These are the answers to the questions mosts frequently asked by artists. For further information please view the specific entries.
NUOVOIMAIE is the Institute established by Law (L. 100/10) for the protection and distribution to artists, performers or executors of the equity remuneration and the private copying they are entitled to since July 14th 2009.
There are also other Institutions or companies protecting and managing the rights of the artists. Why should I choose NUOVOIMAIE?
You should choose it for its role and activities, the competence and the services that define it and make NUOVOIMAIE different to all others.
Who are the artists protected by NUOVOIMAIE?
According to the Law, the artists, performers or executors, protected by NUOVOIMAIE are the actors, the dubbers, the singers, the conductors of an orchestra or a choir , whose participation to the audiovisual or audio work, has a primary or secondary role.
What is the difference between the neighbouring rights of the artists and copyright?
Copyright protects authors of intellectual work (e.g. screenplay) and in Italy it is managed i by SIAE.
Neighbouring rights protect the artist whose performance is recorded on a audiovisual or phonographic recording work. So the singer songwriter is at the same time both the holder of neighbouring rights and copyright.
How does NuovoImaie collect the remunerations of the artists in Italy?
With regards to the Music Area, NUOVOIMAIE, can negotiate and directly collect the amounts due to the artists (modified article 73 of L.633 / 41). Before the legislative change , only the producer was enabled to negotiate and collect the equitable remuneration due to the performers deriving from the public broadcasting and the use of the phonograms .
For the Audiovisual Area, NUOVOIMAIE collects the equitable remuneration and the audiovisual private copying directly from the users (e.g. tv, DVD distributors, Hotels, websites) and from SIAE in favour of the represented artists entitled to it.
How does NUOVOIMAIE collects the artists ‘ remunerations worldwide?
The artists are entitled to receive the equity remunerations and the private copying also when their works (i.e. audio recording or movie) are transmitted or used in foreign countries. After the signing of agreements with foreign collecting societies, NUOVOIMAIE, collects the remunerations accrued by the artists represented by the Institute from abroad.
Which countries does NUOVOIMAIE collects the remunerations of the artists from?
See the relating section.
How often does NUOVOIMAIE distribuite the remunerations to the artists?
NUOVOIMAIE distributes the rights four times a year as per the following timetable: in january and june audiovisual distribution; in april and october music distribution.
I am an artist: what should I do to be protected and represented by NUOVOIMAIE?
You can choose: you can become a member of the Institute or you can give mandate to NUOVOIMAIE.
The member participates to the social activities of the Institute and takes advantage of its services and conventions.
With the mandate, the artist does not become a member of the Institute but he/she entrusts NUOVOIMAIE to manage his/her remunerations in Italy and/or in the chosen foreign countries. Therefore, if in a specific country your rights are managed by the local collecting society (to which you gave a mandate) you must exclude the aforementioned country from the Mandate to NUOVOIMAIE.
In any case, the member must also sign a mandate for the management of his/her rights abroad.
The enrolment and mandate do not have any minum time-length and they may be modified or cancelled according to the Application and Mandate Rules.
How much does it cost to be member or entrust NUOVOIMAIE with a mandate?
Registration and giving a mandate are for free and do not entail any obligations
I am an artist but I play in a theatre and sing in public squares, moreover, I have never recorded a phonogram nor played in an audiovisual work. Can I become member of NUOVOIMAIE?
As the object of the protection is the recording of a phonogram or the cinematographic work or similar, live representations do not generate equitable remuneration and the artist can not become a member of NUOVOIMAIE.
What are the Institute’s management costs?
The Institute keeps a percentage of the rights collected to cover its management costs. This percentage is quantified annually during the preparation of the Budget. Currently the percentage is equal to 15%. For the collection of rights through the collective societies with which NUOVOIMAIE signed agreements of reciprocal representation, there is no commission.
How does NUOVOIMAIE calculate the equitable remuneration of music?
The tariffs of the equitable remuneration music are to date those provided by the producers.
According to the Law, Producers must also provide all identificative data relating to rightholders or performers participating to each single phonogram together with the relating reports. As per distribution rules, all the amounts collected by NuovoImaie for the use of the Phonogram are then assigned to each Phonogram as follows:
a) when there are analytical utilization reports (for radio and television broadcasting), based on specific criteria such as the number and duration of passages, taking into account the amount paid by each user;
b) for further utilizations or when there are no analytical utilization reports available for radio and television broadcasting, on the basis of various parameters, including the market data supplied by SIAE.
