAE, but also record labels, artists or individuals) or not. An example, you can request the removal of a video that violates privacy or because it is defamatory or because the audiovisual quality is poor and can damage the artist's reputation.

I would like to use music as a background to my site: which license do I need?

The license needed in this case is the AMCS. The license for accompaniment and background music (AMCS) is available for online compilation on the SIAE site.

I would like to open a web radio: which license do I need?

To regularise radio webcasting activities (similar to that of the radio stations, in that there is a schedule and no interactivity), you must request the specific SIAE Authorization, which foresees diversified rates in relation to the amount of music within the schedule of the web radio program schedule and the legal nature of the owner. The Web Radio license is available for compilation on the online site of the SIAE.

I would like to open a web TV. Which license do I need?

To regularise the television webcasting activities (similar to that of television stations, in that there is a program schedule and no interactivity) you must request the specific SIAE Authorization, which foresees different rates in relation to the legal nature of the licensee, and the quantity and type of content in the program schedule. The Web TV license is available for compilation on the online site of the SIAE.

I would like to insert one or more videos on my website: Which license do I need?

You can put up to a maximum of five videos on your site for a total period of up to thirty minutes by requesting the AMCS license for accompaniment or background music. In the case you want to insert more than five videos, you will need to obtain an online license for Web TV or subscribe to the license for Musical streaming or SSP MSP.

I would like to put a film online: Which license do I need?

You must first, however, obtain permission from the producers or film distributors to use their works. The SIAE collects the due tariffs for the soundtrack and fair compensation for every film or audiovisual work downloaded or displayed.

What is an audiovisual work?

For "Audiovisual Works" we mean those works referred to in Articles 46-50 L.D.A. such as films for cinemas (fiction, documentaries or animation); edited films for the cinema; Short films; TV movies; television serials (series, soap operas, sitcoms, etc.) fiction or animation; documentaries of any kind, original or from archives. Within the definition of "Audiovisual Work" we also have Web Series.

When do you have to obtain a SIAE license to create personalised elaborations for commercials (Radio In Store)? Which license do I need?

The use of musical works must be authorized even when it is used for B2B, as in the case of the Audiovideo in Store services, whatever the transmission technology used. The license must be signed in advance by the Music Provider who supplies the personalised television elaboration for commercial chains, airports or stations, shops and restaurants, etc. To obtain a license or receive the necessary information please contact: audioinstore.multimedia@siae.it.

Which activities are authorized by a License for in SIAE store sound reinforcement services?

The SIAE license gives the Music Provider the following rights, non-transferable to third parties:

a) the right to reproduce the works of the SIAE musical repertoire for the creation of a personalised re-elaboration or aimed at subsequently making available the connected points.

b) the right to communicate the re-elaborations at a distance the without any distinction between the transmission technology used (Internet, Intranet, satellite or other media).

Do the SIAE licenses issued to the Music Provider also cover the obligations of the selling points of the Network?

No, on this point the licenses of SIAE are clear.

The execution right must be fulfilled by the individual or local sales outlets connected to the In Store Audio Service. The latter must pay the rights for the public performance of music in environments open to customers.

What happens if I use protected works without the necessary authorization of the authors or of the SIAE?

The answer is found in the legislation on Authors’ Rights: anyone who uses a work illegally, i.e. without the consent of the legal holders (authors and publishers and the SIAE on their behalf, but also the holders of relative rights), commits an offense and is punishable by law. The consequences can be either civil (seizure, injunction, damages, etc.) or penal.

How do I send reports to the SIAE?

If you are a registered user and your license does not include the provision of free and/or paying download services, you can compile and download the report form directly in your user area. If you are not in possession of access credentials to the site or your license includes free and/or paying download services, you can download the track to the following link (LINK) and send it, under the terms stipulated in the contract, at: report.multimedia@siae.it.

When do I have to obtain a SIAE license to create personalised elaborations for commercial (Radio In Store)? Which license do I need?

The use of works protected by authors’ rights must be authorized in advance by the legal holders: this also applies for In Store uses. The license for audio-video store services must be signed prior to the beginning of the commercial exploitation of music by all those wishing to offer, as a content of their own In Store Radio service, the repertoire administered by SIAE. To obtain this license or to receive more information about the same please contact our Multimedia Office.

How will the proceeds for authors’ rights be allocated?

With the signing of the authorizations, the Music Provider agrees to provide annually the report of the broadcasted playlists containing the titles of the authors' works. Technical details for the report shall be made available by the SIAE itself so as to ensure the automatic identification of the musical works used. Punctual reporting activities are an indispensable tool for the SIAE for the distribution of royalties to legal holders. The accurate attribution of the accrued royalties to the authors and publishers of works actually used depends in fact on a precise identification and a correct compilation of the reports.

What should be done if the organizer of the "event" does not submit the music program to the director of the performance saying that he/she will personally compile and hand in the form?

You must immediately inform and report the incident to the SIAE offices competent for the area (offices, branches or mandatory agencies). The compilation of the music program, to be completed in the part specifying the repertoire performed, is exclusive competence of the Artistic Director who is personally responsible as a SIAE associate.

How do I trace the exact titles and the names of the composers of the pieces to be scheduled?

Before the musical event the artist should collect all the data relative to the repertoire to be performed (authors and titles of the works), available from the score, on the copies of the records or visual media, on publications and specialized sites and with the help of the SIAE works database, accessible on the company website. Information can also be obtained beforehand from the Assistance Centre for Music, "Pythagoras", in the Music Division.

What happens if pieces not used are included in the music program or pieces used are not included?

When irregularities are detected the music program it is cancelled. The holder of the permit is liable to the penalties foreseen by the permit itself and the associate/the signatory of the program may be subject to disciplinary proceedings. In severe cases criminal sanctions are also possible.

For educational purposes, I want to show a DVD to my students in the classroom. Do I have to pay tariffs for authors’ rights?

No, as long as the vision is exclusively reserved to students and is without charge.

If I listen to music from my MP4 must I pay the royalties to the SIAE?

No, because it is private listening.

In our company we intend to install a phone system with hold-in-line music. Do we have to pay the authors’ rights tariffs?

Yes. There is a flat rate subscription, which varies according to the number of lines used.

During my wedding dinner in the restaurant, I would like to listen to music. Do I have to pay the SIAE?

Yes, if you are in a public place. The tariffs due for the use of music in the course of private parties (Weddings, baptisms, birthdays etc ..) are calculated at a flat rate and will vary depending on number of guests (up to 200 guests and over 200 guests).

In a private club I would like to install some musical equipment and would also like to organize events for members. Do I have to pay tariffs for authors’ rights?

Yes. Agreements with the National Associations foresee specific reduced tariffs, which vary depending on the number of members and, in case of installation of musical equipment, even the type of device installed.

I would like to organize a musical event for charity. Do I still need to pay the rights to the SIAE?

Yes: the authors’ rights is the remuneration entitled to the legal holder for the use of his works.

However, the Law on Authors’ Rights (Art. 15a of Law 633/41), states that the authors are entitled to a reduced tariff when the exploitation of their work takes place "in the headquarters of the centres or formally established welfare institutions as well as voluntary associations, provided the performances and/or representations are intended solely for members and guests, and provided that it is not done for profit."

