TABLE OF CONTENTS**
Article
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 |
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.
6.—(1) Remuneration payable to performers under the first paragraph of Article 73 of Law No. 633 of April 22, 1941, as subsequently amended, that has not been paid on the date of the entry into force of this Law shall be paid to IMAIE by the producers of phonograms or by the associations representing the phonogram producer category, who or which shall moreover pass on to the abovementioned mutual association such documentation as is necessary for the entitled persons to be identified. The foregoing shall be 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.
(2) IMAIE shall determine the amount of the remuneration mentioned in the first paragraph above, which shall be payable to each performer according to criteria specified in an agreement concluded between the associations representing the phonogram producer category and the union organizations most representative of the categories of performers that are signatories of national collective agreements. The said agreement shall moreover determine the procedure for the collection and payment of remuneration.
(3 Within the 180 days following the conclusion of the agreement referred to in paragraph (2), IMAIE shall inform entitled persons of the amount of the remuneration payable to them and shall in addition publish a list of the names of entitled persons in the Official Journal of the Italian Republic.
7.—(1) Remuneration as referred to in Articles 5 and 6 that relates to rights whose owners are not identifiable shall revert to IMAIE.
(2) IMAIE shall use the sums referred to in paragraph (1) above and those referred to in Articles 3(6), Article 5(5) and 6(5) for study and research activities and for the purposes of promotion, training and professional assistance for the benefit of performers.
8.—(1) Within the 180 days following the date of the entry into force of this Law, the Minister of National Education shall enact provisions to promote school access to phonograms, including music phonograms, recorded on disc, tape and any comparable medium as a means of disseminating culture and encouraging education, and shall establish criteria and programs according to the budgetary credits already authorized.
* Italian title: Legge 5 febbraio 1992, n. 93—Norme a favore delle imprese fonografiche e compensi per le
riproduzioni private senza scopo di lucro. Entry into force (of amending Law): September 18, 2000. Source: Communication from the Italian authorities. Note: Consolidation and translation by the International Bureau of WIPO.
** Added by the International Bureau of WIPO.