How to apply - Cinema

SIAE is the main society for the protection, collection, distribution of the remuneration related to the use of Audio-Visual works in Italy and abroad.

Following the introduction of the “fair compensation” regulation (Art. 46 bis of the Law of the Author's Right n. 633/1941), a remuneration for the author of the work has also been granted to the Audio-Visual work related to every specific use.

Since 1998, the regulation, following the principles of the other European legislations, has introduced the economic protection for the assimilated works to the cinematographic works summarized in the concept of "narrative image": Fiction Audio-Visual works produced for television, TV series, soap-operas, situation-comedies, documentaries and cartoons.

In this way, by subscribing with SIAE, the authors of the subject, script and direction, as well as the authors of the arrangements, including Italian translation and adaptation of the dialogues originally expressed in a foreign language, have a comprehensive organisation in Italy and all over the world at their disposal . In this way, they can keep track of the use of their work everywhere and anyway it happens, and they can receive the remunerations and distribute them among all the rightful claimants, making sure that the remuneration for the use of the works is fairly assigned.

The SIAE Subscription - Cinema Section, as a membership or mandate, for the authors is an essential prerequisite to benefit immediately of the protection of their right to receive a fair remuneration, and the income for the various work uses. Furthermore, in this way a real protection and direct control for the works use is guaranteed both at a National and worldwide level, taking in count the new economic exploitation methods on the web and digital communications.

The Cinema Section protects:

the author of the subject, script and direction who has taken part to at least one published cinematographic and/or assimilated work.

In particular, by assimilated work to the cinematographic one we mean a narrative work created specifically for markets different from the cinematographic one (i.e. TV films, TV series and miniseries, documentaries, cartoons, soap opera, etc.).

The Cinema Section also protects the author of the Italian adaptation of the dialogues of a work originally expressed in a foreign language, who, with that qualification, has taken part to the Italian edition of at least one cinematographic or assimilated work.

 

Moreover, the details of the first publication of the work must be indicated, in order to verify the compliance with the minimal requirements for the issuing of the permission by the Section. 

In order to obtain the SIAE protection for works regarding the Cinema Section, you need to submit:

1. The Author Membership Application or the Mandate Application in case you are not interested in exercising the right – reserved to “Members” only – to take part to the Society Assembly and vote for the relevant deliberations according to the agenda, such as the appointment of the components of the Supervisory Board (Arts. 9, 10, 11 and 12 of the SIAE Statute).

The Cinema Section (as the OLAF Section) includes a mandate that does not require a yearly payment fee, but the application of an additional commission of 3% on the settlement of rights. In case you are under 16, you will need to submit your personal information, Social Security Number and your parental authority’s signature on the application.

From the 1st of January 2015, the membership is free of charge for all authors up to 30 years old; the free membership or mandate terminates on the 31st of December of the year when the member gets to the age of 30.

Alternatively to the membership, the authors up to 30 years old can obtain a free of charge mandate, which requires, however, the payment of a stamp duty fee.

We remind you that by becoming our Member or Principal, you fully accept all our regulations contained in the Statute and in the SIAE General Regulations, posted on the Law Library section on our website.

2. The list of the cinematographic or assimilated published works, you have taken part to as author and/or adaptor, in order to be able to accept the protection of the genre and the broadcasting of at least one cinematographic/assimilated work.

3.The declaration of at least one work, by filling in the appropriate declaration form (Mod. 117 Authors and Mod. 117 Adaptors/Dialogue writers) signed by all the co-authors of the work if they already are SIAE Members/Principals.

Once become a Member or a Principal, the declaration of further cinematographic/assimilated works will not imply any additional fees. SIAE will administrate your works until the membership/mandate relationship lasts with no expiry date or renewal.

4. Repertoire Reliance Application (Author Application or Adaptor Application), filled in and signed.

5. Payment receipt, if applicable:

for those who decide to become a member
for those who decide to confer a mandate

6. The consent to the processing of personal data.

7. The communication on the selected method of royalties’ collection.

8. copy of your ID. Please make sure that the document has not expired and that both your personal data and your nationality are clear.

9. A copy of your Social Security Number. If you live abroad, you need to contact the Italian Consulate for your Social Security Number.

Online communication declarement, by means of a simple communication, you will have the possibility to receive by email, instead of ordinary post, the reporting of the paid royalties.

Once the member or mandate application has been completed, if you meet all the requirements, you can have an extent of the protection to other Sections. Should you so wish, you can request the recognition of your stage name or the authorization to use a pseudonym.

If a company wants to request the SIAE protection for works regarding the Cinema Section as producer of cinematographic or assimilated works they must have produced or co-produced at least one cinematographic or assimilated work, during three years prior to the submission of the application. The membership or mandate application has to include the details of the first publication of the work, represented by the first activity – accomplished by the owner of the right – of one of the economic use of the work right.