I have to do a prose show with the use of short musical compositions. Do I have to pay the rights for each song performed?

For "incidental music" the tariff is calculated (no matter how many songs are performed) by a percentage on the proceeds, or at a flat rate in the event that the show is free. However, there is a reduced rate that can be applied if the total duration of the music does not exceed 4 minutes.

I have to organize a concert with works by authors who died more than 70 years ago. Do I have to pay the authors’ rights?

No, as long as the songs were not composed in collaboration with other co-authors still protected, or are carried out in the original version, and not in a re-elaborated version, of a composer who is still protected.

To use the text of a protected song do I have to pay royalties and request authorization?

If the use is to print the text (in anthologies, magazines etc ...) you should ask for authorization from the editor or directly from the author.

If you want to use text in for use in drama, you should request specific authorization from the SIAE and authors’ rights must be paid.

I am the president of an association which, within its own headquarters, is planning to organize music evenings by way of entertainment for its members; do we still need SIAE authorization?

Permission still needs to be requested for musical entertainment organised in the clubhouse and reserved to members. In this case the reduced rates provided for in the agreements between the SIAE and organisations representing social associations will apply.

If in a musical  program or a concert of classical music there are also pieces from the public domain, how much do you have to pay for authors’ rights?

As regards music programs containing music from the public domain tariffs for authors’ rights are calculated in proportion to the duration of the protected repertoire as part of the whole show. It will apply the rate of 10% on the proceeds, in compliance with the minimum or fixed rate for free shows that will apply according to the usual sections provided for by current regulations.

A High School will hold its end-of-the-year concert at a hall of the Conservatory of Music, as the school does not have suitable premises. The concert will be held by students, the entrance will be free and reserved to students, families, teachers and the authorities. The repertoire will be classical music and contemporary jazz songs. Do we have to pay the SIAE?

The agreement signed by the SIAE with the ministry responsible for public education outlines the circumstances under which authors’ rights are not due (article 15 paragraph 2 of Law 633/41). Particularly for events in schools, the tariff is not due when it meets the following conditions: that the event is organised directly under the responsibility of the educational institution, which takes place in a place pre-designated by the relevant institutional bodies, that access is free and open to students, their families, the teachers and the school authorities, that the event is set up by the students and the performance is carried out by them, and finally, that it is totally no profit.

I have to organize a classical music concert with a public domain repertoire. Do I have to ask for permission?

If the repertoire used is from the public domain you will not have to apply for permission. You will have to ensure that no works recognised as elaborations of public domain works are performed as tariffs are due for these.

A musical show Organizer arranges a presale of tickets. Are the proceeds from the presale to be considered in the calculation of the tariffs for the authors’ rights?

The presale managed directly by the organizer must be considered in the calculation of authors’ rights. In the case where the presale is managed by a third party, an amount equal to 15% of the price of the ticket is excluded from the calculation of authors’ rights.

My company is organising a concert of light music to which the public will participate free of charge. During this event, also to gain back expenses related to its organisation, some banners will be exhibited to sponsor some local/national companies; furthermore some private individuals contributed with donations. To what extent must we pay fees for authors’ rights?

The tariffs amount to 10% on 50% of the proceeds from contributions, grants, sponsorships paid in any capacity by individuals. The event is also subject to the payment of a minimum remuneration determined on the basis of the capacity the premises or the attendance (if the event is carried out in an outdoor location).

How much do I have to pay for a musical event, by invitation only and free of charge, organised to advertise a company’s products?

The tariffs for rights is quantified on the expenses for the event preparation, in compliance with the minimum requirements as shown in the tariff tables.

Do I have to pay royalties even if the event is free of charge and does not include an entrance tariff but a free donation?

Yes. For the purposes of determining the amount to be paid for authors’ rights, in fact, a free demonstration is considered free only when the public have access free of charge and there are no proceeds attributable to the show, including donations in money.

I am the owner of a cafè that sells foods and beverages. I would like to organize some musical entertainment events, live and/or with a DJ. To what extent do I have to pay the tariffs for authors’ rights?

The calculation basis for the settlement of rights is equal to 50% of the proceeds from the sale of drinks/food. On this basis of calculation the rate of 10% for royalties applies. The amount payable for each event, according to the above method of calculation, cannot in any case be less than the minimum compensation. Reductions are foreseen for members of associations with which the SIAE has signed special agreements.

I am a cafè owner. During summer I organize musical events in the square outside my bar, and have noticed that the minimum tariff applied for authors’ rights is different.

When you organize musical events in outdoor areas the minimum tariff for authors’ rights is calculated based on the attendance and when the musical event is organized inside closed premises the tariff is calculated according to other parameters.

In the case of flat rate determination of tariffs for dance activities in nightclubs and similar spaces, what is the period for the flat rate tariffs for rights?

The package normally has a monthly validity. Longer periods can be considered though not exceeding the calendar quarter.

Why does the SIAE ask for a security deposit?

The security deposit that the organizer pays to SIAE is a guarantee for the obligations undertaken by company.

Failure to request permits may also have legal consequences?

Yes, the law foresees criminal sanctions for those who organize illegal events.

Can I request authorization by sending an e-mail or certified mail to the competent SIAE office and then going in person later to complete the documentation?

No, SIAE permission or authorization may be requested only by going directly to the competent SIAE office or by registering at www.siae.it to activate the procedure for the request of permits online. Communication  by mail, fax or telephone is not a substitute for authorization of representations and/or performances.

I would like to organize some dancing events in my hotel, for both my clients and external patrons. What SIAE authorizations do I need?

Regardless of the type of customer present at a public musical performance you will always have to request prior authorization from the competent SIAE office for the area.

I would like to understand if clubs and associations are required to pay the SIAE for small events up to 200 people that end by midnight.

With regard to authors’ rights and the competencies of the SIAE, there are no specific regulations in relation to the above mentioned peculiarities. As you mentioned associations/clubs, it should be noted that special incentives under conditions grouped in the so-called "Framework agreement" signed by the SIAE with the Association world (which was signed by several dozens of national associations, such as, by way of example, ARCI, ACLI, ASI, AUSER, CSAIN, CSEN, CSI, ENAL, ENDAS, Fenalc, LIONS, UNPLI). Obviously these arrangements apply and are applied throughout the whole national territory.

I have a public enterprise and regularly pay the SIAE for the background music. If I organize an evening with DJs, am I in good order or do I have to request additional authorizations?

In this case you must ask permission from the SIAE and the two different uses will pay different paid specific tariffs.

What are the tariffs for street artists?

 For the true performances and proper musical performances there is a subscription tariff.

I requested a permit, but the event, for whatever reason, cannot be done. Can I retrieve the sum at a later date?

Yes, you can retrieve the sum at a later date. It is absolutely necessary, however, to communicate the cancellation BEFORE the time specified in the permit, so as to allow the SIAE to perform verification activities.

On my premises I would like to organize events, during happy hour time and using my own stereo, for which I already regularly pay the annual subscription, but at a higher volume than usual and with a specific kind of music to entertain my clients, but WITHOUT the intervention of a DJ to select the songs. Do I still have to request permission and pay the appropriate tariffs?