How does NUOVOIMAIE calculate the equity remuneration in the audiovisual area?
The rates of equity remuneration in the audiovisual area are negotiated directly by NUOVOIMAIE. The Institute is paid the amounts due to actors and dubbers by the users (for example tv broadcasters). Users must also provide the necessary accounting to identify the entitled artists featuring in the audiovisual work with the relevant data. As per distribution rules, the amounts collected by NUOVOIMAIE for the use of the cinematographic work or similar are then allocated to each work as follows:
a) when there are analytical utilization reports (for example television broadcasting) based on specific criteria such as the channel, the time of the broadcast the number and duration of passages;
b) when there are analytical utilization reports (for example the viewing of a film with a television set in a hotel room) the amount of each work is calculated in proportion with the commercialisation data of the work.
How does NUOVOIMAIE calculate the audio private copying?
The criteria applied by the Institute for the distribution of remuneration for audio private copying to rightholder artists are described in the Distribution Regulations available on the website. To summarize, keep in mind that, according to the regulations, the right for private copying for personal use due to each artist is allocated in proportion to sales data of the phonogram provided by SIAE. For example the artists featuring in a cd which sold thousands of copies will be entitled to a much larger share of equity remuneration than the one the artists who featured in a phonogram which sold hundreds of copies are entitled too.
The Audio Commitee of NUOVOIMAIE is working so that a share of the private copying remuneration will be allocated also on the basis of downloads from Italian websites in proportion with the number of downloads (for example iTunes).
HOW does NUOVOIMAIE calculate video private copying?
As per distribution rules the audiovisual private copying is calculated on each work in proportion to the amounts accrued by said work for its utilization (in any way). For example, the artists of a movie who’s DVD was sold in thousands of copies shall receive a greater quota of private copying than the artists of a movie who’s DVD was sold in a few copies.
How does NUOVOIMAIE distribute remunerations to artists?
As per distribution rules, NUOVOIMAIE allocates the remunerations as follows:
the remunerations due to artists of the music area are distributed among the rightholders assigning each primary performer a double share with respect to the one guaranteed to single secondary performers, considering as regards rightholders group members as single primary (or secondary) perfomers.
The remumerations due to artists of the audiovisual area distributed between the single entitled performers assigning the single primary performers a double share with regards to the one guaranteed to single secondary performers.
In the case of an EU work in which the entitled performer has been dubbed, 25% of the amount due will be reserved to the dubber; while in the case in which the dubbing of a perfomer has been carried out by differrent dubbers, the reserved amount will be equally divided between the latter.
The amount due is calculated for each single work and then distributed among the entitled artists. What happens if the artists who performed in the work are not all represented by NUOVOIMAIE?
NUOVOIMAIE will collect the quota due to the artists it represents from the producer or the user. The other artists are at risk of not receiving the amounts due if they are not represented by any collecting society.
How can I verify which works have accrued a remuneration?
This information is partially available in the Financial Report section where you will be able to access the single complete financial statement for each period.
In any case, when the remunerations will be communicated, NUOVOIMAIE will also send the artists the analytical reports provided with detailed information about the works that have accrued a remuneration.
Moreover, NUOVOIMAIE has set up a website through which members will be able to communicate with the Institute, share and ask for information, manage payments online etc.
Are tenders for the granting of funds for promotion envisaged according to art. 7 L93/92?
NUOVOIMAIE has set Rules approved by internal collegiate bodies which have been forwarded to the Vigliance Authorities for approval as provided for by Law 100/10.
With regard to the audiovisual area, the fund is set up annually through the allocation of 50% of private copying remunerations up to the period of reference of 2011, then following the approval by the Vigilance Authorities, the tender will be announced .
For the music area, the fund is constituted by remunerations that have not been collected by rightholders, meaning amounts due to artists who have not been identified within three years from the online publication on the Institute’s website of the data relating to each allocation.
For the audiovisual area, the fund is set up annually with 50% of private copying remunerations up to the period of reference of 2011, then following approval by Vigilance Authorities the tender will be announced.