Working with music

SIAE regulations for tracks published on a personal website

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ScalaQuaranta

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Reply 21 by Dante

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Well, you can't download what you listen to on the radio... and yet they assure you that they pay

Even when you go to the local sausage festival, you don't download the tracks performed by various little bands... and yet they pay... in short, they are taxes, there is no escaping them

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Reply 22 by Dante

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I forgot, in my opinion they are streaming; regarding the downloading issue, a medium sound recorder that everyone has by default on their system is enough... that's why I think you have to pay

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Reply 23 by CromaDiBrera

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I believe the case is not provided for simply because listening alone does not involve compensation, but the substance does not change since SIAE mediation is mandatory for all authorizations subject to mandate; in practice, the associate cannot directly authorize or establish terms of use for their own repertoire.

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Reply 25 by ScalaQuaranta

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some perplexities still remain... I don't know why, and yet your interventions are very clear.

let's be clear... my intention is not to avoid paying the tax but simply to have a clearer and more conscious vision

of reality, of what one must (or should) and must not (or should not) do.

the thing that still leaves me perplexed is the discussion about the Tube....

i mean....(correct me if I'm wrong)...if I upload a series of files to the Tube (whether audio and/or video), am I released from SIAE?

- if YES....to LEGALLY avoid the tax, on my personal website would it be enough to simply publish the link to the relevant video on YouTube? (for now I am speaking exclusively of my own pieces, composed by myself and DEPOSITED in SIAE)

- if NO....does it mean that everyone who publishes on the Tube pays the tax punctually to SIAE?.....mmmm....I strongly doubt it

and....forgive my ignorance once again....those who publish (I am always talking about unpublished audio pieces but deposited) on MySpace?

one last thing....let's say OK, there is this tax to be paid.

- but is SIAE the sole and only entity to which it must be paid?

- or is it possible to make a choice, just as one can choose WHERE to deposit one's tracks?

I'll give an example....

if I have deposited my pieces at "VATTEAFFANACANNA spa" (a copyright protection company with the same functions as SIAE),

- to whom must I pay the tax? always to SIAE?

and then again....

- if the tax is paid to SIAE, is it this same entity that "interposes" itself between my pieces and the users who use them?

- or....given that my pieces are subject to VATTEAFFANACANNA spa, must the amount of the tax be paid entirely to this other company?

could you indicate some links to self-promotion websites that are compliant with the law?

thanks

ScalaQuaranta

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Reply 26 by Dante

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Let's establish what is legal and what is less so

In the meantime, those who manage the tube (and similar) pay and apply any censorship ... and sometimes they even end up in a mess due to those who transgress what should be the basic rules of respect for others' work.

Obviously, this doesn't stop anyone from publishing tracks fraudulently deposited somewhere. In short, there are always "clever" ones.

If you do not grant rights to SIAE, you don't have to pay anything (obviously); if you give them to another equivalent organization, you still owe the duty to another under its own copyright management rules... many insights in CromaDiBrera's link.

If you don't want to give anything to anyone, unsubscribe from SIAE and prepare yourself (only) to prove the authorship of the works in case of plagiarism.

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Reply 28 by ScalaQuaranta

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guys... I wouldn't want to drag this discussion out too much.

i still have, even if less than before, a few more question marks to resolve.

i will take advantage of my curiosity to highlight some other 'question marks' of mine... maybe over time,

all this info could be useful to someone.

zazza... I saw the sites you recommended to me

i wouldn't want to have made a mistake, but they seem to have a type and structure totally different from that of a personal site. the ones you indicated seem more like "e-commerce" to me, virtual stores... and in this case, it is obvious and mandatory to pay that type of tax.

but a site like mine is essentially (in terms of content) a multimedia business card.

also, I'll add that I wouldn't publish who knows how many audio files of my compositions.

5-6 pieces, no more, just to give a sample of my style.

the SIAE tax refers to a much higher number: up to 20 tracks (up to 30,000 views) = 60 euros.

in my specific case: 5-6 pieces, yes, I would like to publish.... but within a fairly 'convenient' timeframe... like one piece per year (not so much because of my lack of productivity. certain works, certain songs, if published, would lose value and I would want them to remain intact while waiting for live performances).

so, in essence, I would really publish very little...

as for views, statistically speaking, I am not yet very experienced with view counts.... but I really don't know if I would be able to reach a similar reach (30,000 views..... I imagine they refer to a year, since the 60 euros would be paid annually).

i am not very informed about SIAE legislation, but I remember that there exists (or existed) a diversified series of payment formulas for the organization of musical events.

who knows.... maybe there could also exist in this branch, a diversified form for intermediate measures.