If the music is reproduced at a volume that it cannot be defined as "background" so as to constitute a specific attractive element characterizing the event, a specific authorization from the SIAE is required for "musical executions without a DJ ", for which specific rates are established.

I'm a musician registered with the SIAE and during the events in which I participate I perform only songs composed by me. Do I need to pay the SIAE also in this case?

The SIAE collects the proceeds for all the authors enrolled, even in the case where both the author is the one performing his tracks. Even in this circumstance the event organizer needs to request authorisation and pay the authors’ rights.

I'm a musician called to perform at a public venue. Do I have to request the permit?

No. Both the permit application and the payment of authors’ rights are the responsibilities of the event organizer. Your duty is  the correct compilation of the music  program and faithful indication in the designated spaces of the pieces performed.

My company runs a children's playroom/space in a Supermarket/Kinderhouse. Do I need to pay rights for music used in the background for recreation activities or amusements held for the birthdays of the children themselves?

Yes. Both types of activity are subject to specific tariffs that may be an annual subscription (for the simple diffusion of background music for recreational activities) or for single entertainment events (Parties/Children's birthdays).

If I use the music of deceased authors do I have to pay the tariffs for authors’ rights?

There are no tariffs for works in the public domain by which we mean those public domain works whose author has been dead for more than 70 years (79 for French works) and you are not using any re-elaboration of his works that comes under protection of rights.

For the musical performances made during electoral events organised by political parties or individual candidates, are tariffs for authors’ rights due?

Yes. In particular, for music transmitted through mechanical instruments at rallies (outdoor and indoor) and vehicles equipped with loudspeakers, there is a flat rate for the entire duration of the electoral campaign.

In a room located at a public hospital we would like to organize a musical show free of charge and reserved for patients: is this due to authors’ rights?

The musical performances given as part of the hospital activities do not require the payment of royalties (Art. 15 the Law on Copyright), so they are not subject to authorization and, therefore, payment is not due.

What is the music program? Is its compilation compulsory?

The musical  program is a crucial document because it allows the SIAE to distribute proceeds to their respective authors. Because of this, the compilation of the music  program is compulsory and must indicate precisely all pieces performed and the titles and authors of the pieces.

For the musical performances of a band performed as part of an outdoor party, are the authors’ rights already met if the band is in possession of a subscription permit with the SIAE?

The subscription by the band is valid if the performance of the band is the only attraction on the program and as long as the event is free.

What are the elements that constitute the basis of calculation of royalties for an event organised by a subject other than a public body or local authority?

Total ticket sales, subscriptions (pro-rata). Proceeds from refreshments if there are any together with shows and, with the discounts mentioned in our published tables, the collection of donations for the specific event. 50% of the proceeds from contributions, grants, sponsorships paid in any capacity as private person. 35% of the proceeds coming from grants and subsidies allocated freely by public bodies or local authorities. The full amount of the proceeds arising from televising and/or radio rights.

How are the minimum tariffs due for authors’ rights determined in the case of outdoor musical events?

In the case where the musical events (pop concerts, dance, jazz and evening dancing and entertainment) are conducted in outdoor areas, or where the capacity is not determined or determinable, the tariffs for authors’ rights are calculated on the number of participants.

If an association such as ACLI -AICS -ENDAS etc. organises a free outdoor event aimed at the entire population can they take advantage of the tables specified in the Framework Agreement?

No, because the tables of the Framework Agreement are only applicable to events reserved to members. There are some exceptions such as the annual Festival of the membership.

 I am a village pastor and my parish is organising a music concert in the town’s square  for the village festival; I would like to specify that the event will be free of charge and that there will only be a collection from attending faithfuls. Do I owe anything to the SIAE?

The royalties will still have to be paid for a street concert even without any proceeds and to be paid specifically for the show from participants.

When can you consider an event “free of charge”?

Only those events that offer free access to participants and where the public have free access. Accordingly, it can be considered free in the total absence of any proceeds attributable to the show including donations in cash, and the expenses are sustained totally by the organizer, without the latter making any profit.

For a public holiday, an army band will be performing free of charge. Do I need to pay public performance rights?

Musical groups and bands of armed bodies of the state may publicly perform musical pieces or parts of works in music, without payment of any compensation for authors’ rights, provided that the performance is carried out non-profit and the whole band performs free of charge.

In the music  program do we also have to state the authors registered to other collecting companies?

Yes, the program must also state the authors subscribed to other collecting companies.

Why does the SIAE release General Licensing Conditions for radio/television broadcasting?

The law (Art. 180, L. 633 of 22 April 1941) assigns, exclusively, to the SIAE the mediation activity for the management of authors’ rights and, in that context, the exclusive legitimacy for issuing the authorizations necessary for the communication to the public and the collecting of dues for the works and intellectual property of authors and publishers associated with the SIAE and with whom the SIAE has stipulated a reciprocal representation.

In which cases must the General Conditions of the broadcasting License be subscribed to?

The General Licensing Conditions for the radio/television broadcasting must be signed by those who perform or intend to start an activity of communication to the public of  programs /re-elaborations set up by virtue of his choices and decisions and under their own responsibility using, in this context, works of the repertoires administered by the Music, Opera and DOR-Lyrical opera Sections and OLAF of the SIAE as well as by the companies who represent them.

Which of the models for General Licensing Conditions for broadcasting should I choose?

There are 6 license models in use and they differ depending on the means of communication used (Radio/Television), on the territorial ambit of broadcasting (national/local) and the technical procedures used for the diffusion (DTT / Satellite FTA / satellite in coded form).

Which SIAE Office do I need to contact?

The Radio/television Broadcasting Office of the Directorate General of SIAE issues:

• General Licensing Conditions for national television broadcasting companies (DTT);

• General Licensing Conditions for satellite television broadcasting companies;

• General Licensing Conditions for satellite television broadcasting companies in codified form;

• General Licensing Conditions for national radio broadcasting companies.

It will be necessary, however, to contact the territorial Office (Office) competent for:

• General Licensing Conditions for television broadcasting companies in the local area;

• General Licensing Conditions for radio broadcasting companies in the local area.

What should I do if I manage or plan to set up a web radio or web TV?

In such cases you need to contact the SIAE Multimedia Office of the Directorate General responsible, among other things, for granting the authorizations necessary for conducting such activities.

What rights are subject to the models of General Licensing Conditions for broadcasting?

Licenses for radio/television broadcasting authorise:

• the right to communicate to the public works reproduced either live or recorded on other support systems;

• the right of reproduction of the works to the extent that the recording is carried out solely by the Licensee in the function of communication to the public;

• the right of performance, representation or acting, but only in the case in which the performances are organised by the Licensee on his own premises or in open spaces or freely accessible to a public who will participate within the limits of the  program’s functional requirements.

Do the Licenses extend to the utilization of radio and television programs online?

The General Licensing Conditions for broadcasting extend to the dissemination of radio  programs through web sites provided they are in the ownership of the Licensee and that communication to the online public takes place perfectly simultaneous to the radio or TV programs. Are excluded, however, the scope of the objective General Licensing Conditions of the broadcasting exclude, however, any forms of utilization for on-demand streaming, downloading, catch-up and web casting, regarding which distinct specific authorisation from the SIAE Multimedia Office must be acquired.

