- Organization of Phonographic Activity
- Use of Phonograms
- Rights in Recordings Made Without Gainful Intent
- Mutual Association of Performers
- Rights of Performers
- Remuneration Payable but not Paid
- Non-Distributable Remuneration
- Access to Phonograms in Schools
Law No. 93 of February 5, 1992
Provisions for the Benefit of Phonographic Companies
and Remuneration for Private, NonProfitMaking Reproduction*
(as amended by Law No. 248 of August 18, 2000)
TABLE OF CONTENTS**
Article 1.—(1) Phonograms, including musical phonograms, recorded on disc, tape or a comparable medium constitute, as instruments for the dissemination of culture, goods in the national interest.
(2) Companies that produce phonograms are industrial businesses and as such shall enjoy, according to their size, facilities available for the benefit of large, mediumsized and small industrial businesses.
2.—(1) The use of phonograms by radio and television organizations is subject to the provisions contained in Articles 72, 73, 74, 75, 76, 77 and 78 of Law No. 633 of April 22, 1941, as subsequently amended. 3.—(1) Without prejudice to the provisions of Law No. 633 of April 22, 1941, as subsequently amended, authors and phonogram producers, the original producers of audiovisual works and the producers of videograms, and their successors in title, are entitled to claim, by way of remuneration for the private reproduction of phonograms and videograms done for personal use and without gainful intent, a share in the selling price to the retailer of tapes or comparable sound and video recording media (music cassettes, videocassettes and other media) and of sound recording apparatus. (6bis) The persons mentioned in paragraph (3) shall submit to SIAE, every three months, a declaration providing details of the sales effected under paragraph (1) and the remuneration consequently payable under the terms of that paragraph; at the same time, they shall also pay the remuneration due in accordance with paragraphs (1) and (3).
(6ter) In the event of failure to comply with the requirements of paragraph (6bis), or when reliable evidence exists that the declaration submitted does not correspond to the facts, SIAE may apply to the judge for an order to have the accounts of the person liable disclosed or to obtain the necessary information from him.
4.—(1) IMAIE has been formed by those union organizations that are the most representative at the national level of the categories of performers who are signatories of collective agreements. Its aim, according to its statutes, is to safeguard the rights of performers and protect and promote the collective interests of the said categories of performers. 5.—(1) Without prejudice to the provisions contained in the Decree of the President of the Council of Ministers of September 1, 1975, published in the Official Journal of the Italian Republic, issue No. 252 of September 20, 1975, the remuneration payable to performers under the first paragraph of Article 73 of Law No. 633 of April 22, 1941, as subsequently amended, and under Article 3(5) of this Law shall be paid to IMAIE by the producers of phonograms or by the associations representing the category to which they belong, who or which shall moreover hand over to IMAIE such documentation as is necessary for the identification of successors in title.
Organization of Phonographic Activity ................................................. 1 Use of Phonograms ................................................................................ 2 Rights in Recordings Made Without Gainful Intent............................... 3 Mutual Association of Performers ......................................................... 4 Rights of Performers .............................................................................. 5 Remuneration Payable but not Paid ....................................................... 6 NonDistributable Remuneration ........................................................... 7 Access to Phonograms in Schools.......................................................... 8 Organization of Phonographic Activity
Use of Phonograms
Rights in Recordings Made Without Gainful Intent
Mutual Association of Performers
Rights of Performers