How to join – Visual Arts

The authors of visual art works do not always are aware of the rights that the law recognizes them and which SIAE protects in Italy and in many foreign countries. In fact, they often tend to focus their attention exclusively on the first sale of their works, often taking place without their knowledge. According to the law of 22 April 1941, n. 633 the right to grant or refuse authorization for the reproduction of a work of the visual arts is an exclusive right of the author. This means that this right is vested in the author even when the ownership of the original work is transferred and that it is not automatically transferred to the owner of the work, unless the author has not expressly assigned it.

Currently, the use of visual art works is much more frequent than is commonly thought (not only on monographs and art or exhibition catalogues, book covers, newspapers and magazines, posters, billboards, postcards, calendars, but also on tiles, fabrics, DVDs, electronic networks, etc.) and is constantly expanding also thanks to the new technologies allowing new types of uses.

In order to enable artists and their heirs to exercise their rights, SIAE carries out its intermediation activity with the users in the interests  of the authors, by granting authorizations, collecting the royalties and periodically distributing them and monitoring the utilizations of works, notwithstanding the objective difficulties relating to the great number of types of exploitation available.

SIAE’s intermediation activity is for the users a unique point of reference in order to ask for authorizations and calculate in advance the author’s right costs. It is not mandatory to use SIAE’s intermediation: in fact, in order to protect their rights the artists can directly handle relationships with the users and negotiate the conditions for the use of their works.

But a direct management is very costly in most cases as it is very difficult for the single artist to check that every use is authorized and that the exploitation of his works takes place according to the terms contractually defined with Italian and foreign users. Even though it does not protect moral rights, SIAE, facilitates the actions carried out by the artist in order to defend them. The authorizations released by SIAE contain specific obligations for users: to make fully faithful reproductions, with colour fidelity also, of the original work, to indicate the name of the artist, title of the work and the copyright notice. For some types of authorization (reproduction on monographs, book covers, prints, posters, cards, merchandising and advertising) the specific consent of the artist’s or his heirs/successors is required. Moreover, in these cases the righholders can request to check the “printing proofs” in order to evaluate the quality of the reproduction and, with respect to the fees applied by SIAE, ask for the application of fees of a different level. The artists protected by SIAE have no other commitment than answer to the possible requests for information and authorizations they receive through SIAE. In order to obtain the highest level of protection for their rights, artists are re required to inform SIAE about all broadcastings and, in general, all uses of their works they become aware of, in order to enable SIAE to best manage the repertoire concerned.

As to visual arts, SIAE manages the rights related to the reproduction made by all technical processes and on every type of carrier, the public utilization of the reproduction, the TV broadcasting (or similar device) and the uses on electronic networks (internet).

In order to ask for SIAE’s protection on works falling within the competence of the OLAF Section as an author of visual arts 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 (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) Documentation that proves the sale or the publishing of at least one work in volumes, catalogues, magazines, etc. or certifies its public use on the occasion of exhibitions, websites, etc. Said documentation must be enclosed to the relevant declaration of liability.  

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).

 

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.

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)

As to visual arts, SIAE manages the rights related to the reproduction made by all technical processes and on every type of carrier, the public utilization of the reproduction, the TV broadcasting (or similar device) and the uses on electronic networks (internet).

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 (Visual Arts 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 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 supply documentation relating to the public exhibition of one or more works together with the catalogue, if any.

For further information, please fill in the form.