The right of public performance or recitation

The author has the exclusive right to present his work to the public. This right consist in granting the authorization and receiving remuneration for the performance or recitation/representation etc. - made both against payment and free of charge - of musical, dramatic, cinematographic works or any other work that may be the subject of a public show (art. 15 of the Italian Copyright Law).

All these rights are related to the direct reception on the part of the public (present at the place where the event occurs), for example with a live performance or a performance with mechanical instruments, such as in concerts or theatres.

An essential requirement for exercising such right is that the performance or recital must be carried out in a place open to the public using any means of public performance or direct representation of the work.

The above forms of expression are not considered public by the law - and therefore shall not be subject to any authorizations on the part of the author - when they are carried out within the ordinary circle of family, boarding schools, schools or hospitals, provided that they are carried out on a noprofit-making basis (art. 15 paragraph 2 of Italian Copyright Law).

The Law 7 October 2013 No. 112 established that the recital of literary works on a non-profit-making basis, inside museums, archives and public libraries for the sole purpose of cultural promotion and enhancement of the works shall not be deemed to be public. Such museums, archives and public libraries are selected on the basis of agreements between the SIAE and the Italian Ministry of Culture and Tourism.

Italian Copyright Law also provides for the cases in which the author is entitled to receive a reduced remuneration (art. 15-bis of Italian Copyright Law), that is when the above forms of expression occur in the care centres or institutions that have been officially established in the offices of voluntary organisations, provided that such forms of expressions are carried out for members and guests and occur on a no-profit-making basis.