The performer artist or executor of the music area has the right to collect:
- an equitable remunerationwhen the recording is broadcast, transmitted in public places, communicated to the public and, in any case, used.
- a remuneration for the private copy of phonograms made by single subjects for personal use exclusively (the so‐called audio private copying).
|The phonographic recording, in any form, on which the artistic interpretation is fixed.||N.B. Neighbouring rights must not be confused with copyright. In fact while copyright protects authors of intellectual work (e.g. screenplay) neighbouring rights protects the artist whose performance is recorded on a phonographic recording|
THE EQUITABLE REMUNERATION
When a phonographic recording (e.g., CD, MP3), is broadcast via radio, television, internet, cable, satellite, or transmitted in public places (discos, bars, shops, etc.) or in any case, publically used, the copyright law (art. 73 and 73bis) grants artists, performers or executors the right to receive an equitable remuneration.
Law No. 124/2017, which came into force at the end of August 2017, partially amended Art. 73 of Italian Copyright Law (L.633 / 41) by enabling the intermediaries of performers’ neighbouring rights to directly negotiate and collect the equitable remuneration due to performers of the music sector, as already envisaged in Italy for performers of the audiovisual sector. Prior to this regulatory change, it was up only to the producers – their collecting societies – to negotiate and collect the equitable remuneration due to performers for the broadcasting and public communication of phonograms. In order to ensure continuity in the collection of remuneration and to ensure that the transition from the previous regime to the new one does not penalize the sector, NUOVOIMAIE considered it appropriate, for an initial stage, to continue to rely on producers’ collecting societies by giving them the mandate to negotiate and collect the equitable remuneration due to the performers of the music sector.
The copyright law (633/1941) assigns artists, performers or executors the right to receive a remuneration for the private reproduction of phonograms made by singles subjects for personal use exclusively (so called private copying).
The law has been introduced to allow an individual, who has legally acquired a recording, to listen to it with different devices and in different ways, provided that this copy is made for strictly personal use and devoid of any commercial intention (for example, copying tracks from an original CD on another media owned by the subject to listen to it in private).
For this reason, in consideration of the growing spread of new means and devices able to record and copy audiovisual works, the law recognizes authors, editors, producers of phonograms, artists, performers and executors, the right to receive a remuneration.
SIAE is the Company legally entitled to collect the remunerations for private copying from the subjects who manufacture or import recording devices and blank media within the Italian territory .
The types of devices and media supports as well as the prizes of private copying applied to such devices and supports are decided by (legislative) decree.
The remunerations for video private copying are distributed among rightholders according to the following percentage:
|Distribution of remuneration for music private copying||50% to authors and their assignee
25% to producers of phonograms
25% to artists, performers and executors
NUOVOIMAIE collects from phonographic producers (mainly through their professionals associations) the quota for private copying and then distributes such amounts to both the artists entitled to them and their principals.