How to join – Radio/TV works

SIAE is the reference point, both in Italy and abroad, for the protection, collection and distribution of revenues for author’s rights on protected repertoires. If the authors of radio/TV works would like to administer their rights personally, they should organize themselves autonomously in order to control the uses of their works, grant the necessary authorizations and negotiate the relevant fees. Practically, such a goal is really difficult to be achieved, especially taking into account the continuous development of a great variety of type of uses made possible by the recent technologies. 

Joining SIAE means to have at one’s disposal, in Italy and abroad, a capillary organization that controls the uses of works wherever and however they take place, grants authorizations, collects the royalties and distributes them to all rightholders. For this purpose, SIAE negotiates with the broadcasters the terms and economic conditions of the uses, in the interest of its members for this type of repertoire.

Those who entrust SIAE with the protection of their radio/TV works management become part of an organization joined by the most famous authors worldwide and thanks to which it is possible to have greater bargaining power when negotiating and making economic claims.

Firstly, it is useful to highlight that the protection of music works falls within the competence of the Drama and Radio/TV works Section only if it is "original music", i.e. expressly composed for "operettas", "musical plays", "works of dramatic genre with original music" or "fantasy theatre". The “original music” must form, together with the literary text, a single work. For this reason, the original music must be registered together with the author of the literary part as a joint work (Articles 33-37 of the Italian copyright law).

In order to ask for SIAE’s protection on works falling within the competence of the Drama and Radio/TV Works Section, as an author of the literary part and/or author of the musical part, if you are over 16 years old, you are not a former member of SIAE or 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 by –laws)

If you are under the age of 16, your membership application form must also contain your personal details, your tax code number and the signature of those who exercise the parental authority.

As of January 1st 2015, membership is completely free of charge for authors up to the age of 30. As an alternative to membership, authors up to the age of 30 can give a mandate, which is free of charge but, however, requires the payment, at joining, of the stamp duty of 32 EUR.

The free of charge membership or mandate ends on December 31st of the year when the 30 year of age falls.

We remind you that becoming a 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 registration of at least one work by a specific form, to be filled in and signed, together with a copy of the work in its final and dramatized version.

 

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

3) Receipt of payments, where provided for:

- for authors who decide to become Members

- for authors who decide to become Principals

4) Communication of the form chosen for the payment of royalties.

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

6) A copy of your tax code card.

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

In order to ask for SIAE’s protection on works falling within the competence of the Drama and Radio/TV Works Section in your quality of publisher of radio/TV works:

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 music field (in original or certified copy);

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

- 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;

- Registration and deposit of at least one work.

 

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

- Registration and deposit of at least one work;

- 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)

3) If the company for which you submit the membership application form has been established less than two years ago  and its initial work is by SIAE’s author members  who are less of 30 years of age; or if it is a sole proprietorship company and its owner is up to the age of 30 and its initial work is by SIAE’s author members  who are less of 30 years of age, the company is exempted from paying the contribution or the annual fee also for:

- The two years following the effective date of membership or mandate (except for the stamp duty of 32 EUR which is in any case due, at joining, in case of “Mandate”), if it is a company;

- the whole year the owner ages 30 (except for the stamp duty of 32 EUR which is in any case due, at joining, in case of “Mandate”), in case of sole proprietorship.

In order to join SIAE as an assignee of rights on works falling within the competence of Drama and Radio/TV Works Section, it is necessary to submit:

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 music 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

- Registration and deposit of at least one work

 

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

- Registration and deposit of at least one work

- 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 join SIAE as a licensee of rights on works falling within the competence of Drama and Radio/TV Works Section, it is necessary to submit:

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 music 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

- Registration and deposit of at least one work.

 

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

- Registration and deposit of at least one work

- 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 for works managed by the Drama and Radio/TV Works Section (Radio/TV works) 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 n0. 445 of December 28th 2000, containing the following information:

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

- 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 the 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 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 will publication, if any, demonstrating that the will is has not been opposed or contested

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

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 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, shall 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 heir and of the curator, if any, of underage, emancipated or incapable heir 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 fiscal 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 form provided.

Please note that the registration by the heirs of further works is free of any additional charge. Said works are managed by SIAE for the entire duration of the mandate granted by the heirs with no expiry date or need of renewal.