SIAE stickers on CDs and DVD
Article. 181a of Law no. 633/1941 establishes that every package containing computer programs or multimedia and any support systems containing sounds, voices or moving images that reproduce works or parts of works protected by copyright law, for trade or for concession for use in any capacity for profit, must bear a SIAE's stickers on it.
The task of applying the adhesive, that is, of "endorsing" the media is entrusted to the SIAE.
The rules for issuing and using the adhesives are regulated by D.P.C.M. February 23, 2009, n.31.
The SIAE authentication:
This is an authentication and protection tool, both for law enforcement and the consumer, who can then distinguish legitimate products from Pirated copies, and allows you to identify the manufacturers or traders;
It should be normally applied on the packaging, so as to be visible and cannot be removed or transferred to another package.
The anti-counterfeiting features of the SIAE authentication
- Is irreproducible and, once applied, it cannot be removed without rendering it unusable;
- It is in metal, and so cannot be photocopied or scanned, and contains anti-counterfeiting elements undetectable at sight;
- It contains the SIAE logo printed in a special thermo-reactive ink;
- It contains information referring to the title of the work; the manufacturer's name; the type of support; the type of commercialization allowed; the general progressive numeration; the numeration relative to that specific work.
Whoever, for profit, holds for commercialization type 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 sticker application on it ,without the sticker 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 programs or, with the same aims, imports, distributes, commercialization types, holds with commercial or business purposes or rents programs contained in carriers not authenticated by SIAE (art.171 bis, paragraph 1, law n. 633/1941) and to anyone who, for profit, reproduces in carriers not authenticated 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 sticker application can be replaced by a special personal identification declaration concerning the sticker, 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.
How to fill in and submit the personal identification declaration of SIAE sticker.
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 sticker, provided the fulfilment of any possible obligations concerning the copyright fees and the related rights.
to request the stickers for any kind of carrier, the producer has to refer to the Mercato Fonovideografico e Antipirateria; 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 sticker, are detailed in the Users section of the website at the link audio and video reproductions.
The amount to pay for each sticker is 0,0310 euro; this amount is 0,0181 euro for the stickers 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 authentication 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 sticker will be added to the fee for the copyright fees possibly due to SIAE for the reproduction of works managed by SIAE on the different carriers (CDROMs, DVDs,etc.).