REGISTRATION
The registration of copyrights and related rights is merely optional, declarative, assuring only an initial presumption of authorship. There are no procedurese to be followed to obtain the recognition of copyright. Copyright stems directly from the creation of the work. Filing of unpublished works could be done with the Italian Association of Authors and Publishers (SIAE). A request for deposit of unpublished works must be mailed to SIAE or submitted directly to the OLAF Section at SIAE’s Headquarters.
The applicant must provide the following:
1) A filled in and signed copy of the form (mod. 350), which can be obtained directly from SIAE’s OLAF section or from any other SIAE branch office located in any Italian regional capital.
2) A copy of the unpublished word, signed in original and in full with first name and last name (with the exclusion of pseoudonyms) by all authors and other rights holders, if any, on each and every written sheet, including the tilte heading. If the work is not reproduced on paper but on carriers such as videocassette, magnetic tape, floppy disk, cassette, CD, CD ROM, DVD, etc… the full signature of all authors, and other right holders, if any, must be placed – together with the title – on an adhesive label stuck directly on the carrier.
3) The deposit fee
4) If the fee is paid at the post office, the applicant must provide the original receipt attesting the payment. If the fee is paid through bank transfer, the documentation showing the transaction has made, has to be provided. If within 60 days from the date of its receipt by SIAE the mailed request for deposit is not completed following the requirements specified above, SIAE will return the unpublhished work to its rightful owner at his/her own expense, and the deposit request will be cancelled. Moreover, SIAE will reimburse the epoist fee if already paid deducting only the administrative expenses (27,59)
The fees to deposit unpublished works at SIAE vary by according to the method of payment selected:
By money: order addressed to SIAE – OLAF Section – account number 76808005
# 55.00 for SIAE members
# 110.000 for authors who are not SIAE members
# 220.000 if the deposit is requested by a legal person (societies, associations, institutions and so on) having the right to the economic exploitation of the works, or by a natural person (other than the author) who has acquired the right to the economic exploitation or the work from the author.
By bank transfer, check or at SIAE’s offices
# 55.00 for SIAE members
# 111.81 (including 1.81 revenue stamp) for authors who are not SIAE member
# 221.81 (including 1.81 revenue stamp) if the deposit is requested by a legal person (societies, associations, institutions and so on) having the right to the economic exploitation of the works, or by a natural person (other than the author) who has acquired the right to the economic exploitation of the work from the author
The bank transfer must be addressed to:
UNICREDIT BANCA DI ROMA S.p.A.
Roma Caravaggio – Piazzale dell’Industria, 46
00144 ROMA (ITALY)
codice IBAN: IT 69 N 03002 05276 000002906956
NB:
Please remember to always specify the title of the work and the details concerning the consignor.
The Registration Costs are as follows:
# One stamp of 14.62 for each request module
# Registration fee (if necessary)
For further information, please contact the:
Information desk
Phone: 0039 06 59902615 – 2806 – 2623
Fax: 0039 06 59902435
E-mail: urp@Siae.it
Open to public from Monday to Friday from 9 a.m. to 12.30 p.m. and on Tuesdays and Thursdays also from 2.30 p.m. to 4.00 p.m.
The Authors Rights Law, also known as Copyright, is intended to protect from copying and counterfeiting different kinds of works such as books, music, movies, drawings, pictures and software. What is protected is not the idea of the service given but or of realizing a certain work, but the way in which it is expressed, its actual tangible manifestation form. The Authors Rights owner is usually the creator, the Author or Co-Author, but in case of work realized in force of a subordinate work contract or on demand, the author can only claim moral rights over his work, whereas the patrimonial rights are belonging to the employer. The moral right of being recognized as the author of the work is unsellable and has no time terms. The rights of economic exploitation are transferable and are in force for all the authors life and for seventy years after his death.
The Authors Rights is granted by the only creation of the work, without any administrative procedure, deposit or such as is needed instead for inventions and trademarks. Nevertheless to deposit a work of mind at the proper office grants the advantage of a certain proof of the paternity of the work itself. Besides the deposit and registration at the SIAE (Società Italiana Autori Editori) is mandatory in some circumstances for the Authors Rights effective exercise. An author gain the exclusive right of copying, showing, executing, wide spreading, distributing, selling, renting, elaborating, lending and transforming is own work, which he can eventually sell, completely or in parts. In Italy is possible to register many kinds of mind works depending on the nature of it, mainly distinguished by the new work deposit and the published work deposit. More information are found the SIAE website. www.siae.it
Useful links:
- Form 350 for the registration of the copyright: http://www.siae.it/documents/olaf_doi_mod350.pdf?783245
- Form to request information: http://www.siae.it/documents/OLAF_doi_RichiestaInformazioniDeposito.pdf?846294
For further information, please contact the:
Ph: 0039 06 59902615 – 2806-2623
fax: 0039 06 59902435
The protection granted by the law 633/1941 comes from the creation of the work itself and not from the registration on Public Registers. The exclusive right to use the work lasts until 70 years after its creator’s death and (different from trademarks and patents) they cannot be renewed. After that period the become public. On the other hand moral rights cannot be transferred, don’t have a deadline and they are not subject to renewals. There is also the possibilty to deposit particular types of works in different Registers (i.e. SIAE or Public Movie Register) and this registration will have a declaratory efficacy, which means that it proves the existence and the paternity of the registered work.