How to join - Cinema

SIAE is the reference point for the protection, collection and distribution of the revenues related to the use of audiovisual works in Italy and abroad.

Following the introduction of the “equitable remuneration” regulation (Article 46 bis of the Italian copyright law no.633/1941), as to the audiovisual sector also it has been recognized a remuneration in favour of the author of the work, relating to each specific use.

In 1998, the law, in line with the principles of the other European legislations, established the protection, also economic, for the category of works assimilated to the cinematographic works, that can be summarized in the concept of “narration through images”: fiction works produced for the TV, TV films, soap operas, sit-coms, documentary films and cartoons.

In this way, by joining SIAE, the authors of the plot, screenwriters, directors, as well as the authors of  elaborations which are translations or adaptations of the Italian version of dialogues in works originally expressed in a foreign language, have a capillary organization at their disposal, in Italy and worldwide, able to control where and when their works are used, to collect the remunerations due and distribute them to all the rightholders, thus assuring the distribution the equitable remuneration for the use of the works.

To join SIAE - Cinema Section, as a Member or Principal, is an essential prerequisite for the authors to benefit immediately of the protection of their right to the equitable remuneration, and therefore to receive the revenues collected for the various uses of their works. Furthermore, a real protection and a direct control on the uses of works is ensured, both at a national and international level, including also the new ways of economic exploitation in the online environment.

The Cinema Section protects:

the author of the plot, the screenwriter and the director who have participated in the making of at least one released cinematographic or assimilated work. In particular, a work assimilated to a cinematographic work is a work of narrative character specifically made for markets different from the cinematographic one (for example, TV film, TV series and miniseries, TV documentary film, cartoon, telenovela, soap opera, etc.).

The Cinema Section protects also the author of the adaptation in Italian language of the dialogues of works originally expressed in a foreign language, who participated in such a quality in the Italian version of at least one cinematographic or assimilated work. Moreover, in order to verify the existence of the minimum requirements established in order to obtain the Section’s authorization to membership/mandate, the details of the first publication of the work must be indicated.  For the purpose to ask for the protection of SIAE on works falling within the competence of the Cinema Section, if you are over 16 years old, you are not a former member of SIAE or you do not have to ask for an extension of your qualification, you can join online, otherwise you must submit:

1) The membership application form to be used in case you are not interested in exercising the right – reserved only to “Members”- to participate in the Society’s General Assembly and to vote the relevant deliberations on the agenda, such as the appointment of the Supervisory Board members (Articles 12, 13, 14 and 15 of SIAE’s by –laws).

The Cinema Section (as well as the OLAF Section - Literary Works and Visual Arts Section) foresees a mandate, which does not require the payment of the annual fee but the application of an additional 3% commission on the royalty payment. If you are under 16 years of age, your membership application must also contain the personal data, the tax code number and the signature of those who exercise the parental authority.

As of January 1st 2015, for authors up to the age of 30 membership is totally free of charge; the free of charge membership ends on December 31st of the year when the 30 year of age falls.

As an alternative to membership, authors up to 30 years of age can confer a mandate free of charge, but, however, requires the payment, at joining, of the stamp duty of 32 EUR.

We remind you that becoming our Member or Principal implies to accept in full all rules contained in SIAE’s by-laws and General Regulations, published in the Law Library of our website.

2) The attachment to the membership application form for Cinema Section is needed in order to ascertain whether the genre can be protected and that at least one cinematographic/assimilated work has been publicly shown, so that you can entrust SIAE with the protection of your repertoire and receive by e-mail, rather than by ordinary mail, the statements regarding the royalties paid.

3) The registration of at least one work, by using the appropriate registration form (Mod. 117 Authors and Mod. 117 Adapters/Dialogists) signed by all the co-authors of the work if already SIAE’s Members/Principals.