Are synchronisation rights included in the objective ambit of the General Licensing Conditions for television broadcasting?

No, synchronisation rights are not authorized by Licences for broadcast television. It is, , necessary to acquire the prior explicit consent of the authors, for the uses that occur in advertising, in forms of self-publicity or as day signals at the beginning or the end of the transmissions as acronyms or identification signals for fixed agendas. You also need to acquire the explicit prior consent of legal holders for the utilizations performed with the on-screen scroll of literary texts in the performance of contemporary music compositions (Karaoke). There are, , two exceptions: Licenses, in fact, authorise works with the combination of music and images carried out for the realization of announcements for the Licensee’s  programs or for social utility messages.

Does signing one of the models of the General Licensing Conditions for radio/television broadcasting authorise the use of all the works included in each of the Repertoires administered by the SIAE and by the collecting firms with which the SIAE holds reciprocal representation relationships?

With reference to works included in the Repertory Administered by the Music Division of the SIAE, the Licenses for the radio and television broadcasting are "administered by the SIAE and those collecting firms with which the SIAE holds reciprocal representation relationships (Small Law). By signing a license for broadcasting you also acquire a generic authorization to use the works included in the repertoires administered by the DOR-Lyrical Sections and OLAF (Literary and Visual Art Works) of the SIAE. This authorization must be supplemented with the procedure described in the Licensing conditions for the acquisition of specific consent necessary for the utilizations of the works in these Repertories.

In the event that you use, as part of your program, elaborations from works administered by the Cinema Section you will need to make contact with their offices for the subscription of the specific separate Agreement concerning fair compensation for authors of cinematographic works or assimilated in accordance with Art. 46a LdA.

How is the due compensation determined?

The tariff due for the utilization of works included in the Repertory Administered by Music Division is determined as a percentage of the annual proceeds related to the broadcasting activity in question. The percentage rates of compensation - reported in the Tables attached to the General License - depend on the amount and type of music typically present in the broadcasted  programs in relation to the use of other Repertoires or contents. tariffs due for individual uses of works included in the Repertoires Administered by the DOR Section (Dramatic and Radio/televised Works) – the Opera and OLAF sections (Literary Works and Visual Arts) are mainly parameterized, together with the broadcaster’s annual turnover, the duration of the utilizations in question, all in accordance with the criteria set out in the Tables attached to the General Licensing Conditions.

What are the procedures for payment of due tariffs?

The Licensee must pay advances – at a variable rate depending on the License model and the needs set forth during the negotiation – on the tariffs due annually, the amount of which is provisionally established on the basis of the tariffs actually paid in the previous year (for the first year of activity it is based on revenue forecasts) unless the balance is to be paid in a lump sum at the closure of the final financial statements for the year of competence.

What obligations and charges arise from the signing of the General Licensing Conditions for radio/television broadcasting?

Those who sign the General Licensing Conditions for broadcasting are required to comply with all relevant provisions, including the following duties and charges:

• full and timely payment of the due tariffs;

•the production of accounting documents and financial statements required for the accurate determination of the tariffs to be paid;

• submission of the analytical reports on the programs emitted in accordance with the needs of SIAE relating to the distribution of the royalties to its associates the legal holders;

• communicate to the SIAE any final modifications in the programsprograms which might entail a permanent change the type of performance and, , the need for the SIAE to review the tariff rate applied to the broadcaster.

• allow the SIAE to carry out controls on the accounting and administrative records that are relevant to the application of the Licence.

Is it possible to benefit from any form of discounts?

Once the Report has been correctly compiled and sent in due time (everything must be prepared in exact accordance with the instructions provided by competent Office for Distribution Class III ripartizioneclasseiii.musica@siae.it), then a percentage deduction in the tariffs due may be awarded, the amount of which is contractually fixed to an extent that approximately amounts between 5% and 6%.

How can I report a case of piracy?

To report a case of alleged piracy related to works protected by copyright, as regards both the physical and the digital markets, you can send an email to: antipirateria@siae.it.

I bought a CD/DVD without the SIAE sticker, is the product genuine?

All carriers containing voices sounds or moving images distributed for profit must bear SIAE authentication (art. 181 bis Law 633/1941). The Anti-Piracy Bureau is on hand to provide useful techniques for the identification of irregular products (antipirateria@siae.it).

I bought a music file on the Internet. In this case is the SIAE authentication obligatory?

No, the obligation SIAE authentication only covers works - for distribution and for the purpose of Profit – recorded on physical carriers. Obviously the music files must be purchased from sites that comply with authors’ rights.

I have read that AGCOM can remove illegally used works from the net. Can I send a claim for removal to the AGCOM through the SIAE?

Authority for Communications Guarantees (AGCOM), which came into force on 31 March 2014, enables rightholders to submit removal requests directly to AGCOM through www.ddaonline.it. The SIAE Anti-Piracy Bureau, linked directly with AGCOM, is available to provide advice and assistance on the subject (antipirateria@siae.it).

Why should I ask the SIAE for a DJ License?

In your DJ activities you often need to transfer music from CDs, LPs or original digital files to blank support systems such as PCs or digital memory discs in order to use these customized copies during the evenings. The copies transferred in this way, intended for use in public, do not fall within the definition of "private copy" in Article 71-sexies of the Law on copyright 633/41, which allows only the "private copying for personal use only, provided there is no profit and no directly or indirectly commercial use". Your copies fall under the definition of "working copies", and as such must be authorized by the legal holders, and then by the SIAE on behalf of the authors and the publishers of the music reproduced.

What is included in the license, and how can I apply for it?

A copy of the license and instructions for registering to the site and sending the application is available on the SIAE website in the area for services on-line. You can also apply for the license at the offices of the Territorial Network, but you will still need to register to the online Deejay services to report the "working copies" you have made, and thus create the license Certificate, which testifies legitimacy.

How long is a license valid, and how much does it cost?

The license is valid for 365 days from the day of payment. There are two bands of tariffs in proportion to the amount of working copies you expect to create in a year:

A - up to 2,500 working copies: € 200.00 + VAT

B - from 2,501 to 6,000 working copies: € 400.00 + VAT

For the registered associations of disk jockeys there is a reduction of 15%.

Both bands of tariffs carry administrative charges (€ 10.00 + VAT)

How do I pay the annual tariff?

If you choose to use the online service, you can pay via electronic bank transfer at a physical bank or through internet banking services. If you have submitted the application for a license at an office of the SIAE Territorial Network you can pay in cash, by check, bank transfer or switch card.

How long is the duration of my ONLINE DEEJAY license from the starting date of its validity?

License validity starts from the day of payment and can be used only after declaring the working copies that you intend to use and after you have generated the license certificate.

How do I renew my license when it expires?

You will be notified 30 days, 15 days and 5 days within the deadline. In the section LICENSE RENEWAL you can use the procedure for renewal and choose the mode of payment for the annual tariff.

What should I do to reproduce protected works on carriers such as CDs, DVDs, etc.?

To record music and other works managed by SIAE, you need a specific license issued by the SIAE and you must pay royalties for reproducing protected works.

