How to join – Literature

The dissemination of literary works is based on the publishing contract by which the author authorizes the publishing, i.e. the reproduction of his own work by printing and the circulation of printed copies. There are many rights recognized by law to the creator of a work and it is not always possible for the author or his representative to know where, when and how his work is used, grant the necessary licenses from time to time and establish the fees. In order to enable literary authors to exercise the rights recognized by law, SIAE carries out its activity of intermediation in this field also. To the author of literary works (or their relevant translations) an author of literary works (or of their relevant translations) SIAE gives protection on all the published works for the rights related to the following types of use: recitation or reading in public; broadcasting by radio, TV and similar processes; communication to the public by means of radio or TV in public establishments; mechanical reproduction (on records and CDs, audio and video cassettes, CD-ROMs, etc.); reproduction and dissemination on electronic networks (internet); reproduction for personal use by photocopy, xerocopy or similar systems.

SIAE is also entrusted by law with the protection of some types of rights, and it carries out such activity erga omnes; this is the case of private copying and reprography (the right to obtain a remuneration for the reproduction of works by photocopy or xerocopy, established in Italy by Law 18 August 2000, no.248). Therefore, only SIAE can ensure the collection of said rights in favour of authors and publishers. The rightholders protected by SIAE have no other commitment than answer to the possible requests for authorizations they receive through SIAE. The work of the interested offices and the reaching of an effective protection of the authors’ rights are facilitated by the timely communication of new commissioned works specifically created for radio/TV broadcasting and by the supplying of information on uses taking place in the foreign countries where operates a Society that has entered into an agreement with SIAE.

The protection of works is guaranteed from the date of membership application or signature of the mandate contract; however, as to utilizations prior to said dates, SIAE may try to recover the royalties due to the author and not paid by the users.

Conditions relating to membership for the protection of the literary repertoire – Declarations required by the OLAF Section – from the Authors – from the Publishers – from the Heirs in case of posthumous protection.

For the purpose of membership to the OLAF Section for the protection of one’s own literary repertoire with regard to the rights administered by SIAE, it is mandatory to supply the following documentation:

1– declaration concerning the publication or use, together with the relevant documentation;

2– declaration concerning the full ownership of the rights of use on the entire one’s own repertoire. In case, as to some works, the ownership of at least one of the rights protected by the OLAF Section is shared with other right holders, it is necessary to supply also:

3– registration form for literary works mod. 344/DL and enclosures – one for each work – signed by all the right holders and indicating the share pertaining to each right holder with regard to each of the protected rights. For this purpose, 4 templates to be filled in are available as an attachment to the mod. 344 DL - one for each right - on which the requested information is to be specified.

Note: any supplying of the registration form Literary Works mod. 344/DL cannot in any way replace the required declaration of full ownership of the rights of use. Therefore, failure to submit the declaration prevents the acceptance of the request to join the OLAF Section for the protection of the repertoire in question.

In order to ask for SIAE’s protection on works falling within the competence of the OLAF Section as an author of literary works, 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 (Articles2) 12, 13, 14 and 15 of SIAE by –laws).

The OLAF Section (as well as the Cinema 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; as an alternative to membership, authors up to 30 years of age can confer a mandate free of charge; however, it requires the payment, at joining, of the stamp duty of 32 EUR.

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

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) Declarations required by the OLAF Section.

Please refer to the information box on this page.

3) Receipt of payment of the stamp duty only if you confer a mandate.

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.

N.B.: the deposit of the literary work is never required.

Once the membership or mandate application procedure is completed, if you meet the requirements you can obtain the extension of protection to other qualifications from the same Section or 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.

If you want to obtain SIAE’s protection on works falling within the competence of the OLAF Section in the quality of publisher of literary works, you must 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 field of literary works (in original or certified copy);

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

- Declarations required by the OLAF Section.

Please refer to the information box on this page.

 

2) In case of sole proprietorship:

- Certificate of incorporation issued not before than 3 months prior to the submission of 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 company proprietor.

- Declarations required by the OLAF Section

Please refer to the information box on this page.

 

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; or if it is a sole proprietorship company and its owner is up to the age of 30, then the company is exempted from paying the contribution or the annual fee also for:

a) 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 the case of “Mandate”), if it is a company;

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

As to the literary repertoire, SIAE manages the rights relating to the reading or recitation in public, on radio/TV broadcasting and similar systems (recording rights relating to broadcasting), communication to the public by radio/TV sets, reproduction on mechanical carriers,  optical or similar, reproduction and dissemination on electronic networks and reproduction for personal use by photocopy, xerocopy or similar processes. 

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 OLAF Section (literary 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 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.

13) Declarations required by the OLAF Section in the event of request of posthumous protection or if the Author for whom the protection is requested did not join the OLAF Section. 

Please refer to the information box on this page.

For any further information, please fill in the form.