Once you become SIAE’s Member or Principal, the registration of additional cinematographic/assimilated works does not require any additional payment. Your works will be administered by SIAE for the entire duration of the membership or mandate, with no expiry date or necessity of renewal.

4) Receipt of payments, where provided for:

- for those who decide to become Members

- for those who decide to become Principals

5) Communication of the form chosen for the payment of royalties

6) A copy of your identification document. Make sure that it is valid and that personal details and citizenship are clearly indicated.

7) A copy of your tax code card.

 

Once the membership or mandate application procedure is completed, if you meet the requirements you can obtain the extension of protection from other Sections.  If you want, you can also request your stage name to be recognized or the use of a pseudonym to be authorized.

A company that wants to obtain SIAE’s protection on works falling within the competence of the Cinema Section with the qualification of producer of cinematographic or assimilated works must have produced or co-produced at least one cinematographic or assimilated work in the three calendar years preceding the submission of the membership application.

1) If the company is established in a form of corporation, it is necessary to submit:

- The articles of incorporation and the by-laws demonstrating that the company carries out a publishing activity in the cinematographic field (in original or certified copy);

- Certificate of incorporation issued not before than 3 months prior to the membership application submission;

- Communication of the form chosen for the payment of royalties 

- Certified e-mail address

- A copy of a valid identification document, clearly specifying the personal details and citizenship of the legal representative of the company

- Indication of at least one work produced in the last three years.

2) If it is a sole proprietorship:

- Certificate of incorporation issued not before than 3 months prior to the membership application submission;

- Communication of the form chosen for the payment of royalties

- Certified e-mail address

- Indication of at least one work produced in the last three years

- A copy of a valid identification document clearly specifying the personal details and citizenship of the company proprietor.

Only “Members” can participate in the General Assembly of the Society and vote the relevant deliberations on the agenda, including the appointment of the members of the Supervisory Board (Articles 12, 13 e 14 and 15 of SIAE’s by –laws).

In order to be admitted to the Cinema Section as a concessionaire of cinematographic works, it is necessary to have distributed six cinematographic or assimilated works during the three years preceding the one of the membership application submission.

1) If the company is established in a form of corporation, it will be necessary to submit:

- The articles of incorporation and the by-laws demonstrating that the company carries out a publishing activity in the cinematographic field (in original or certified copy);

- Certificate of incorporation issued not before than 3 months prior to the membership application submission

- Communication of the form chosen for the payment of royalties;

- Certified e-mail address

- A copy of a valid identification document, clearly specifying the personal details and citizenship of the legal representative of the company

- Indication of at least six works distributed in the last three years.

2) In case of sole proprietorship:

- Certificate of incorporation issued not before than 3 months prior to the membership application submission;

- Communication of the form chosen for the payment of royalties;

- Certified e-mail address

- Indication of at least six works distributed in the last three years

- A copy of a valid identification document clearly specifying the personal details and citizenship of the company proprietor.

Only “Members” can participate in the General Assembly of the Society and vote the relevant deliberations on the agenda, including the appointment of the members of the Supervisory Board (Articles 12, 13 e 14 and 15 of SIAE’s by –laws)

If you are an heir or successor in title of a deceased Member or Principal or if you want to request posthumous protection on falling within the competence of the Cinema Section, you must submit the forms/documentation described below.

Under the provisions of the Society’s by-laws in force, the heir can join SIAE in quality of Principal or in quality of Member. In the latter case, you will have the right to participate in the Society’s General Assembly and to vote the relevant deliberations on the agenda, nomination of the Supervisory Board members included.