Royalties are also due in the case of self-productions. The phonographic and video-graphic reproduction licenses are issued by the DRM centralizzato, unified for the entire national territory. The application forms for the license is published in the Users area, and after compilation must be submitted by email to DRMCentralizzato.MFV@siae.it, together with the other documents required for the different types of reproduction. The payment of tariffs can also be made by wire transfer. 

Can I have an idea of the approximate cost for rights and stickers for a CD, DVD, etc.?

The compensation for copyright is usually a percentage calculated on the price, which varies according to the genre and duration of the repertoire used (music, drama, literature, etc.), with minimum tariffs diversified for form and/or genre of the repertoire. For carriers that reproduce movies, TV series and such, SIAE also collects the Fair Compensation tariffs due to directors, screenwriters and adapters. In case of free distribution the minimum tariffs are applied. Tables of percentages and minimum tariffs for all licensesare published in the Users area. Royalties are subject to VAT. At the moment of issue of the license, the SIAE affixes the stickers in accordance with art. 181 bis of Law 633/1941 at following costs, as established by D.P.C.M. 21 december 2001: € 0,031 for each support system or boxset to be sold, € 0,0181 for each support system or boxset intended for free concessions.

Are there any facilitation or special terms for authors’ rights, in the event of large quantities of carriers?

Premium Licence is available - in Users area - for free distribution of at least 30,000 copies of carriers containing musical works. Its specific tariffs take into account both duration of musical works and amount of copies.

How do I put up for sale music tickets, microchip toys, tablets, mobile phones or other equipment with pre-recorded memories that contain musical works?

In the Users area there is a separate license for the use of music on carriers such as memory cards, flash memory or e-prom, microchips in toys, greeting cards, file readers, tablets, mobile phones, etc. The minimum tariff for the license takes into account the number of tracks used; facilitations are provided for productions of at least 30,000 items.

In order to build and sell an audio or video support, do I simply have to pay the SIAE authors’ rights and the stickers?

SIAE doesn't manage all rights provided by Copyright Act (Law 633/1941): in the following cases, you need to ask for authorization directly from the rightholders of the works:

• If the reproduction uses an existing recording (for example, it comes from a record or a file on the market) you need, at the outset, to acquire the permission from the owners of the rights on the master, such as the producer of the record in question.

• For the reproduction of live music, and live performances/entertainment of any kind, you need permission from the performers.

• For the reproduction of song lyrics on carriers intended for use in karaoke you need specific authorization from the publisher of the songs themselves.

• For the reproduction of audiovisual carriers: Theatrical and Radio/Television works, Literature, Opera and Ballets under SIAE protection, normally prior authorization from the authors is required, which can be obtained through the respective Sections of the SIAE (D.O.R., Opera, O.L.A.F.)

• For the reproduction of films, images and works of any pre-existing type it is of course necessary to acquire in advance the rights for reproduction on carriers from their relative owners (Film Producers, Television and Radio Stations, authors, etc.).

• In the case of distribution of carriers with protected content in association with a product or service or aimed at the promotion/advertising of a brand, you need prior permission from the authors and publishers.

• For the recording onto carriers of audiovisual material of musical works in synchronisation with images you need the consent of the rightholders of the works.

What is the timing in an audiovisual media?

Synchronisation is the combination of musical works (sound) with the images, and is not within the mandate that the associates of the Music Division give the SIAE. On the SIAE website is the site dedicated to the Musical Works Archive, where you can find contact information of music publishers to forward your synchronisation request.

Can I use a less complex procedure to synchronise music and images?

The SIAE has received the mandate from several leading companies in Italy in the so-called field of "Production Music" to grant licenses for synchronisation and for the use of the matrices for music catalogues of intended to give sound back up for films reproduced on video and CD-ROM carriers. So you can obtain all the authorizations you need for the creation of audio-visual media in one single application to be sent to DRMCentralizzato.MFV@siae.it, Rates and forms are available in the Users area.

Can I use in a film reproduced in audiovisual support the musical works for which I have purchased the synchronisation rights and the rights to use the matrices on the Internet?

Generally sites that sell synchronisation rights and the use of matrices via internet submit a contract to the purchaser in which the rights waived and the usage limits are clearly stated, and require the payment of a tariff. In these cases you simply have to forward a copy of the contract and the relevant invoice receipt issued by the seller to the DRM Central office. The possibility of sampling a piece of music under a Creative Commons license must be clarified directly with its authors. The DRM centralizzato, before issuing licenses for phono-videographic reproductions asks the manufacturer of the support system for the site links and the lists of titles and composers of the music pieces used, pending a request for additional documentation.

If I use a support system with the works of authors not associated with SIAE or other authors' societies do I have to ask for licenses or authorizations?

The rights that the Italian law provides for authors of original works are valid for the authors associated with SIAE and other societies of authors, and for any other author. Those who use the works of authors not associated with the SIAE or other companies of authors must deal directly with them or with their representatives to obtain the relevant licenses. In the case of reproduction on phonographic or video-graphic support, you will need the DRM centralizzato to enable you to identify unequivocally that the author is not associated and to forward their exact personal data. The affixing of the SIAE endorsement remains a compulsory requirement; its request must be made on the same forms used for licenses with authors’ rights. The DRM centralizzato, after the verification of the status of protection of the works, will only issue the stamps/stickers required pursuant to art. 181a Law 633/1941.

What should I do if I want to professionally import CDs, DVDs, etc.?

To import and distribute professionally in Italy supports purchased abroad you must apply to the SIAE before importation, in order to get the stickers to be affixed obligatorily on the carriers in circulation in Italy. The request for stickers must be made on the IC form.

• If the import comes from EU countries SIAE will only see the emission of the stickers at the charges laid down by D.P.C.M. December 21, 2001, and to the collection of dues, at a fixed charge of € 0.0168 for adapters of cinematographic and assimilated works. The SIAE may also ask the importer for a copy of the license issued by the Company of the authors in the source country.

• For carriers legally produced in a country outside the European Union, and carriers lawfully produced in a country in the European Union but with tariffs for royalties to be paid in the destination country, the flat rate tariffs per unit for royalties amount to:

audio carriers: € 0.50 per CD Album; € 0.25 per CD Single;

video carriers: € 0.15 (soundtracks) + € 0.0168 (fair treatment tariffs, if due).

Why is the SIAE endorsement required?

The law 633/1941 (art. 181 bis) states that for all support systems containing computer  programs or multimedia as well for each support system containing sounds, voices or moving images that records the works or parts of works protected by the law on copyright and is intended for trade or transferred in any way for profit must carry an endorsement label. The task of applying the adhesive is entrusted to the SIAE, with modality regulated by D.P.C.M. n. 31/2009.

How much do the SIAE stamps cost?

The unit cost is € 0.0310, reduced to 0.0181 euro for adhesives to be affixed on support systems to be distributed for free or in combination with publications sold without the normal price increase  (D.P.C.M. 21 dicembre 2001). The cost of adhesives is not subject to VAT (Art. 3 of Presidential Decree no. 633/1972). This cost covers only endorsements, the authors’ rights, if due, are calculated separately and subject to VAT.

Is it true that there are exceptions?

