Declaring a work
Once the SIAE registration has been completed, the Members and Principals must declare the assimilated works promptly with the cinematographic works (TV films, series and TV miniseries, TV documentaries, investigative films, series or individual cartoons, or soap operas) they are authors or co-authors of , in order to receive their royalties.
The declaration of the work must be signed by all the Authors/Adaptors, registered with SIAE, who have taken part in the creation of the work.
Cinematographic and assimilated works
The declaration of the assimilated work needs to be submitted by filling in the appropriate form (Form 117 Authors or Adaptors),which must be signed by all the co-authors. The title of the work indicated in the form must be exactly the same as the one indicated in the opening credits. The names of the authors of the contributions have to appear with the exact personal information, with no pseudonyms, stage names, diminutives, even if they are recognized by SIAE, which ca be indicated in the specific column in page 2 of the declaration form.
If the work is a TV series, the form has to contain the episodes produced by the rightful claimants. The titles and/or the episodes enumeration must be indicated in the specific episodes listing.
In case the cinematographic work is registered in the Public Cinematographic Register and unless the authors haven’t agreed a specific revenue distribution scheme, the declaration form is not required because the names of co-authors and the entitled shares for the specific contributions will be assessed directly by the Register.
In short: what do I need for the depositing of a cinematographic or assimilated work with SIAE?
For the depositing of both a cinematographic and assimilated work you need to submit the declaration form filled in and signed by the co-authors including their personal information (Form 117 Authors ). If the work has already been registered with the Public Cinematographic Register, you don’t need to submit the form.
Adaptation contribution of the dialogues in Italian
The declaration of both cinematographic and assimilated works is compulsory for the contribution of the adaptation of the dialogues in Italian.
You need to submit the declaration by providing with the Adaptors/Dialogue Writers Form 117 filled form, including the signature of all the adaptors. The title of the work indicated in the form must be exactly the same as the one indicated in the opening credits. In case of foreign works you need to indicate both the original and Italian title.
The declaration of adaptation contribution of the dialogues for cinematographic and assimilated works originally expressed in a foreign language must be accompanied by exhibition of the contractual or tax documentation on the service provided.
You can send the declaration forms by mail to SIAE, Sezione Cinema, Ufficio Documentazione – Viale della Letteratura, 30 – 00144 Roma. You can also make a direct delivery at the door to the Sportello Autori of the Direzione Generale, Sezione Cinema, in Roma, Viale della Letteratura 30 (from Monday to Friday from 9.15 a.m. until 13.25 p.m.; and from Monday to Thursday from 15.00 p.m. until 16.30 p.m.)
The changes of the co-authors’ names indicated in the revenue distribution scheme are accepted both for the cinematographic works registered with the Public Cinematographic Register, created according to the regulations enforced before the 1213/65 Law, (whose revenue distributions is governed by the Art. 70 paragraph c of the General Regulations and by the Art. 4 of the C.d.A. resolution of the 7th of September 2010); and the assimilated works. If the co-author of these works intends to request an amendment of the information registered with SIAE, he/she must submit a declaration, together with the declaration of consent by the other co-authors (or heirs) included in the previous revenue distribution scheme, or a new annulment declaration of the previous one.
In case the author never registered before objects the exclusion from the revenue distribution scheme of a worked declared by others or the inclusion in contributions not provided by him/her, the validity of the revenue distribution scheme for the use of the work is suspended until the challenge is resolved. The author who is presenting the challenge will need to provide the Society with the appropriate documentation to prove the right to take part in the revenue distribution, (copy of the contract, including the opening credits of the film he has been co-author of etc.).
The remuneration entitled to a deceased author/adaptor can be assigned to the heir whose succession role has been established with SIAE and/or the posthumous mandate conferred by the Society. The heir can declare works that were not previously entitled by the predecessor. The name of the author must always be indicated in the specific space for the contribution given, and also signed by the heir, or in case of co-ownership of heirs, by the representative of the estate. By signing the the declaration, the heir or the heirs representative take the responsibility concerning the vericity of the information provided. In case any information is not truthful, this can be subject to disciplinary action, according to the Statute and General Regulations.
The instructions for the compilation of the declaration form (Form 117 Authors and Form 117 Adaptors/Dialog Writers) are in the form itself. A part from the information specifically indicated in the form, in order to fill in the form correctly, you need to follow the general standards below:
- the form is both related to one audiovisual work and a serial audiovisual;
- the form must be filled in for the episodes created by the rightful claimants;
- the title and/or numbering of the declared must be indicated in the specific space episodes for the numbering of the declared;
- the title of the work (or series, for serial works) must be exactly the same as the one indicated in the opening credits of the work (for foreign works, the title must be indicated both in the Italian and original version);
- The names of the authors of the contributions have to appear with the exact personal information, with no pseudonyms, stage names, diminutives, even if they are recognized by SIAE, which ca be indicated in the specific column in page 2 of the declaration form.
For the members of foreign Authors’ Societies, the Society affiliation name or, at least the authors’ information.
The signature of the authors who are members of the Society must appear in the form; in case of agreed distribution among the rightful claimants, the form must be signed for the protection of all the authors involved in the work and also by the author who is not a member yet or who has not conferred a mandate to the Society when submitting the declaration of the work;
- the signature must be hand-written, in cursive by using the real name and surname, as no pseudonyms, stage names, etc are accepted;
- the declaration of the work must be submitted by using the form once the first publication of the work has come out in its definitive version;
the return receipt is only a proof that the declaration form was received, irrespective of examinations and remarks that can be made by the Society, in case of irregularities. SIAE can request a copy of the documents that certify the right of the claimants of revenues and/or examine a sample of the work. The receipt form must be filled in by the sender of the declaration form – the appointed co-author who is in charge of the notification form – who has to show clearly the complete address (including the post code) for the return to the concerned person specify and the details of the declared work (title and authors of the work) – as a reminder for the declarant. The receipt, if not fully completed, will not be returned to the sender.
NOTE : the forms with corrections or deletions will not be accepted