In order to obtain the SIAE works protection regarding the Cinema Section as cinematographic producer, you need to submit:

1. A membership or mandate application including the Consent to the processing of personal data and signed by the company owner (or by the legal representative of the company), together with the payment of the management costs.

“Members” only have the right to take part to the Society Assembly and vote for the relevant deliberations according to the agenda, such as the appointment of the components of the Supervisory Board (Arts. 9, 10, 11 and 12 of the SIAE Statute).

2a. If the Company is established as a Society:

A deed of partnership and Statute which demonstrates that the society performs in the cinematographic production (in original or in certified copy); Declaration of certification signed by the legal representative of the company who certifies the registration in the Companies Register and of the VAT number.

2b. If it is a Sole Proprietorship, instead:

A declaration of certification signed by the legal representative of the company who certifies the registration in the Companies Register and of the VAT number; Declaration of certification signed by the legal representative of the company who certifies, the date of birth and the nationality.

If the legal representative is a foreign citizen, outside the European Union, a declaration with a notary certified signature (if in Italy), or countersigned by the relevant Italian Consulate (if abroad) can be submitted instead of the declaration.

3. A declaration, signed by the legal representative of the Production Company, who also has the ownership of rights, where the cinematographic or assimilated produced works are listed, indicating the nationality, the duration in minutes and the information regarding the first used form for each work.

Once the investigation has been completed, the Producers as Members will have to make the payment of the first yearly contribution.

In order to be accepted by the Cinema Section as Licensees of cinematographic works you must have distributed six cinematographic or assimilated works during the three calendar year previous to the current one, and whose contract includes the license to exercise the economical use rights on their behalf within the country.

You also need to submit:

1. A membership or mandate application including the Consent to the processing of personal data and signed by the owner of the company (or by the legal representative), accompanied by the payment of the managemente costs.

“Members” only have the right to take part to the Society Assembly and vote for the relevant deliberations according to the agenda, such as the appointment of the components of the Supervisory Board (Arts. 9, 10, 11 and 12 of the SIAE Statute):

If the Company is established as a Society:

2a. The Instrument of incorporation and statute that certify that the society performs distribution activities of cinematographic works (in original or certified copy); A declaration of certification signed by the legal representative of the company who certifies the registration in the Companies Register and the Social Security number and VAT number.

If it is a Sole Proprietorship, instead:

2b. A declaration of certification signed by the legal representative of the company who certifies the registration in the Companies Register and the Social Security number and VAT number. 

3. A declaration of certification signed by the legal representative of the Company, confirming the date of birth and nationality. If the legal representative is a foreign citizen, outside the European Uniion, a declaration with a notary certified signature (if in Italy), or countersigned by the relevant Italian Consulate (if abroad) can be submitted instead of the declaration.

4. A declaration, signed by the legal representative of the Distribution Company where the cinematographic or assimilated produced works are listed, indicating the nationality, the duration in minutes and the information regarding the first used form for each work.

Once the investigation has been completed, the Producers as Members will have to make the payment of the first yearly contribution.

If you need to request the SIAE protection in case of death of a Member or a Principal, or to confer a posthumous mandate for works under the Cinema Section competence as the author’s heir of cinematographic and assimilated works, you will need to submit:

1. A statutory declaration in lieu of an oath, drawn up by a notary, or a declaration ln lieu of an oath issued in accordance with D.P.R. n. 445 of the 28.12.2000 that shows:

- Name, surname, marital status and date of death of the former member;

- Succession type: will or legitimate;

- Name, surname, place and date of birth of the legitimate heirs, executors, legal heirs, current domicile and succession participation rate;

- Name and surname of the legal representative on behalf of any minor heir, interdicted person or incapacitated;

- Wedding date (if that’s the case), name, surname, place and date of birth, and surviving spouse domicile (Please specify if from first or second marriage);

- If a separation or divorce judgment against the surviving spouse has been delivered in any country, or if a marriage annulment has been delivered (if it does, please indicate the details of the judgment concerned) as final judgment when the succession has started;

- Personal details and date of birth of the divorced spouse (or, if deceased, date of death as well), in case of a previous marriage;

- In case of the existence of a not appealed or asserted will;

- That there are no other claimants to the succession a part from the rightful claimants mentioned in the deed;

- That the document has been drawn up for the SIAE registration of the heirs and this implies that they accept the inheritance of the legal predecessor.

That the document has been drawn up for the SIAE registration of the heirs and this implies that they accept the inheritance of the legal predecessor.

SIAE reserves the right to require the affidavit.

2. A certified copy of the waiver act of the inheritance, if that’s the case, from one of the heirs of the succession.

3. A certified copy of the publication minutes of the will resulting as not appealed or asserted.

4. A certified copy of the divorce judgment or marriage annulment, if that’s the case.

5. In case there are several rightful claimants to the succession, a stamp-impressed paper mandate with certified signatures is required, in order to appoint a representative body at SIAE. This position can also include the authority of collection of income or just carry out administrative purposes, by reminding that it is appropriate to indicate the inheritance participation fee. The mandate can be bestowed to one of the succession co-heirs or to a person outside the succession. In the second case, as indicated in paragraph 8, the application must be addressed to, " Joint heirship of ……………….", represented and administrated by …(name and surname of the representative). If the deed has been drawn abroad, the signatures must be approved for the authentication by the Italian Consulate.