In cases specified by the law (paragraph 3 of Art. 181a of Law 633/1941), the application of the endorsement can be substituted with a "declaration of identification in substitution for the endorsement", a facsimile of which is available in the Users area of the site. Moreover, the categories of media listed in art. 5.3 and 7 of the Prime Ministerial Decree n. 31/2009 are not subject to the obligation of endorsement or the presentation of the declaration of identification in substitution for the endorsement. For any clarification, and to submit the substitute declarations, you can write to Vidimazione.MFV@siae.it.

I want to import a certain quantity of media into Italy. What should I do to receive the endorsements? Do I have to pay Copyright?

To professionally import and distribute supports systems purchased abroad in Italy you must apply to the SIAE before importation, for the adhesives to be affixed obligatorily on the system in circulation in Italy. The adhesives are requested using the IC form.  

• If the import comes from EU countries SIAE will only see the emission of the adhesives at the charges laid down by D.P.C.M. December 21, 2001, and to the collection of dues, at a fixed charge of € 0.0168 for adapters of cinematographic and assimilated works. The SIAE may also ask the importer for a copy of the license issued by the Company of the authors in the source country.

• For support systems legally produced in a country outside the European Union, and support systems lawfully produced in a country in the European Union but with tariffs for royalties to be paid in the destination country, the flat rate tariffs per unit for royalties amount to:

audio support systems: € 0.50 per CD Album; € 0.25 per CD Single;

video support systems: € 0.15 (soundtracks) + € 0.0168 (fair treatment tariffs, if due).

What is the SIAE endorsement that I find on the title pages of books?

The SIAE endorsement affixed on books should not be confused with the one intended for support systems. The purpose of the book endorsement is to let the author of the book know the number of copies printed by the publisher. This endorsement service for books is done by the SIAE on behalf of all authors, even if they are not their members.

For requests for book endorsements and for any further information you can write to DRMCentralizzato.MFV@siae.it.

If, during a sporting event with free admission, I use music CDs as background music, am I still required to pay royalties?

Yes, the rights will have to be paid in the case of free sports events.

In my company we have installed a PBX equipped with music for telephone holding times. Is it true that for this service we must pay a tariff to the SIAE?

In order to use on-hold music with protected works the authors’ rights must be paid. The SIAE fares have specific tariffs for subscriptions.

If my business is seasonal, do I have to pay a full-year?

No, by exhibiting the license from which you can infer the opening period of the year, you can receive a reduction on the amount of the subscription.

In my hotel there are televisions installed in the guest rooms. Why is the payment of royalties still due even if the operation of such equipment is not continuous and in any case does not take place in spaces with free access, but only of free choice and for the exclusive use of the individual customer?

The claims relating to televisions installed in rooms reserved for customers, is based on Article 16

Law 633/41, where it is specified that "the exclusive right of communication to the public [...] also include making the work available to the public so that everyone can access them from a place and time of their own choice".

I manage a fitness centre. Is it true that to play music in support of athletics-sports activities I need to request permission from the SIAE?

Yes. The SIAE has entered into a specific agreement with the ANIF association (National Fitness Equipment Association) for the utilization of music by means of instruments or audio-video broadcasting equipment, which take place within the associated fitness and sports centres and performed for the exclusive support of training activities for gymnastic and sports.

I have a cafè where I play music and I have a streaming music subscription with a web site. I pay the SIAE and SCF rights. Am I complying with the law?

Subscription contracts signed with the Web sites normally authorise the use of musical works for the use of staff prohibiting its diffusion in public. In order to avoid infringement of the conditions of use when subscribing to a streaming service, check that you are allowed to use the music as the background for the bar.

At a shop, using a PC with speakers to play the music of a web radio: is it true that in such cases I do not have to pay rights to the SIAE?

The premise of the subscription payment to the SIAE for background music is its use in public for the works that it administers, regardless of the means with which they are played, even the use of music produced by a web radio is subject to tariffs.

I have a radio (or TV) and already pay the special tariff to RAI: why do I  have to pay the SIAE?

The RAI license tariff is a tax that regards the mere possession of a radio/TV set, regardless of its use and content. The SIAE, on the other hand, manages the rights of the authors who created the content broadcasted on the radio/TV stations, and in particular the right of use in public of such content: they are, , two  very separate payments, both in their legal nature and in the legal nature of the perceiver.

Alternatively to the payment at your local offices, can I pay online the annual subscription for the background music of a new business?

An online site has been created that allows you to renew your SIAE subscription. Check the FAQ specifications that are within the site in the "How To" section.

I have decided to install the speakers in the lido in order to provide information to customers and to play music. What permissions do I need?

You must subscribe if you want to play music inside the lido for the whole period that the lido is open.

Where can I pay the rights for playing music in a newly opened store?

You can find out which is your local area office on our website.

The annual subscription for background music also includes any musical events or musical performances with groups or DJs?

No, for the different uses of background music, such as for example organising music entertainment with dancing or musical performances, you must request a specific permit from the SIAE.

If I have a booth at a trade fair which is running a video with background music that illustrates the company's business and I have already acquitted copyrights ith the endorsement of the DVD, do I still have to pay the SIAE for the transmission at the fair?

In this case the manager of the booth must ask the SIAE permission for the public use of music belonging to the repertoire managed by the SIAE and pay the subscription tariffs required, regardless of having already paid the mechanical rights.

If in a work environment not open to the public the company plays music and/or television  programs, is it still required to pay royalties?

Yes, whether it be in closed environments not open to the public (common rooms set aside for employees such as canteens, deposits goods etc.) or spaces open to the public and not intended for the sale of goods or services, in both cases the amount of royalties to be paid is determined on the number of employees and the type of equipment used.

What are “related rights”? Why must I pay them if I have already paid the SIAE?

Related rights to copyright are the rights that the law grants to entities other than the author. Among these types of rights we cite the rights due to the performers, the producers of phonograph records, the producers of films and radio and television stations. The SIAE issues licenses for authors’ rights. For some types of uses, the SIAE has the mandate for the collection of the proceeds from the related rights due to the phonogram producers.

In my pub I have installed a television set and a stereo system that I use alternately and sporadically. Do I have to subscribe to both instruments separately?

Yes, a subscription with the specific rates for each system installed must be paid.

I have a cake shop and I already pay a subscription for the radio used in the sales room of the shop. I own a second radio device installed in the private area where I prepare the cakes. Must I also pay the subscription for this additional device?

No. If the unit is used in a private place where there is no access to the public and the sound cannot be minimally perceived by customers present in the sales area open to the public, no tariffs are required.

I am the manager of a hotel and have just installed a music system inside the rooms. Do I have to pay a subscription to the SIAE?

Yes. For all types of audio-visual dissemination in receptive structures such as hotels, B&B, both inside the common spaces available to customers and inside the rooms you must request prior authorization from the SIAE to use the musical repertoire for the use of musical performances in a public place.

I run a business and would like to know the deadline for subscription renewals for using the radio.

The deadline for subscription renewal in 2016 was extended to 18 March. You can also pay through the Background Music Renewals site.

What are the payment terms for a "new" installation of a device for backgroundbackground music?

In the case of a "new installation”, the tariff (subscription) must be paid "before" use. This also means you can take advantage of any discounts provided to the various trade associations.