1) Membership application

2) Affidavit written by a notary public or self-declaration affidavit issued in accordance with the Presidential Decree no. 445 of December 28th 2000, containing the following information:

- Last name, first name, marital status and date of death of the deceased author;

- Type of succession: testate or intestate;

- Last name, first name, place and date of birth of the statutory, testamentary, forced heirs and legatees, their current addresses and their shares in the succession;

- Last name, first name of the legal representative of minor, debarred or incapacitated heirs, if any;

- Date of marriage, if any, last name, first name, place and date of birth and address of the surviving spouse (specify if it is the first or second marriage);

- Whether a divorce or separation decree was issued against the surviving spouse in any country or a marriage annulment final judgement was issued at the moment of the opening of the succession (if so, give details on the judgement);

- Personal details and date of birth of the divorced spouse (or, if deceased, also the date of death) if there was a prior marriage;

- If there is a will, that this is not opposed or contested (if this specification is not contained in the minutes mentioned at the following point 4);

- That, except for the people referred to in the will, there aren’t any other beneficiaries in the succession;

- That the document is written for the heirs’ joining SIAE and implies the acceptance of the succession by the heirs.

If sent by mail, the self-declaration affidavit must be sent with a copy of the declarant’s valid identification document. SIAE reserves in any case the right to ask for the affidavit in case it is deemed appropriate.

3) Certified copy of any waiver of the succession from the heir/s

4) Certified copy (by a Notary Public or Registrar of the Court etc. – with original stamp and signature) of the minutes of the will publication, if any, demonstrating that the will is that the will has not been opposed or contested

5) Certified copy of any divorce decree or marriage annulment final judgement, if any

6) In case of more than one heir, it is necessary to provide a proxy on stamped paper with certified signatures appointing a joint representative of the heirs to carry out the execution of the will at SIAE. This can include also the right to receive the royalties due or can have limited administrative purposes; it is appropriate to indicate in the document the individual share of inheritance of the beneficiaries. The proxy can be given to one of the heirs or to a third party. In the latter case, the membership application referred to at point 1, must be addressed to the “Co-ownership by heirs of …………., represented and administered by …… (last name and first name of the representative)”. In the event the deed was drawn up in a foreign country, the signatures must be certified by the Italian consulate.

7) Decree of appointment of the guardian, if any, of underage or interdicted heirs and of the curator, if any, of underage, emancipated or incapable heirs and or an alternative deed under seal as per Presidential Decree no. 445 of December 28th 2000.

8) A legislative measure from the tutelary judge authorizing the guardian, curator or applicant according to the first paragraph of Article 321 of the Civil code to accept the inheritance, donation or legacy and to receive the revenue accrued and that will accrue in favour of the underage, interdicted or incapable heir. In case of a parent exercising the parental authority, only the authorization by the tutelary judge is needed in order to receive the revenue accrued and that will accrue in favour of the underage.

9) Receipt of the required payments

10) Communication of the form chosen for the payment of royalties  

11) A copy of a valid identification document, clearly specifying the personal details and citizenship

12) A copy of your tax code card.

In case of request for posthumous protection if the author was not a SIAE’s member, the heir or the representative of the heirs must register also the author’s works by using the registration forms provided (Mod. 117 Authors and Mod. 117 Adapters/Dialoguists) and to fill in and sign the form for the entrustment of the repertoire to SIAE (form Author’s Heirs and form Adapter’s Heirs) and draw up a list of the cinematographic or assimilated works issued to which the deceased rightholder in question participated as an author and/or adapter.

Please note that by sending a specific communication, the heirs’ representative can receive by e-mail – instead of ordinary mail - the statements regarding the royalties paid.

For any further information, please fill in the form.

Author Application

Membership 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

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

Application Form for Heirs

Application Form for Heirs - Posthumous

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

If you are an heir or successor in title of a deceased Member or Principal or if you want to request posthumous protection on falling within the competence of the Cinema Section, you must submit the forms/documentation described below.

Under the provisions of the Society’s by-laws in force, the heir can join SIAE in quality of Principal or in quality of Member. In the latter case, you will have the right to participate in the Society’s General Assembly and to vote the relevant deliberations on the agenda, nomination of the Supervisory Board members included.

