How to register – Opera and Ballet
SIAE is the main point of reference in Italy and abroad for the protection, collection and distribution of proceeds concerning the author’s rights of the protected repertoires.
If authors of opera and choreographies would like to manage the rights they are entitled to personally, they should organise autonomously in order to check how their works are used, to release the necessary licenses and to negotiate the fees. Basically, this possibility is highly unrealistic.
The SIAE membership allows you to have a widespread organisation at your disposal, in Italy and worldwide, which checks the works usage anywhere, releases the licences, levies and allocates the fees among all those who are entitled to. The protection is active abroad, as well, where the Section has reciprocal agreements with many European and global societies of authors.
Those who entrust their opera and choreographies to SIAE protection, become part of an organisation, which the most famous authors in the world join and, thanks to it, you can have more power on economic claims and in negotiations.
In order to ask for SIAE protection for works under the Opera Section authority with the qualification of lyricist, composer or choreographer you must send:
1. The membership application form or application of mandate in case you are not interested in exercising the right (reserved only to “Members”) of participating in the Assembly of the Association and voting for the deliberations on the agenda, such as appointing the members of the Supervisory Board (art. 9, 10, 11 and 12 of SIAE By-Laws).
n case you are less than 16 years of age, your application must also contain your personal details, your Italian tax code and the signature of one of your parents.
From 1st January 2015, for authors up to the age of 30, the membership is completely for free. In alternative to the membership, they can grant mandate for free, which, however, requires the payment of the stamp duty.
The free membership or mandate ends on 31st December of the year when you age 30.
We remind you that if you become our Member or Principal you completely accept all the regulations included in SIAE By-Laws and General Regulations, published in the Law Library in our website.
The declaration of at least one work, using the filled and signed form, together with a copy of the work itself, complete in all of its elements. In the specific:
For musical works a paper sample, hand-written or printed, is required, together or substituted, when necessary, by a registration on a disk, tape, multimedia device, etc.;
For choreographic works all the identification details (title, author, duration)and all the elements must be indicated
(choreography, subject, music used, possible text, etc with their authors’ names) and you could complete the application with a video reproduction.
For the processing of public domain works, the sample of the processed work, of the original work and a detailed report of the processed work you completed must be sent.
Once you are our Member or Principal, the sending of additional musical or choreographic works is free of charge. Your works will be managed by SIAE for the entire duration of the membership or mandate, with no deadline or necessity of renewal.
3. Receipt of payments, if required.
- for authors who want to become members
- for authors who decide to grant mandate
4. Authorisation to the processing of your personal data.
5. Communication of the favourite author’s rights levies method.
6. A copy of your ID. Please make sure it is still valid and the personal details and citizenship information are clear.
7. A copy of your Italian tax code card. In order to ask for the tax code, people resident abroad must contact the Italian Consulate.
Once the membership or mandate granting applications are complete, if you have got all the pre-requisites, you could get the extension of your protectionfor other qualifications in the same or other Sections. If you wish, you could also ask for the recognition of your nom de plume or the authorisation for the use of a pseudonym.
In order to ask for SIAE protection for works under the Opera and Choreographic Works Section authority with the qualification of publisher you must send:
1. The membership application form or application of mandate signed by the owner of the company (or the legal representative of the society), together with authorisation to the processing of your personal data and the payment for costs of preliminary examination of your request. Moreover, the “Principal” publisher will have to pay for the stamp duty.
Only the “Members” have the right to join the Assembly of the Society and vote for the deliberations on the agenda, appointing the members of the Supervisory Board included (art. 9, 10, 11 and 12 of SIAE By-Laws).
2. The publishing company, if it is a “Member”, will have to pay for the first annual contribution; if it is “Principal”, the first annual fee. This payment will be due every year.
3. If the society, for which you apply, has been established less than two years ago and its initial publishing fund is made up of authors’ works, managed by SIAE, who are less of 30 years of age or if it is a one-man company and its owner is up to the age of 30 and the publishing fund of which is made up of authors’ works, managed by SIAE, who are less of 30 years of age, this would be exempted from paying the fee described above, as well as the contribution or the annual fee for:
a) The following two years to the effective date of the membership or the mandate (except for the stamp duty, which is due in case of “Mandate”), if it is a society.
b) Until the year the owner ages 30, if it is a company.
4. If the company is organised as a society, it will be necessary to send:
a) The articles of incorporation and the by-laws from which it results that the society carries out publishing activities in the music field (original or certified copy);
b) Substitute statement in lieu of certification signed by the legal representative of the company, which demonstrates the registration to the Companies’ Register and the Italian tax code and VAT numbers.
Instead, if it is a one-man company:
Substitute statement in lieu of certification signed by the legal representative of the company, which demonstrates the registration to Companies’ Register and the Italian tax code and VAT numbers.
