Licence for Reprography and Photocopies

SIAE and the Associations of authors and publishers have undersigned an Agreement on 13/01/1999, together with the Associations representing the owners of reproduction shops, in which the author’s right tariffs have been fixed for the reproduction of works by photocopies, xerocopies or a similar system and the payment modes (according to the law nr.633/41).
Such Agreement provides a method of calculation of tariffs due to the right holders, based on the global estimation criterion of reproductions carried out of the protected works, takingintoaccountthe number of re production machines owned by each re production shop and the type of activity carried out. The automatic renewal of the agreement is also provided, year after year, unless notice of termination is given. 

Without prejudice to the reproduction of scores, the reproduction of intellectual works published for printing, is allowed, provided that it is really carried out:

  • "only for personal use" of the customer, that is for his own reading, study, consultation purposes; therefore it is not allowed either a commercial use of the photocopies made, or to make further copies to distribute to others, even if for free; without prejudice also to the prohibition of any use made in competition with the rights of economic use of the work;

  • within the maximum limit of 15% of each book or periodical magazine issue, the advertising pages not included.

The reproduction points (photocopy shops,copy-centers, or also tobacco shops, stationery shops or other retailers that make photocopies of works protected, even if occasionally) have to contact the competent territorial office of SIAE, in order to regularize the situation and undersign a so called “acknowledgement”, a document valid as self-certification in which the basic elements of the contract are specified. The statements reported in the acknowledgement and duly undersigned by the retailer are considered to be authentic, until correction, and, therefore, it is according to these statements that the author’s right tariff due is calculated. In case of possible modifications of the current situation, compared with what was stated at the time, it falls within the legal representative of the reproduction point, to provide for the correction of the acknowledgement made by him, by the same competent territorial office of SIAE.

The tariffs due by the reproduction points are determined on a lump sum basis, according to the number of machines existing within the shop and also to the different business activity carried out and the amounts to pay- which are yearly adjusted to the real ISTAT inflation rate-are made available in the Tariff Section.

According to the Law in force, SIAE is bound to carry out, over all the National territory, a control activity over the reproduction points, the other retail businesses and anywhere reproductions of protected works are carried out.
The non fulfilment of agreements are reported by SIAE to the competent authorities for the application of the penalties provided by theLaw.

Without prejudice to the prohibition of reproducing musical scores, it is possible to photocopy the protected works within public libraries, for personal use only and not more than 15% of every book or periodical magazine issue,  advertising pages excepted.

If the works in the same library are rare and outside publishing catalogues,  the limit of 15% is not applied to the photocopies made within the library: only in these cases works can be photocopied wholly.

Photocopies of the works made  in the libraries for “library services” are free, that is the photocopies made for services within the library but not those made for services provided to students. Then the photocopies made available to the public in order to avoid the deterioration of the original copy, can be made without restrictions.

The rule established under art. 68, par. 5, Law 633/41 provides that the tariff that libraries have to pay to the entitled parties (authors and publishers) is determined – upon agreement between the concerned parties and SIAE – in a lump sum, “within the limits of the incomes collected for the services provided, without additional charges to be borne by the budget  of the Government and the bodies they depend on”.

This means that the photocopying service provided by libraries cannot be free; actually – being understood that the Public Administration is required to provide additional services to the public, according to economic efficiency criteria – the Legislator has  imposed to libraries a specific obligation, under art. 61,  Decree of the Pres. of the Republic Nr. 417 dated July 5th 1995, intended to get single libraries optimize the reprography service, in order to guarantee the author’s right payment anyway.

Agreements have been closed  with the Ministry of Education, Research and University for the photocopying of books in school libraries;  with Local Bodies, represented by the Conference of the Regional Administrations and autonomous Provincial Administrations, bythe Union of the Italian Provincial Administrations (UPI) and by the Association of the Italian Town Councils (ANCI), concerning the payment of author’s rights  for the photocopying of books within Local Body libraries; with the Conference of the Rectors of the Italian Universities (CRUI), concerning the copies made within universities; with ACI (Association of the Italian Cultural Institutions), concerning photocopies made within cultural institution  libraries; with UNIONCAMERE(Federation of the Italian Chambers of Commerce), concerning photocopying within Chambers of Commerce libraries; with MiBACT (Ministetry for the Cultural Heritage and Activities and Tourism), concerning photocopies made in state public libraries;  with Banca d’Italia, concerning photocopies made within its libraries; 8) with AACUPI (Association of  American College and University Programs in Italy), concerning photocopies made within the partner university campuses; with the Chigiana Library belonging to the Chairman of the Council of Ministers and the Library of the Chamber of Deputies.

Within university libraries, photocopies of protected works existing in the libraries can be made for personal use only and within the limit of 15% of each book or periodical magazine issue, advertising pages excepted. If the works in the same library are rare and outside publishing catalogues, it is possible to overcome the 15% limit and to photocopy works wholly.

Photocopies of the works made  in the libraries for “library services” are free, that is the photocopies made for services within the library but not those made for services provided to students. Then the photocopies made available to the public in order to avoid the deterioration of the original copy, can be made without restrictions.

Art. 68 of the Law concerning author’s rights provides that for photocopying in university libraries (to the extents permitted) tariffs are paid,  through SIAE, to the entitled parties (authors and publishers) in a lump sum and according to the agreements signed by SIAE together with the concerned trade associations.

For this reason, SIAE and the  Associations of authors and publishers have signed a framework agreement with the Conference of the Italian Rectors (CRUI).

For any of these universities, the flat tariff is commensurate with the number of students enrolled, as it results from the final official data  published by the Ministry of Education, Research and University (MIUR) in the annual survey on academic education, referred to July 31th of the  academic year previous to the one the payment is referred to (ex. to determine the tariff due for the academic year 2006/2007, the MIUR data referring to the academic year 2005/2006) will be used.

Reproduction services possibly provided within the execution of service contracts are to be intended as being part of the agreement, on condition that the service is carried out within universities.