6. A decree for the appointment of the guardian, if that’s the case, for minor heir or interdicted person and of a trustee for the emancipated or incapacitated minor heirs, or issued in accordance with D.P.R. n. 445 of the 28.12.2000.

7. A measure by the Judge supervising a guardianship to authorise the guardian or trustee, or the applicant in the case referred to paragraph 1 of Art. 321 of the Civil Code, to accept the inheritance, donation or legacy and to collect the accrued revenue and the revenue to come on behalf of the minor, interdicted person or incapacitated. In case of parental authority, the Judge’s authorization is enough for the parent to collect the accrued revenue and the revenue to come on behalf of the minor.

8. The SIAE application form, completed in all its parts and signed by the heir, or in case of several heirs, by their representative.

9. Declaration of certification that certifies the place, date of birth and nationality of the heir or of the heirs’ representative.

10. Proof of the planned payments.

11. Consent to the processing of personal data.

12. The communication on the selected method for the royalties collection.

13. copy of your ID. Please make sure that the document has not expired and that both your personal data and your nationality are clear.

14. copy of your Social Security Number. If you live abroad, you need to contact the Italian Consulate for your Social Security Number.

In order to confer a posthumous mandate, in case the author was not registered with SIAE, the heir or the heirs’ representative will also have to declaire the author’s works by submitting the appropriate declaration form (Form 117 Authors and Form 117 Adaptators/Dialog Writer) and fill in and sign the Repertoire Reliance Application(Authors Heirs and Adaptors Heirs Application Forms) and fill in the cinematographic and assimilated published works list the predecessor took part in as author and/or adaptor.

NOTE: the heirs’ representative has the possibility to receive the reporting of the paid royalties by e-mail instead ordinary post by means of a simple communication.

For further information, please contact the Customer Care Service Succession Office.

Author Application

Membership application

Mandate application

Consent to the processing of personal data

Communication on the Methods of royalties’ collection

Form 117 Authors

Form 117 Adaptors/Dialog Writers

Repertoire Reliance Application for Author

Repertoire Reliance Application for Adaptor

List of Published Works

Extract of Regulations

Communication of the bank declarement by e-mail

Producer/Concessionaire Application

Membership application

Mandate application

Consent to the processing of personal data

Declaration of Certification to certify the registration to the Companies Register

Declaration of the Birth Certificates and Nationality

Declaration including the list of produced works – producer

Declaration including the list of distributed works – concessionaires

Extract of Regulations

Communication of the bank declarement by e-mail

Heir Application

Mandate application

Statutory declaration ln lieu of an oath

Mandate Including the Collection Authority

Mandate for Administrative Purposes

Declaration of Certification

Consent to the Processing of the Personal Data

Communication Regarding Royalty Collection Method

List of the predecessor’s works

Adaptor Application for Heirs (repertoire reliance)

Author Application for Heirs (repertoire reliance)

Extract of the Regulations

Form of the Heirs’ financial statement by e-mail

Pseudonym and Stage Name

Pseudonym Application

Stage Name Recognition

Change of Address

Change of Address

Extent of Protection

Extent of Protection for the Authors

Extent of Protection for the Publishers

Extension of Protection for Heirs

Mandate restrictions

Mandate restriction according to the Territory and the Types of Rights

Mandate restriction for online use

Resignation

Resignation Application

Elenco quote sospese

L’elenco, ordinato per nominativo di avente diritto, riporta per ciascuna opera la qualifica cui la quota sospesa si riferisce, la tipologia di utilizzazione, l’anno di riferimento.

L’elenco viene aggiornato ed implementato con frequenza periodica ravvicinata; si consiglia pertanto di ripeterne via via la consultazione.

Gli autori, o i loro eredi, interessati a perfezionare il rapporto con SIAE dovranno restituire, dopo averli compilati e sottoscritti, i moduli sotto elencati:

Modulistica Autore

  • Domanda di associazione oppure domanda di mandato nel caso l’autore non desideri associarsi;
  • Consenso per il trattamento dei dati personali;
  • Modello affidamento repertorio (Modello Autore);
  • Ricevuta dei versamenti previsti per l’associazione o per il conferimento di mandato di tutela;
  • Comunicazione delle modalità di pagamento;
  • modello comunicazione indirizzo e-mail per rendiconti e avvisi;
  • Fotocopia di un documento di identità in corso di validità.

Modulistica Eredi

Per la modulistica utile a definire il mandato postumo, si invita a consultare il link Eredi e a contattare direttamente l’Ufficio Successioni del Servizio Clienti.

 

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