How to join – Visual Arts

The essential requirement for joining the Visual Arts and Literature Section (OLAF Section) as a right holder for visual arts (author/ publisher/heir) is the sale, the publication or the dissemination of at least one work. The deposit of the work of Visual Arts is not foreseen.

The authors of Visual Arts works – including works of the photographic art – do not always have a precise knowledge of the rights that the law recognizes them and to which SIAE ensures protection in Italy and in many foreign countries. In fact, as to their legal status of Authors, very often they focus their attention on the first sale of their works instead of focusing also on the ownership of the reproduction right on their works, which is a point of increasingly importance in the society of image  and digital communication.

It is important to know that, under the provisions of the Italian copyright law of April 22, 1941, no. 633, it is an exclusive right of the artist to authorize the reproduction of her/his own visual art works, that is to say that the right always belongs to the author even when the mere ownership of the original work is transferred. Therefore, said right is not automatically transferred to the assignee/purchaser of the work, except in the case the artist expressly declares the intention to transfer also this same right.

SIAE, through the OLAF Section, offers to the right holders the protection of their whole Visual Arts repertoire dissemination, with regard to the right of:

- Reproduction of the works in any form, on any physical carrier and digital media and by any technical process;

- Public use of the reproduction;

- Broadcasting of the reproduction by TV (or similar means or platform), and on the internet.

It is easy to see that today – as never before - the works of visual arts are used in an innumerable variety of forms and in every area of private and social life. In fact, not only monographs and art exhibition catalogues, book covers and other printed/digital publications (newspapers, periodicals, etc.) are concerned but also posters, postcards, calendars, digital carriers (DVD, etc,) up to and including furniture products (such as tiles, panels, etc.), design, clothing, perfumery and so on. And they are destined to a continuous expansion, also due to the new ways of use offered by new technologies. Finally, the internet – from proprietary to institutional/cultural sites, from important platforms to social media – makes an extensive use of this kind of expression.

Aiming at allowing the artists and their heirs to exercise their rights, SIAE carries out its intermediation activity with users and, in the interest of the artists, grants the authorizations, collects the royalties and distributes them in the established periods, while also controlling the uses of works, notwithstanding the objective difficulties linked to their identification because of the present extent of the possible ways to use works. In its intermediation activity, SIAE represents a single point of reference for the users (one-stop-shop) to which they request the authorizations and by which they are informed in advance on the copyright costs.

It should be clarified  that SIAE’s intermediation is not mandatory: in fact, artists can directly manage their relationships with the users in order to protect their rights and directly negotiate the conditions of use of their works. However, in most cases the direct management of these relationships are very expensive, since it is not easy for the artist to check completely and certainly that each use of her/his works is made on the basis of her/his exclusive authorization and that the exploitation of works actually takes place according to the terms contractually defined with Italian and foreign users.

Artists who choose to be protected by the Society have therefore no other commitment than answer to possible, specific requests for information and/or authorizations that SIAE forwards them. It should be noted that SIAE, for the purpose of issuing the authorization, foresees specific obligations for the users: to reproduce the works identically to the original work, also chromatically, to indicate the name of the artist in full, the title of the work and the copyright notice.

In addition, for some types of authorizations (reproductions on monographs, book covers, prints, posters, cards, merchandising and advertising uses) the prior consent of the artist or her/his right holders is required. In these cases, the right holders can ask to view in advance the “printing proof” of the work in order to examine the quality of the reproduction and ask for royalties of different entity with respect to the tariffs applied by SIAE.

Finally, SIAE – even though it does not protect the moral rights – facilitates the actions carried out by the artist in their defense.

In any case, artists have the possibility to report to the OLAF Section all the TV broadcastings – and, in general, all the uses of which they become aware  of – and are indeed  invited to do so, so as to facilitate SIAE’s activities aimed at reaching an always better protection of the repertoire it manages.

The protection of works is guaranteed starting from the date of joining SIAE.  

 

REQUIREMENTS BY THE OLAF SECTION

For the purpose of membership to the OLAF Section for the protection of the reproduction right of the visual art works repertoire of the artist - including the works of photographic art – it is necessary to submit the following statement of mandatory character, managed by the Section:

Statement regarding the publication or use , together with the relevant documentation. Said documentation must be suitable to prove – at least for one work – the sale or the publication in books, catalogues, periodicals, etc. or the public use in exhibitions, websites, etc.

To obtain SIAE’s protection on works falling within the competence of the OLAF Section as an author of visual arts works - works of photographic art included - 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 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 while, while for those who give a mandate, no payment of the annual fee is required even after the age of 30.

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) Statement required by the OLAF Section, together with the relevant documentation.

Please see at the paragraph REQUIREMENTS BY THE OLAF SECTION.

3) Receipt of payments, where provided for:

- for those who decide to become Members

- for those 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 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

In order to join the OLAF Section for such category, 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 original or certified copy);

- Certificate of incorporation issued not before than 3 months prior 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 of at least one work which has already been published or distributed together with the relevant documentation (i.e. copy of the book title page, proof of the occurred TV broadcasting and web utilization).

- Statement required by the OLAF Section, together with the relevant documentation.

Please see at the paragraph REQUIREMENTS BY THE OLAF SECTION.

 

 

2) If it is a sole proprietorship:

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

- Communication of the form chosen for the payment of royalties

- Certified e-mail address

- Registration of at least one work which has already been published or distributed together with the relevant documentation (i.e. copy of the book title page, proof of the occurred TV broadcasting  and web utilization)

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

- Statement required by the OLAF Section, together with the relevant documentation.

Please see at the paragraph REQUIREMENTS BY THE OLAF SECTION.

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 OLAF Section in the field of visual arts – works of photographic art included - 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 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

13) Statement required by the OLAF Section, together with the relevant documentation, in case of request of posthumous protection or in case the Author for whom the protection is required was not a member of OLAF Section

       Please see the documentation described at the paragraph REQUIREMENTS BY THE OLAF SECTION

 

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