SCF has signed the Regulation for the management of private copying compensation due under Article 71 septies of the Copyright Law to "third-party producers", i.e. those producers who have not granted a mandate to any collective management organisation for phonographic rights, and of private copying compensation for productions sold in combination with editorial products in newsstands due to all phonographic producers.
The Regulation governs the private copying compensation (due to third parties and related to newsstand productions) accrued in the years from 2012 to 2017 and, as regards only the compensation due to third-party producers, also the compensation for the years from 2009 to 2011 and establishes the requirements and the procedure for admission to the distribution of the same compensation.
Third-party producers can submit their requests to one of the collective management organisations that signed the Regulation.
SCF verifies the existence of the requirements, examines the documentation filed and, in case of a positive outcome, distributes and pays the compensation due to the producers entitled to it.
With reference to the compensation related to newsstand productions, producers who are members of a collective management organisation may submit an application to their own organisation, which in such cases will apply the percentage of reimbursement of expenses normally provided for by its own distribution regulation for member producers. SCF client producers will receive a separate communication through Katalegale.
Requirements for Submitting a Private Copying Compensation Claim by "Third-Party" Producers
In order to submit a claim for the liquidation of the private copying right, the following subjective requirements must be met:
a) Be the Producer holding the economic exploitation rights for the Italian territory and for the relevant Reference Year for the Sound Recordings and Phonograms covered by the claim.
b) Have marketed Sound Recordings in Italy, or have made Phonograms available to the public in Italy through digital distribution platforms.
c) Have paid, directly or through third parties, DRM in the Reference Year or, in the case of Phonograms made available exclusively through digital distribution platforms, have signed a licence for the digital uses of the Phonograms with SIAE (or another similar foreign collective organisation for the administration of copyright, or directly with the entitled Music Publishers), directly or through third parties.
d) Not be, at the time of the application, finally convicted of one of the crimes provided for by articles 171 ss LDA (Copyright Law), nor be bankrupt or subject to bankruptcy proceedings.
e) If the applicant is: a foreign collective management organisation within the meaning of Article 3, letter a) of Directive 2014/26/EU; or an Italian or foreign independent management entity within the meaning of Article 3, letter b), of Directive 2014/26/EU; or another entity (individual or collective, such as foundations, associations) other than those mentioned above that holds the power to administer the private copying rights of one or more Producers or their successor, in the ownership of the Phonogram concerned by the private copying claim.
Claim for Liquidation
Download the claim form for the liquidation of the private copying right for traditional channels, fill it out, print it on letterhead with the signature of the legal representative and send it by post IN PAPER FORM to the following address:
SCF S.r.l. via Leone XIII, 14 - 20145 Milano.
c.a Ufficio Relazioni con Mandanti.
Documents to be attached:
- For cases referred to in letter e) of the previous paragraph, a copy of the power of attorney or the deed of succession
- Copy of the covers of the Sound Recordings and/or documentation attesting to the digital distribution of the Phonograms covered by the request
- Declaration in lieu of a sworn statement made in accordance with Presidential Decree 28.12.2000 no. 445 (conforming to the standard model available at SCF) and subsequent amendments attesting to the requirements set out in letter d) of the previous paragraph concerning the requirements
- In the event that the right to collect private copying rights for the Sound Recordings and Phonograms covered by the request (including, in particular, Newsstand Productions) have been acquired by third parties (except in the case of succession):
- the nominal list, for each Phonogram, of each Producer from whom the right to collect private copying rights has been purchased
- a declaration in lieu of a sworn statement made in accordance with Presidential Decree 28.12.2000 no. 445 and subsequent amendments (conforming to the standard model available at SCF) addressed to the Collective Organization and, for information, to each Producer referred to in paragraph i), attesting that the Third Party Producer applicant is the holder of the right to collect private copying rights for the aforementioned Phonograms
- if the Third Party Producer from whom the right to collect private copying rights has been purchased is a controlling, controlled or affiliated company of the Third Party Producer applicant, the latter shall state this in the declaration in lieu of a sworn statement referred to in paragraph ii), without any further formalities.
- Photocopy of the identity card of the person signing the application, including the declarations in lieu of a sworn statement referred to in points 3) and 4) of this paragraph
- In the event that the Third Party Producer has paid DRM to foreign collective organisations for the administration of copyright, a copy of the relevant invoices (or equivalent documentation) showing the amounts paid for sales in Italy.