I run a public structure/accommodation/barber business, hairdresser or beauty salon and I received in May a payment slip for related rights, but I have already paid the SIAE subscription: What should I do?

The SIAE, by virtue of a specific mandate categories of enterprises, collects, on behalf of the Phonographic Consortium, the so-called "related rights" provided for in Title II of the Law 633/41 and subsequent amendments. These rights are distinct from those of concerning the author and are subject to separate invoicing. If the payment notice received concerns SCF rights of relevance, there is no error. For any doubts, it would  be appropriate to contact the competent SIAE Office.

Does the SCF renewal need to be contextual to the SIAE renewal?

Not necessarily, as the SIAE subscription normally expires on 28 February, while the expiry date for the SCF is 31 May.

I am the owner of a B&B. Do I have to pay the authors’ rights for televisions installed in the rooms?

Of course, agreements between the SIAE and the trade associations (ANBBA and AIGO) have been signed exclusively concerning musical performances inside B&Bs and rooms to rent.

I paid the annual subscription to use background music in my shop for the first time in 2015.

In order to renew it do I have to wait for the bill to be delivered or to be notified at least of an expiry date?

The terms of renewal of the SM subscription 2016 have been extended to 18 March. With the notice of expiry you will receive bank transfer form and a subscription number if prefer to use the site to pay by credit card.  

I have to renew my subscription for background music and the period has expired. Can I use a bank transfer?

No. As stated in the notice of payment, any electronic bank payment after the expiry date will be considered partial payment. You are, therefore, advised to apply directly to the SIAE area branch office to have the amount recalculated and agree on any alternative means of payment to that made at the counter. Alternatively, by using the subscription code received with the notice of expiry, you can pay directly on the web site.

I am the owner of a fitness centre and in some of the classes we run music is an indispensable element for the sport to be practiced (Zumba, aerobics, step). In addition, I installed backgrounda background music system in body-building rooms. How much should I pay?

In this case you need to apply for a permit from the SIAE and the two different types of use will have two specific tariffs for subscription.

How is the flat tariff subscription determined?

There are two types of annual subscription. The first includes only activities solely for educational purposes, the second also includes two shows performed for free at the school or within the outside premises free of charge.

Upon completion of the educational activity of our school, we will organize an end-of-school show and rent a theatre for the occasion. Do we have to request further authorization from the SIAE even if we have already paid the annual subscription for the school premises?

Yes, because the two shows included in your subscription must necessarily take place on the school premises or in other available facilities for free.

Are the performances in public places covered by the annual subscription?

In the event that, during or after, the dance performances of the pupils,  the external public is also allowed (in dance schools) enter in  the dance floor and having a dance. In this case, you will need a permit for that event, which is not included in the subscription already stipulated.

In my dance school we would like to organize a show at the end of the course, with free entry, but on premises external to the school. Can I still take advantage of one of the plays already included in your annual subscription?

Yes, provided that the room in question is free of charge for the dance school.

I have a subscription for a dance school including two free shows, can I do them on premises external to my school?

Yes, if the external premises are made available free of charge and there are no receipts for the dance school of any kind.

I organize aerobic activities in my establishment from 9 to 11. Do I have to ask for authorization and pay something?

Yes. You need to request permission and pay the tariffs due, calculated in relation to the number of participants, the premises and the duration of the musical performances.

Who can use the site for the Background Music Renewals?

The site can be used only by those whose subscription has expired and intends to renew it for the year 2016. The new Subscriptions may only be paid for at the SIAE counters of the area branch.

Can all types of public enterprises and commercial activities renew their subscription through the site?

Only those who have received the subscription key in their renewal letter can renew via site.

I have decided to install a TV in my bar. Can I pay on the site?

The site is available only for renewals of subscriptions taken out last year; for new subscriptions you must go the competent SIAE area branch office. To locate the right office click here.

Do I need to go to your offices to make the payments?

To sign up for new subscriptions you must go to the competent local SIAE office. Renewal may

however also be made through the site for Background Music Renewals and by the bank transfer form attached to the renewal letter (for those who receive it).

I have to renew my subscription for background music and the terms have expired. Can I use the bank transfer form received by mail?

No. As stated in the notice of payment, any payment by bank transfer after the deadline will be considered only partial payment. You are therefore advised to use the dedicated site or contact directly the competent local SIAE office to recalculate the amount and agree on the best method of payment.

I lost the letter with your subscription code. How can I get it back?

You must send an email to info.utilizzatori@siae.it providing the VAT number and the name of local. It will be forwarded the duplicate of the letter with your subscription number.

I have not received the letter. Where can I get a duplicate?

You must send an email to info.utilizzatori@siae.it supplying your VAT number and name and address of the premises. You will receive a duplicate copy of the letter containing your subscription code.

What credentials do I need to access the site for Background Music Renewals?

To access the site will need the subscription code sent with the letter that accompanies the bank transfer forms and your VAT number. You will then be asked for an email address by which you will immediately receive a control code to be entered to complete the input operation.

If I have a freelance VAT number and different subscriptions over several years can I renew without having to log in to each one separately with their specific subscription codes that I received with the renewal letters?

In these cases it is appropriate to register with SIAE online services and access your position by using the credentials obtained with registration. In this way you will be able to manage and renew your subscriptions more easily. You will still be required, to type the subscription code received with the letter of renewal.

I run a business, and since I have to renew my SIAE subscription for the use of the radio, I would like to know the expiry dates for payment.

Normally the payment expiry date is 28 February each year. Only in 2016 the term was extended to 18 March. Payment at a later date will render void any reductions for membership with the trade associations and involves the application of interest for arrears.

How can I manage my subscription through the site?

The site allows you to see your position and manage your subscriptions, change the information regarding the premises, the number and type of music equipment that you use. You may also indicate the number of square meters of your premises in order to complete the details thereof.

What payment  methods are available if I use the site?

You can pay by credit card for amounts not exceeding €1,500 or alternatively through electronic bank transfer.

I own a public enterprise and I have been asked to provide the square meters. Which area does it refer to?

The reference is to the area of use for customers, thus excluding services and areas for staff and closed to the public. You must also indicate any outside areas of public use if sound is available, with its relative square  meters if used for the business.

For how long will I be able to pay on the site?

Only for this year the deadline has been extended to 18 March. After the deadline, you can still use the site or go to your local SIAE offices.

I changed the address of the registered office of the company. How can I update the information on the site?

In the section "company" you can change the address of the company.

In the letter of renewal the trade association I belong to is not indicated. How can I receive the discount provided?

You need to obtain a certificate from your trade association certifying your membership for the current year. You can then scan it into the site onto the specific page with access via the subscription code. Alternatively, you may deliver it by hand to the competent SIAE office.

Why have I been asked to scan the identity document of the owner?

Because in submitting the contract terms SIAE must check that acceptance is acknowledged and executed by the subscription holder.

I do not have a scanner at home: what can I do to acquire and enter a copy of the membership certificate and the identity document onto the site?

Simply  take a picture of the two documents, separately, with a smart-phone and connect the phone to the pc  to download them. Subsequently, you can upload the photos to the SIAE site.

Can I use the membership certificate to obtain discounts if I renew after the deadline?