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Reply 29 by Zazza

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ScalaQuaranta wrote:

zazza...I saw the sites you recommended to me

I don't want to have made a mistake, but they seem to have a type and structure totally different from that of a personal site. The ones you indicated seem more like "e-commerce" to me, virtual shops...and in this case, it is obvious and necessary to pay that type of tax.

self-promotion is self-promotion

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Reply 30 by Natan

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239

As I was saying, for me a little bit of SIAE [Italian copyright agency] doesn't hurt

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Reply 31 by CromaDiBrera

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Roma

But it's not as if you absolutely have to come to Rome...! You can also send an email to the SIAE secretariat (sam.segreteria@siae.it); at worst, they will respond by indicating the right office to ask for this information. Generally, they respond politely and in a short amount of time.

Anyway, in general terms, I reiterate a concept which is this: the entire repertoire of a member (even that which is not registered) is subject to SIAE's mediation between the author and/or publisher and the public. Unlike other societies of authors and publishers, SIAE performs (or, rather, should perform) services other than simple registration for the protection of authorship and the redistribution of royalties. If you join BMI, for example, you have no legal assistance, nor promotional assistance (besides, it is free for authors and so is registration); and, as far as mediation with the users of your music is concerned, BMI (like Ascap or Sesac, also American) operates under a regime of free negotiation, because the field in which it operates is much less institutionalized than ours: suffice it to say that there is no monopoly like the one currently in force in Italy. Another example, to give you an idea: BMI deposits (virtually, in reality) the members' tracks in a huge library that, among other things, also offers this service; SIAE, on the other hand, deposits them with itself and, even physically, possesses and manages them directly. In fact, it has an incredible paper archive... Furthermore: the majors in the USA have recently questioned mediation with BMI and Ascap, acting somewhat as if large companies were refusing to enter negotiations with unions; something like that would be unthinkable here... Finally, regarding self-promotion: the agreements between SIAE and Creative Commons are very recent and still controversial, while most foreign societies have never found anything to say about the possibility of integrating these licenses with their own expertise, and the reason is simple: managing the resource of each member's repertoire is not (unlike for SIAE) among their duties.

In practice: if one only needs to register their work and work hard to make it known, SIAE is an obsolete tool, unnecessarily expensive and perhaps even counterproductive, since you are not free to do what you want with your music. Naturally, this is just my opinion, but there are now things like Safecreative which, combined with Creative Commons, allow one to move without stamps, bulletins, bills, et cetera.

Anyway, in your place, I wouldn't worry too much: between building a repertoire, making a website, perhaps looking for a publisher (if necessary), promoting yourself the right way, etc., the SIAE issue seems like the very last of your problems. I am also (for a little while longer, I think) registered with SIAE, but if I want to put something on YouTube, I put it there, with or without stamps. Otherwise, we're in for a long wait, as they say in my parts...

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Reply 32 by Gerardo

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ScalaQuaranta, the logic is that you have to pay SIAE even to promote yourself... if you know you won't get a return, don't make the site; otherwise, a small percentage of the tax you are paying will come back to you. If instead the return will be very high (I wish that for you), then who cares about such a low amount

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Reply 33 by Dante

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275
Dante wrote:

Meanwhile, those who manage the tube (and similar ones) pay and apply any censorship ...

Here is a tangible example

http://www.pianoconc...-alla-carosone/

After half an hour the video is obscured... if there is truly money to be made, don't worry, the videos get "discarded"

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Reply 34 by CromaDiBrera

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Dante wrote:

Here is a tangible example

http://www.pianoconc...-alla-carosone/

After half an hour the video is obscured... if there is really money to be made, don't worry about videos being "discarded"

It actually says that the video was removed by the user. In any case, it is forbidden to upload a video whose content is protected by someone else's copyright, unless certain conditions are met; on this point, YouTube's regulations are very clear. This is a television broadcast, so... It doesn't surprise me that it might have been removed.

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Reply 35 by Dante

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I had read exactly "obscured", but the gist is the same....besides, the author of the topic is an active user and the fact is very recent, that's why I cited it...

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