1) Membership application

2) Affidavit written by a notary public or self-declaration affidavit issued in accordance with the Presidential Decree no. 445 of December 28th 2000, containing the following information:

- Last name, first name, marital status and date of death of the deceased author;

- Type of succession: testate or intestate;

- Last name, first name, place and date of birth of the statutory, testamentary, forced heirs and legatees, their current addresses and their shares in the succession;

- Last name, first name of the legal representative of minor, debarred or incapacitated heirs, if any;

- Date of marriage, if any, last name, first name, place and date of birth and address of the surviving spouse (specify if it is the first or second marriage);

- Whether a divorce or separation decree was issued against the surviving spouse in any country or a marriage annulment final judgement was issued at the moment of the opening of the succession (if so, give details on the judgement);

- Personal details and date of birth of the divorced spouse (or, if deceased, also the date of death) if there was a prior marriage;

- If there is a will, that this is not opposed or contested (if this specification is not contained in the minutes mentioned at the following point 4);

- That, except for the people referred to in the will, there aren’t any other beneficiaries in the succession;

- That the document is written for the heirs’ joining SIAE and implies the acceptance of the succession by the heirs.

If sent by mail, the self-declaration affidavit must be sent with a copy of the declarant’s valid identification document. SIAE reserves in any case the right to ask for the affidavit in case it is deemed appropriate.

3) Certified copy of any waiver of the succession from the heir/s

4) Certified copy (by a Notary Public or Registrar of the Court etc. – with original stamp and signature) of the minutes of the will publication, if any, demonstrating that the will is that the will has not been opposed or contested

5) Certified copy of any divorce decree or marriage annulment final judgement, if any

6) In case of more than one heir, it is necessary to provide a proxy on stamped paper with certified signatures appointing a joint representative of the heirs to carry out the execution of the will at SIAE. This can include also the right to receive the royalties due or can have limited administrative purposes; it is appropriate to indicate in the document the individual share of inheritance of the beneficiaries. The proxy can be given to one of the heirs or to a third party. In the latter case, the membership application referred to at point 1, must be addressed to the “Co-ownership by heirs of …………., represented and administered by …… (last name and first name of the representative)”. In the event the deed was drawn up in a foreign country, the signatures must be certified by the Italian consulate.

7) Decree of appointment of the guardian, if any, of underage or interdicted heirs and of the curator, if any, of underage, emancipated or incapable heirs and or an alternative deed under seal as per Presidential Decree no. 445 of December 28th 2000.

8) A legislative measure from the tutelary judge authorizing the guardian, curator or applicant according to the first paragraph of Article 321 of the Civil code to accept the inheritance, donation or legacy and to receive the revenue accrued and that will accrue in favour of the underage, interdicted or incapable heir. In case of a parent exercising the parental authority, only the authorization by the tutelary judge is needed in order to receive the revenue accrued and that will accrue in favour of the underage.

9) Receipt of the required payments

10) Communication of the form chosen for the payment of royalties  

11) A copy of a valid identification document, clearly specifying the personal details and citizenship

12) A copy of your tax code card.

In case of request for posthumous protection if the author was not a SIAE’s member, the heir or the representative of the heirs must register also the author’s works by using the registration forms provided (Mod. 117 Authors and Mod. 117 Adapters/Dialoguists) and to fill in and sign the form for the entrustment of the repertoire to SIAE (form Author’s Heirs and form Adapter’s Heirs) and draw up a list of the cinematographic or assimilated works issued to which the deceased rightholder in question participated as an author and/or adapter.

Please note that by sending a specific communication, the heirs’ representative can receive by e-mail – instead of ordinary mail - the statements regarding the royalties paid.

For any further information, please fill in the form.

List of the suspended fees

If you are an heir or successor in title of a deceased Member or Principal or if you want to request posthumous protection on falling within the competence of the Cinema Section, you must submit the forms/documentation described below.

