How to register – Literature
The distribution of literary works is based on the publishing contract with which the author authorises the publication, which means to print his own work and circulate it among the public.
The author’s rights which are recognized by the law to the creator of a work are many, and sometimes it is not always possible for the author or who represents him to know where, when and how his own work is used, to release the necessary licenses each time and to establish the rates. In order to let the literary authors to exercise a series of the rights recognised by the law, SIAE carries out its activity of brokerage in this field.
SIAE offers an author of literary works (or of their translations) the protection of all published works for the rights concerning the following ways of usage: acting or public reading; circulation by radio, TV and similar procedures; public communication by radio or TV in public places; mechanical reproduction (on CDs, audio and video cassettes, CD-ROM, etc.); reproduction and distribution online (Internet); reproduction for personal usage by photocopy, xerography or similar means of copying.
There are also some types of rights,the protection of which is delegated directly to SIAE, that performs the task with effect ergaomnes, by the Italian law: this is the case of the private copy and reprographic (the right to get an income for the reproduction of works by photocopy or xerography, introduced in Italy with the Act of 18 August 2000, no. 248), so SIAE exclusively can grant these copyright fees to authors and publishers.
The authors protected by the association do not have any commitment other than replying to potential requests of authorisation, which come through SIAE. The office work and the concrete protection of the copyrights are facilitated by the prompt declaration of new commissions of works created for radio and TV distribution-only and by the communication of news on the usage in foreign countries, where there is a society with a Representative Agreement signed with SIAE.
The protection of the work is guaranteed from the date of the application or the signature of the contract of mandate: for usages prior to this date, SIAE may try to retrieve the rights that the author should have got and did not get paid by the users.
In order to ask for SIAE protection for works under the OLAF Section authority with the qualification of author of literary works 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).
The OLAF Section (like the Cinema Section) provides a mandate which does not require any payment for the annual fee but an additional 3% commission on the liquidation of the rights.
In 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 free. In alternative to the membership, they can grant mandate for free, just by paying the stamp duty.
The free membership or mandate ends on 31st December of the year when you age 30.
2. You also must show the receipt certifying your payment for the costs of preliminary examination of your request.
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 (www.siae.it).
3. The declaration of responsibility together with documents demonstrating the successful printed publication or public usage of at least one of your works (literary, scientific, etc.) or parts of it. You can attach a copy of the book cover and title page to your application, or suitable documents demonstrating the successful public usage of the work according to one of the following ways:
4. You must also register the declaration form 344/DL, in which to indicate the titles of the written works, the potential editor who published them and the percentage of the allocation of rights.
For works created on commission and intended for radio/TV distribution, you must register a copy of the commission agreement and the declaration form 344/RF-TV;
5. Receipt of the payment of the stamp duty, only in case you want to grant mandate.
6. Authorisation to the processing of your personal data.
7. Communication of the favourite author’s rights levies method.
8. A copy of your ID. Please make sure it is still valid and the personal details and citizenship information are clear.
9. A copy of your Italian tax code card. In order to ask for the tax code, people resident abroad must contact the Italian Consulate.
Warning: the deposit of the literary work is never requested.
Once the membership or mandate granting applications are complete, if you have got all the pre-requisites, you could get the extension of your protection for 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 OLAF Section authority with the qualification of publisher of literary works 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. This payment will be due every year. If it is “principal”, no annual fee is required, but an additional 3% commission on the liquidation of the rights.
The following are exempted from any payment, except for the stamp duty in case of “Mandate”:
a) The societies, which apply within two years from their establishment and its initial publishing fund is made up of authors’ works, managed by SIAE, who are less of 30 years of age;
b) One-man companies, the owners of which are up to the age of 30 and the publishing fund is made up of authors’ works, managed by SIAE, who are less of 30 years of age.
3. 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 literary 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.
4. Substitute statement in lieu of birth and citizenship cerfitications signed by the legal representative of the company.
If thelegal 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).
5. Documents demonstrating the successful publication of at least one work and copy of the related publishing contract.
Warning: the deposit of the literary work is never requested.
6. Declaration form 334/DL where to indicate the titles of the published works, their authors/translators and the percentage of allocation of the rights concerning the ways of SIAE protected usage.
7. Communication of the favourite author’s rights levies method.
Concerning literature, SIAE manages the rights on public reading or act, circulation by radio, TV and similar procedures (recording for distribution included), public communication by radio or TV devices; reproduction on mechanical, optical or similar devices; reproduction and distribution online, and finally reproduction for personal usage by photocopy, xerography or similar means of copying.
If you need to grant SIAE protection in case of death of a Member or Principal, or to ask for a posthumous mandate for works under OLAF Section authority with the qualification of heir of author of literary works 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 for young or interdicted heirs and the curator for 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 or curator or the 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. Application form.
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 forms (form 344/RF-TV, form 344/DL). The forms can be downloaded from the website or provided, if requested, by SIAE peripheral or General Directorate offices – OLAF Section.
For further information, please contact the Customer Care Service Succession Office.