No: for agreements with all the affiliated trade associations, subsidized tariffs are conditioned to payment within the deadline, i.e., for 2016, by 18 March.

What happens if I benefit by the reduction for associates if I don’t have the right to do so?

If the cross-checks and data reported by the Associations shows that there was no right to a facilitated benefit rate, payment of the difference will be requested and charged with contractual penalties.

Have the rates been changed in 2016 compared to last year?

No, they remained unchanged for the same type of equipment and whether you belong or not to trade associations.

I have changed the number and/or type of equipment. How do I report it?

The site allows you to edit the data related to the type of equipment and the number of speakers and recalculate the tariff due.

If the renewal letter also includes the rate reserved for those who are associated and I am no longer so, what should I do?

You can use the site to enter the new information and re-elaborate the electronic payment form with the correct amounts, or select the option ‘Payment by credit card’; alternatively can come to the local area office.

I already have a SIAE subscription for the TV. I have also decided to install a stereo. How can I declare its possession?

If you are renewing your subscription through the site, you can add the new devices on the page called "Subscription" which is inside the site, after authentication. If the new device is added after the renewal, you must come to the competent SIAE office for the integration.

Is there a difference between playing music in my shop via radio or computer? If I have already paid for radio, what should I do to regularise my position?

In the case of new installations of musical equipment during the year in addition to others already stated, you must go to the local area SIAE office where the difference to be paid will be quantified. For the addition of additional equipment at the time of subscription renewal, you can also manage the variations from the previous configuration on site for Background Music Renewals.

How do I receive invoices if I have paid the through the site?

If payment is made by credit card (used for value transactions not exceeding € 1,500), the invoice can be downloaded from the site and is sent to the email indicated. If payment is made by choosing the electronic bank transfer option, the invoice will be sent to the email address provided after a few days.

What is an automatic renewal subscription?

This means that on expiration your subscription is also renewed for the following year unless notice of termination is communicated at the competent SIAE office (located here) within 15 days before the expiry date.

What is the mioBorderò site?

MioBorderò site is designed to digitize the process of acquisition, management, compilation and delivery of SIAE music programs.

The site is designed for two types of users:

• the organizer: that is the one who requests and obtains the SIAE permits and has the responsibility to return the compiled music programs to the SIAE

• the executive Director: That is the one who has the responsibility to correctly prepare the music  program with the works that have actually been performed

What features can I use logging into the site as an Organizer?

Through the site, the Organizer may:

• Assign a musical program to the Executive Director;

• Add a music program, where there are multiple Executive Directors for the event;

• Download the permits relative to the music program;

• Send the SIAE the music  programs compiled by the Executive Director;

• Transform the permits in pdf for eventual printing

What features can I use by accessing the mioBorderò site as Executive Director?

Through the site the Executive Director may:

• Take charge of the MP (music  programs) sent by the organizer;

• Effect the compilation of the music  programusing playlists or the SIAE search engine;

• Re-consign the music  programto the organizer;

• Consult the details of the MP concerning the event (premises, location, date, time, protocol);

• Reject, when necessary, any music  program

I am a SIAE Member registered to Online Services. What should I do to join the mioBorderò service and what are the requirements?

mioBorderò is currently being tested. If you want to participate in the trial, just send an email to MB.musica@siae.it and we will contact you.

I have organised an event. How can I print the permit?

If you have already activated the service as mioBorderò as an Organizer, the steps are as follows: get access to Online Services from the siae.it site, select mioBorderò, click onto "MUSIC PROGRAM", click onto "TO BE ASSIGNED", search the programme for the event you interested in, click on "View" and in the upper right corner you will find the link to view the permits for the event.

I am authenticated certified organizer, how can I re-consign the music program to the Executive Director?

Enter the section devoted to the music programs "TO BE ASSIGNED", click on "ASSIGN", search for the Executive Director by his last name, first name, email or band:

• If your search is successful, click on the circle relative to check and click on "OK". The summary data for the Event will appear: if everything is correct, click "Confirm."

• If your search is not successful, click on "SEND INVITATION," select the email of the Executive Director and click "CONFIRM"

I am an authenticated Organizer on the site, how can I re-consign to the SIAE the music program compiled by the Executive Director?

Enter the section "to be re-consigned", look for the program you are interested in and click on "View." Check the music program and if all the information is correct click on "OK": a pop-up will open, click again on "CONFIRMATION".

I am an authenticated Organizer on the site, can I browse previously created music programs?

Yes. Just click on "MUSIC PROGRAMS" and then on "SEARCH."

I am an authenticated Organizer on the mioBorderò site, can I transfer the digital music program onto paper?

Yes, if the  executive Director has not acquired the program.  Enter the section "TO BE ASSIGNED", identify the  programyou are interested in and click on "ASSIGN". At the top right you will find the link to transform the digital music  program into a pdf file.

I am an authenticated Executive Director on the mioBorderò site. What can i find in the sections “TO BE ACCEPTED”, TO BE COMPILED”, “RE-CONSIGNED”?

In the section “TO BE ACCEPTED2 you can find the music programs programs that have been assigned to you and need to be accepted, in the section “TO EB COMPILED”, there are the music programs programs accepted by you and that need to be compiled and re-consigned to the organizer, in the section “RE-CONSIGNED” you can find the music programs  that you have re-consigned to the organizer and that have not yet been re-consigned to the SIAE.

Can I cancel a music program that has not yet been assigned?

Yes, but only if it is not the only one for the event. Click on “MUSIC PROGRAMS PROGRAMS”, click on “TO BE ASSIGNED”, look for the program for the event that you are interested in, click on “VIEW” and at the top right you will find the link to cancel the music  program.

Can I change the Executive Director?

Only if he has not yet acquired the music  program that he was previously assigned. Click on “MUSIC PROGRAMS”, click on “ASSIGNED”, look for the  program for the event that you are interested in and click on “CANCEL ASSIGNMENT”.

I am an event organizer and I assigned a MP (music  program) to the Executive Director. Will I be notified of the completion and re-consignment of the MP?

Yes, the organizer receives an email notification when a music program has been compiled and re-consigned by the Executive Director.

I assigned a music  programthrough the site to an Executive Director. Will there be a notification of receipt?

Yes, the executive director receives an email when the Organizer assigns a music  program.

I'm filling in the MP (music  program) as Executive Director. How can I find pieces to choose?

There are three modes for choosing pieces of music:

• Search the SIAE works archive, looking for the piece by title or by composer/author/performer

• Manual Adding of a track (only available if a match is not found in the search archive)

• Adding a playlist you created earlier

I'm filling in the MP (music  program) as Executive Director. Can I save the repertoire of works I use most often?

Yes, you can create your own playlists or use a music  program that has been re-consigned to the organizer and save it as a playlist

• To create a playlist, click on "PLAYLIST" and then "CREATE A PLAYLIST". Enter the name of the playlist you want to create, click on "PROCEED" and began to compose your own playlists by clicking on "ADD SONG"

• To create a playlist from a re-consigned music  program, click on "DELIVERED" and then on "View". Scroll down to the bottom of the page and find the "SAVE PLAYLIST " button, click on SAVE PLAYLIST, name your playlist and click then click "OK".