Licence for Reprography and Photocopies

The SIAE and the associations of authors and publishers have signed with the representative associations of merchants of copying points an Agreement dated 13/01/2009 in which the tariffs for authors’ rights were set for the reproduction of works by means of photocopying, or similar systems and the methods of payment (ex Lawn.633 / 41).

This Agreement foresees a system for determining due compensation to the legal holders, based on a criterion

of a comprehensive estimate of the amount of copies of protected works that have been done, which takes into account the number of copying machines held by each copying centre and the type of work they perform. It also imposes automatic renewal of the Annuity, unless explicitly cancelled.

Without jeopardising the prohibition to reproduce of music and musical scores, the copying of original works published for print is permitted provided:

  • It is "for personal use" of the customer, that is, for their own purposes of reading, study, consultation; a commercial use of photocopies is therefore not allowed nor is it possible to make additional copies to distribute to others, without charge; moreover, the prohibition on any utilization made in competition with the exploitation rights stands prohibited;
  • It is within a maximum limit of 15% of each volume or journal, excluding advertising pages.

The copying centres, (copy shops, copy-centre or tobacco shops, stationery shops or other shops that carry out photocopies of protected works even only occasionally) in order to regularize their position should contact the local area SIAE office, and underwrite the so-called "Acknowledgment", a document with

self-certification value where the constituent elements of the agreement are specified. The statements set out in the acknowledgment and duly signed by the operator shall be considered authentic until correction and, therefore, it is on the basis of these statements that the compensation for the authors’ rights are calculated. In the event of any changes in the situation, before closure of the agreement, it is up to the legal representative of the copying centre to  see to the correction of the acknowledgment, to be made at the same competent local area SIAE .

The remunerations due for copying from the copying centres are determined on a flat rate based on the number of machines present in the shop and also to the different activities that they perform and that the amount to be paid – annually corrected for inflation – be available for collection as established in the Tariff Section.

The SIAE – under the current Law – is called upon to exercise over the whole of the national territory, an activity of control on the copying centres, on public businesses and wherever copies are made of protected works.

The non-compliance of the agreements are reported by the SIAE to the competent authorities for the application of sanctions provided for by the Law.

Being understood that it is avoided to reproduce 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 fee 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) fees --> tariffs --> 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 fee  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 fee 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.