How to register – Visual Arts

The authors of visual arts do not always have a precise knowledge of the rights the law recognize them and which SIAE guarantees for protection in Italy and in any foreign countries. In fact, very often,they tend to focus exclusively on the first sale of their works, which happens without their knowledge.

According to the Act of 22nd April 1941, no. 633, the power of authorising the reproduction of a work of visual arts or not is an exclusive right of the author. This means that this right stays with the author, even when the ownership of the original is divested and it is not transferred automatically to the owner of the work, except for the case when the author divests of his own will.

Currently, the ways of usage of visual arts works are more than what you commonly think (not only on monographs and on art or exhibition catalogues, book covers, newspapers and magazines, posters, postcards, calendars but also on tiles, cloths, DVDs, telematic networks, etc.) and are destined to a continuous expansion, also as a result of ways generated by the new technologies.

In order to allow the artists and their heirs to exercise their rights practically, SIAE carries out its activity of brokerage with the user taking care of the release of the authorisations, levying the rights and their periodic allocation on behalf of the authors, and exercising control on the usages of works, even with the obvious difficulties due to the wide range of possibilities of exploitation.

During the activity of brokerage, SIAE is the only point of reference for the users to ask for authorisations and to calculate in advance the costs for author’s rights.

It is not compulsory to use the brokerage service offered by SIAE: the artists can take care of the relationships with the users directly in order to protect their rights, by negotiating the conditions on usage personally. However, the direct management is very expensive in most cases, because it is very difficult for the single artist to check that every use is authorised and the exploitation of his works follow the terms defined by the contracts with the Italian and foreign users.

Even if it does not protect the moral rights, SIAE supports the actions taken by the artist for their defence.

In the authorisations released by SIAE, specific duties at the expense of the users are expected: to realise the reproductions to full fidelity, even chromatic, to the originals and to indicate the complete name of the artist, the title of the work and subject to copyright.

For some types of authorisations (reproductions on monographs, book covers, prints, posters, postcards, merchandising and for advertisement use) the specific consent of the author himself or one of his representatives will be required. In these cases, the people entitled to the rights can also ask to view the “print tests” to evaluate the quality of the reproduction and ask for different levels of rights, compared to the fees levied by SIAE.

The artists protected by the Society have no commitment other than answering to possible requests for information and authorisations which come through SIAE.

In order to ensure the best protection of their rights, the artists are invited to inform the OLAF Section of all the TV distributions of their works to complete the collections of data and controls and to integrate the information and data provided to SIAE by the broadcasting stations.

The protection of works is guaranteed from the date of the application to SIAE.

Concerning the visual arts, SIAE manages the rights on the reproduction of works through any technical procedure and on any type of device, on the public use of the reproduction, on the circulation by TV (or similar tool) and on telematic networks (Internet).

In order to ask for SIAE protection for works under the OLAF Section authority with the qualification of author of visual arts 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, while those who chose to grant mandate do not have to pay the annual fee not even after they age 30.

If are older than 30, it is necessary to send also the receipt of payment of 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).

2. Suitable documents demonstrating the sale, or the successful publication of at least one of your work in volumes, catalogues, magazines, etc. or certifying its public usage in exhibitions, websites, etc. These documents must be attached to the related declaration of responsibility.  

3. Receipt of payments, where required:

  • For authors who decide to become members

  • For authors who decide to grant mandate.

4. Authorisation to the processing of your personal data.

5. Communication of the favourite author’s rights levies method.

6. A copy of your ID. Please make sure it is still valid and the personal details and citizenship information are clear.

7. A copy of your Italian tax code card. In order to ask for the tax code, people resident abroad must contact the Italian Consulate.

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 join the OLAF Section in the related category the person concerned will have to send:

1. The membership application form or application of mandatesigned 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 and first annual contribution, if a “Member”. This payment will be due every year.

Please note that 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. If the company is organised as a society:

  • The articles of incorporation and the by-laws (original or certified copy);

  • 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.

  • Substitute statement in lieu of certification signed by the legal representative of the company, which certifies the birth, citizenship and presence of criminal convictions or other measures registered in criminal records.

If the legal 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) from it results the nonexistence of causes of ineligibility to administrator of the Society (article 2382 of the Italian Civil Code).

Concerning the visual arts, SIAE manages the rights on the reproduction of works through any technical procedure and on any type of device, on the public use of the reproduction, on the circulation by TV (or similar tool) and on telematic networks (Internet).

If you need to ask for SIAE protection in case of death of the member or principal, or to ask for posthumous mandate for works under the OLAF Section authority with the qualification of heir of author of visual arts 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 detailsappear:

  • 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.

In any case, SIAE reserves the right to ask for the declaration in lieu of affidavit, if necessary.

  • Authenticated copy of the potential renunciation to the succession on behalf of one of the entitled;

  • Authenticated copy of the minutes of the potential publication of the will, resulting that this is not challenged or opposed.

  • Legal copy of the potential divorce or marriage annulment judgment.

In case more than one are 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.

2. 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.

3. 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.

4. Substitute statement in lieu of certification certifying the place and date of birth and citizenship of the heirs or their representative.

5. Receipt of the required payments.

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.

In order to ask for granting 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 show the documents on the public presentation of one or more works during an exhibition with a possible catalogue.

For further information, please contact the Customer Care Service Succession Office.