Under the provisions of the Society’s by-laws in force, the heir can join SIAE in quality of Principal or in quality of Member. In the latter case, you will have the right to participate in the Society’s General Assembly and to vote the relevant deliberations on the agenda, nomination of the Supervisory Board members included.

1) Membership application

2) Affidavit written by a notary public or self-declaration affidavit issued in accordance with the Presidential Decree no. 445 of December 28th 2000, containing the following information:

- Last name, first name, marital status and date of death of the deceased author;

- Type of succession: testate or intestate;

- Last name, first name, place and date of birth of the statutory, testamentary, forced heirs and legatees, their current addresses and their shares in the succession;

- Last name, first name of the legal representative of minor, debarred or incapacitated heirs, if any;

- Date of marriage, if any, last name, first name, place and date of birth and address of the surviving spouse (specify if it is the first or second marriage);

- Whether a divorce or separation decree was issued against the surviving spouse in any country or a marriage annulment final judgement was issued at the moment of the opening of the succession (if so, give details on the judgement);

- Personal details and date of birth of the divorced spouse (or, if deceased, also the date of death) if there was a prior marriage;

- If there is a will, that this is not opposed or contested (if this specification is not contained in the minutes mentioned at the following point 4);

- That, except for the people referred to in the will, there aren’t any other beneficiaries in the succession;

- That the document is written for the heirs’ joining SIAE and implies the acceptance of the succession by the heirs.

If sent by mail, the self-declaration affidavit must be sent with a copy of the declarant’s valid identification document. SIAE reserves in any case the right to ask for the affidavit in case it is deemed appropriate.

3) Certified copy of any waiver of the succession from the heir/s

4) Certified copy (by a Notary Public or Registrar of the Court etc. – with original stamp and signature) of the minutes of the will publication, if any, demonstrating that the will is that the will has not been opposed or contested

5) Certified copy of any divorce decree or marriage annulment final judgement, if any

6) In case of more than one heir, it is necessary to provide a proxy on stamped paper with certified signatures appointing a joint representative of the heirs to carry out the execution of the will at SIAE. This can include also the right to receive the royalties due or can have limited administrative purposes; it is appropriate to indicate in the document the individual share of inheritance of the beneficiaries. The proxy can be given to one of the heirs or to a third party. In the latter case, the membership application referred to at point 1, must be addressed to the “Co-ownership by heirs of …………., represented and administered by …… (last name and first name of the representative)”. In the event the deed was drawn up in a foreign country, the signatures must be certified by the Italian consulate.

7) Decree of appointment of the guardian, if any, of underage or interdicted heirs and of the curator, if any, of underage, emancipated or incapable heirs and or an alternative deed under seal as per Presidential Decree no. 445 of December 28th 2000.

8) A legislative measure from the tutelary judge authorizing the guardian, curator or applicant according to the first paragraph of Article 321 of the Civil code to accept the inheritance, donation or legacy and to receive the revenue accrued and that will accrue in favour of the underage, interdicted or incapable heir. In case of a parent exercising the parental authority, only the authorization by the tutelary judge is needed in order to receive the revenue accrued and that will accrue in favour of the underage.

9) Receipt of the required payments

10) Communication of the form chosen for the payment of royalties  

11) A copy of a valid identification document, clearly specifying the personal details and citizenship

12) A copy of your tax code card.

In case of request for posthumous protection if the author was not a SIAE’s member, the heir or the representative of the heirs must register also the author’s works by using the registration forms provided (Mod. 117 Authors and Mod. 117 Adapters/Dialoguists) and to fill in and sign the form for the entrustment of the repertoire to SIAE (form Author’s Heirs and form Adapter’s Heirs) and draw up a list of the cinematographic or assimilated works issued to which the deceased rightholder in question participated as an author and/or adapter.

Please note that by sending a specific communication, the heirs’ representative can receive by e-mail – instead of ordinary mail - the statements regarding the royalties paid.

For any further information, please fill in the form.

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Authors

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