SIAE stamps on Cds and DVDs
Art. 181 bis of the law nr. 633/1941 establishes that on each carrier containing computer or multimedia programs,as well as on each carrier containing sounds, voices or moving images from works or parts of works protected by the law on the author’s rights, meant for being commercialized or that are sold to be used for any reasons of for profit reasons, must be marked with a stamp.
The task of applying the stamp, that is of “endorsing” the carriers pertains to SIAE.
The ways of issuing and use of the stamp are regulated by the Decree of the Chairman of the Council of Ministers dated February 23rd 2009, nr.31.
is an instrument of authentication and guarantee, both to be used by the Police and the consumer, who can so distinguish the legal from the pirate product, and allows to identify who produces or sells it;
it is to be normally applied on the carrier package, in order to be visible and not to be removed or transferred onto another carrier.
Anti-counterfeiting characteristics of SIAE stamps
- they cannot be reproduced and, once they are applied, cannot be removed, unless they are made unusable;
- they are metallizzed, that is why they can be neither photocopied or scanned, and contain anti-counterfeiting elements which cannot be eye identified;
- they contain the SIAE logo printed with a thermo-reactive ink;
- they contain information allowng to identify: the work title, the producer’s name, the type of carrier,the type of sale allowed, the progressive general number given to that specific work.
Whoever, for profit reasons, holds for sale or distribution, puts on the market, sells, rents, gives on any terms, shows in public, broadcasts via radio or television by any way videotapes, cassettes, any carrier including phonograms or videograms of musical works, cinematographic or audio-visual or sequences of images, or any other carrier for which it is prescribed, according to the law nr. 633/1941, SIAE stamp application on it ,without the stamp or provided with a forged or altered mark, is punished, if he did so for public usage, with the imprisonment from six months to three years and with a penalty from 2,582.00 to 15,493.00 Euros (art.171 ter, lett.d, law nr. 633/1941).
The same penalty is applied to whoever wants to make profit by copying illegally computer programmes or, with the same aims, imports, distributes, sales, holds with commercial or business purposes or rents programmes contained in carriers not stamped by SIAE (art.171 bis, comma 1, law n. 633/1941) and to anyone who, for profit reasons, reproduces in carriers not stamped by SIAE, or transfers to another carrier, distributes, communicates, presents or shows in public the content of a database in infringement of the articles 64 quinquies and 64 sexies of the same law, that is he makes the extraction of the database or he reuses it infringement of the provisions of articles 102 bis and 102 ter of the same law, or he distributes, sells or rents a database, is subject to imprisonment m from six months to three years and to a fine ranging between 2,582.00 Euros to 15,493.00 Euros. The penalty is not less than two years and the fine is not lower than 15,493.00 Euro if the offence is serious (art.171 bis, paragraph 2 law nr. 633/1941).
Whoever buys or rents audio-visual, phonographic, computer or multimedia carriers not complying with the law prescriptions, that is components meant for avoiding technological protection measures, he is punished with the fine of 154,00 Euro and with the accessory penalties of the confiscation of the material and the publication of the punishment measure in a national newspaper (art. 174 ter law n. 633/1941).
In some cases (par. 3 of art. 181 bis of law n. 633/1941), provided the fulfilment of the possible obligations concerning the author’s and the related rights, the stamp application can be replaced by a special personal identification declaration concerning the stamp, according to art. 6 of the Decree of the Chairman of the Council of Ministers dated 23rd February, 2009 nr.31.
This happens with carriers including computer programs (regulated by the legislative decree dated 29 December, 1992, nr. 518) only used by computer, provided that these programs do not include sounds, voices or sequences of moving images such as to be phonogram, cinematographic and audio-visual complete works, which have not been specifically made for the computer program or their pieces or parts exceeding fifty percent of the whole work they are taken from, thus giving place to a competition for the economic usage of the works themselves.
The Decree of the Chairman of the Council of Ministers dated February 23rd 2009, nr.31 establishes (art. 5.3 and art. 7) the cases of no obligation to apply the stamp, provided the fulfilment of any possible obligations concerning the author’s rights and the related rights.
To request the stamps for carriers of any format, the producer has to refer to the Phonovideographic and Anti-piracy Market; the forms and the specific information for the different kind of carriers (CDROMs; DVDs; Objects with pre-recorded music; Imports) on which he wishes to apply the stamp, are detailed in the Users section of the website at the link audio and video reproductions.
The amount to pay for each stamp is 0,0310 euro; this amount is 0,0181 euro for the stamps to apply on the carriers which are distributed for free, or annexed to publications on sale without increasing the price normally applied according to what provided by the Decree of the Chairman of the Council of Ministers dated December 21st, 2001.
The endorsement activity, which can be referred to the protection and defence of intellectual works, is not subject to VAT according to art. 3, fourth paragraph of the Decree of the Pres.of the Rep.DPR nr. 633/1972.
The price of the stamp will be added to the fee for the author’s rights possibly due to SIAE for the reproduction of works managed by SIAE on the different carriers (CDROMs, DVDs,etc.).