5. Substitute statement in lieu of birth and citizenship certifications signed by the legal representative of the company. If the Legal representative is a non-EU citizen, instead of sending the substitute statement in lieu of certification, you can send a declaration with signature authenticated by a notary (if in Italy) or countersigned by the competent Italian Consulate (if abroad).
6. Deposit of the publishing contracts concerning at least one opera in 3 acts, or two operas in one or two acts, or two speakers, or three ballets, the rights to the economic use of which the Publishing Company acquired as the original publisher. In order to do so, the declaration forms and the publishing contracts (in stamp-impressed paper for the registration) concluded with the interested parties must be sent together with the samples of works. The forms can be requested to the SIAE offices or, alternatively, downloaded from the website, filled and used for the declaration to the General Directorate, Regional Offices or by mail.
7. Communication of the favourite author’s rights levies method.
If you need to ask for SIAE protection in case of death of the Member or Principal, or to grant posthumous mandate for works under the Opera and Ballet Section authority with the qualification of heir of the author of opera, ballet and choreography you must send:
1. Declaration in lieu of affidavit, written by a notary, or substitute statement in lieu of affidavit according to the D.P.R. 28th December 2000, no. 445, from which the following details appear:
Last name, first name, marital status and date of death of the former member;
Type of succession: testamentary or intestate;
Last name, first name, date and place of birth of the legitimate, testamentary, legitimized heirs and legatees, their current addresses and their shares;
Last name and first name of the legal representative of the possible young, interdicted and incapacitated heirs;
Date of the possible marriage, last name, first name, date and place of birth and current address of the surviving spouse (specify if it is the first or second marriage);
Whether the divorce or separation judgments were pronounced against the surviving spouse in any country or the marriage annulment as a final judgment at the moment of the opening of the succession (if so, give details of the judgment);
Personal details and date of birth of the divorced spouse (or, if deceased, the date of death), if there is a prior marriage;
In presence of a will, this does not result as challenged or opposed;
There are no other parties entitled to succession, other than those quoted in the will;
The document is written for SIAE application of the heirs and means the acceptance of the succession;
If sent by mail, the substitute statement in lieu of the affidavit must come along with a copy of the declarant’s valid ID.
2. Authenticated copy of the potential renunciation to the succession on behalf of one of the entitled;
3. Authenticated copy of the minutes of the potential publication of the will, resulting that this is not challenged or opposed.
4. Legal copy of the potential divorce or marriage annulment judgment.
5. In case, more than one is entitled to the succession, a stamp-printed mandate with authenticated signatures, appointing a common representative in SIAE is necessary. This could include the power to levy or just for administrative purpose, reminding that it is appropriate to indicate the shareholding. The mandate can be granted to one of those entitled to the succession or to someone unrelated. In the second case, the application referred to the point number 8 will need to be addressed to “Communion of ……….. heirs”, represented and managed by …. (last name and first name of the representative).
If the document is written abroad, the signatures will have to provide a visa for the authenticity by the Italian Consulate.
6. Decree of appointment of the potential protector of young or interdicted heirs and the curator of young, emancipated or incapacitated heirs, or substitute statement according to the D.P.R. 28th December 2000, no. 445.
7. Measure by the Tutelary Judge authorising the protector, curator or applicant in the case according to the paragraph 1of article 321 of the Italian Civil Code to accept the succession, donation or the bequest and to levy the revenue accrued and to accrue in favour of the young, interdicted or incapacitated heir. In case of parent exercising the parental authority, only the authorisation by the Tutelary Judge to levy the revenue accrued and to accrue in favour of the young heir is required.
8. SIAE application form filled in all the required fields and signed by the heir or, in case of multiple heirs, by their representative.
9. Substitute statement in lieu of certification certifying the place and date of birth and citizenship of the heirs or their representative.
10. Receipt of the required payments.
11. Authorisation to the processing of your personal data.
12. Communication of the favourite author’s rights levies method.
13. A copy of your ID. Please make sure it is still valid and the personal details and citizenship information are clear.
14. A copy of your Italian tax code card. In order to ask for the tax code, people resident abroad must contact the Italian Consulate.
In order to grant a posthumous mandate, which means that the author was not a SIAE member, the heir or the representative of the heirs will also have to declare the author’s works using the appropriate declaration form. The form which can be downloaded from the website can be substituted with the original printed on cardboard, which can be requested to SIAE peripheral or General Directorate offices.
It should be noted that the deposit of additional musical and choreographic works by the heirs if free of any additional charge. These works are managed by SIAE for the entire duration of the mandate granted by the heirs, with no deadline or necessity of renewal.
For further information, please contact the Customer Care Service Succession Office.