Newsstand Channel Liquidation Request
Download the liquidation request form for producers for the newsstand channel private copying right, fill it out, print it on letterhead with the signature of the legal representative and send it by PAPER MAIL to the following address:
SCF S.r.l. via Leone XIII, 14 - 20145 Milano.
c.a Ufficio Relazioni con Mandanti.
The following documents must be attached to the request:
1) For cases referred to in letter e) of the requirements section, a copy of the power of attorney or the deed of succession
2) Copy of the covers of the Phonographic Media and/or documentation certifying the digital distribution of the Phonograms covered by the request
3) Substitutive declaration in lieu of affidavit made pursuant to Presidential Decree 28.12.2000 no. 445 (conforming to the standard model available at SCF) and subsequent amendments certifying the requirements set forth in letter d) of the requirements section
4) In the event that the right to collect private copying rights for the Phonographic Media and the Phonograms covered by the request (including, in particular, Newsstand Productions) have been acquired by third parties (except in the case of succession):
i. A list of names, for each Phonogram, of each Producer from whom the right to collect private copying rights has been purchased;
ii. A substitutive declaration in lieu of affidavit made pursuant to Presidential Decree 28.12.2000 no. 445 and subsequent amendments (conforming to the standard model available at SCF) addressed to the Collective Organization and, for information purposes, to each Producer referred to in paragraph i), certifying that the Third Party Producer applicant is the holder of the right to collect private copying rights for the aforementioned Phonograms
iii. If the Third Party Producer from whom the right to collect private copying rights was purchased is a controlling, controlled or affiliated company of the Third Party Producer applicant, the latter shall state this in the self-declaration referred to in paragraph ii), without further requirements.
5) Photocopy of the identity card of the person signing the application, including the substitutive declarations referred to in letters 3) and 4ii)
6) In the event that the Third Party Producer has paid DRM (mechanical reproduction rights) to foreign collective organisations for the administration of copyright, a copy of the relevant invoices (or equivalent documentation) showing the amounts paid for sales in Italy.
Please note that producers who grant a power of attorney to SCF (possibly by joining) will NOT be required to submit all of the above documentation.
Information on submitting a liquidation request or granting a power of attorney to SCF can be obtained by contacting the SCF Ufficio Relazioni con Mandanti e Consorziati (Relations with Principals and Consortia Office) via:
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The request for liquidation of the private copying right can be submitted to only one of the organisations that signed the Private Copying and Newsstands Regulation.
The managing organisation will promptly notify the other Collective Organisations of the receipt of the request for liquidation of private copying compensation via certified email (PEC).
The managing organisation will notify the other collective organisations and any third parties of the receipt of the liquidation request within 30 days.
Each Collective Organization will set up a dedicated section on its website, accessible to the public, where the following data will be entered and updated:
- The list of Third Party Producers who have requested liquidation of private copying compensation;
- The list of parties in conflict regarding requests for liquidation of private copying compensation;
- The status of pending disputes (investigation; conciliation meeting; litigation).
Conflict Management
If, during the procedures for the distribution of private copying compensation, a written objection is raised by one of the Collective Organizations or by third parties, the Collective Organization receiving the objection will immediately inform the other Collective Organizations and suspend any payment of the claimed private copying rights until the conflict is resolved.
The Collective Organization receiving the objection will endeavour to resolve the conflict between the interested parties, inviting them to a contradictory meeting within 90 days at its headquarters; upon express invitation of the Collective Organization receiving the objection, the other Collective Organizations may also participate in the meeting.
The Collective Organization concerned will draw up the minutes of the meeting, which will in any case be notified via PEC to the other Collective Organisations.
If the conflict is resolved, the Collective Organization concerned will proceed to pay the claimed private copying compensation.
If the conflict is not resolved, the Collective Organization will refrain from paying the claimed private copying compensation until a court ruling or arbitral award is issued deciding on the conflict or until a subsequent written agreement is reached between the interested parties; a copy of the decision or agreement will be sent to the other Collective Organisations.
Distribution Times
With reference to the years for which SIAE has paid the compensation and provided the data necessary for the distribution to the collective organisations, the organisation managing the request for liquidation of the private copying right will process each request within 60 days from receipt of the request, unless conflicts occur.
Costs
SCF has determined the amount of the reimbursement of management costs for the liquidation of private copying compensation - applied to third party producers - at 5% of the compensation distributed to each entitled party.