Since its foundation, A.F.I. has always distinguished itself for the significant role it plays in protecting and nurturing Italian music.

AFI represents and defends the interests of independent phonograms producers’ small and medium enterprises, managing, collecting and distributing revenues derived from the rights of its Members and Clients, as per Italian Copyright Law (Law no. 633/1941) and/or international conventions. Since such rights can be hardly administered by the rightsholders on an individual basis, their management is usually conferred on collective management organizations under a mandate in Italy and abroad.

AFI is a collective management organization (CMO) – as defined by Italian Legislative Decree no. 35/2017 (which implemented Directive 2014/26/EU in Italy) – included on the AGCOM list of entities and organizations that qualify for operating in the sector

Any natural person or legal entity whose business activity includes that of phonograms producer and thus owns (or is the exclusive licensee of) exploitation rights on phonograms according to the law.

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Phonograms Producer means the natural or legal person who or which as per the first paragraph of Art. 78 L.D.A. “…takes the initiative and has the responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds”, as well as successors and assignees.

A phonogram producer – which owns (or is the exclusive licensee of) rights on phonograms – provides and organizes means, resources and people involved in new musical productions: an important role that has been traditionally played by small and medium-sized producers.

Neighbouring rights for public performances 

Right to remuneration where the phonograms are publicly used and performed/played for profit, by means of cinematography, radio and TV broadcasting, including the communication to the public by satellite, in public places, public establishments and on the occasion of any other public use of phonograms for profit (Art. 73 L.D.A.)

Right to fair remuneration where the above-mentioned public use of phonograms is not for profit (Art. 73 bis L.D.A.)

Right to authorize the reproduction of phonograms (the so-called “dubbing”: the copying of phonograms) for the purposes laid down in Articles 73 and 73 bis L.D.A., their distribution, rental and lending as well as the making available to the public of the phonograms in such a way that members of the public may access them from a place and at a time individually chosen by them (Art. 72 L.D.A.)

TV broadcasting – Phonograms, Videograms, Musical base/Playbacks

According to L.D.A., producers are entitled to receive remuneration for use – for profit and not for profit – of phonograms, videograms and musical base/playbacks by means of TV broadcasting.

A.F.I. has signed a series of license agreements with major Italian TV broadcasters (RAI and RTI-Mediaset) for the use of its Members and Clients’ phonograms, videograms as well as musical bases/playbacks in TV programmes.

A.F.I. manages, collects the related remuneration from the above-mentioned users and distributes it to its Members and Clients.

Private Copying rights

Reproduction of phonograms and videograms is allowed if made by a natural person for private and strictly personal use and for non-commercial ends (Art. 71 sexies L.D.A.). As per Art. 71 septies L.D.A., against such possibility a fair compensation is due from the companies that manufacture, produce, import and/or sell recording devices and blank support systems to rightholders in order to compensate them fairly for the economic loss derived from the private reproduction of their protected works.

Such fair compensation is paid by the above-mentioned companies to SIAE (the Italian Society of Authors and Publishers).

A.F.I. manages, collects “private copying fair compensation” from SIAE and distributes it to its Members and Clients.

Private copying right for the so-called “Third-party Phonograms Producers” and relating to kiosk sales

A.F.I. distributes “private copying fair compensation” due to Phonograms Producers which have not signed a mandate with any CMO/IME as well as “private copying fair compensation” relating to sound recordings included in publications sold in kiosk and shops (i.e. CDs/DVDs sold or given for free together with newspapers and magazines).

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Synchronization rights
AFI negotiated deals and conventions with the most important Italian TV stations (including RAI and MEDIASET) which give the possibility for the phonographic producer to receive royalties from the usage of tapes with music backgrounds during TV programs (as known as “playback”).

A.F.I. allocates and distributes to its Members and Clients rights revenues in accordance with its distribution rules and depending on the type of right concerned:

  1. Neighbouring rightsPublic performance of recorded music: rights revenues are allocated and distributed on the basis of both the amount of mechanical reproduction rights (paid annually to SIAE) and analytical reports on digital usage – data provided by SIAE.
  2. Neighbouring rightsTV broadcasting – Phonograms, Videograms, Musical base/Playbacks: rights revenues are allocated and distributed on the basis of both analytical reports provided by users and information relating to repertoire and TV programmes in which such repertoire is exploited.
  3. Private copying right: rights revenues are allocated and distributed on the basis of both the amount of mechanical reproduction rights and analytical reports on digital usage – data provided by SIAE.

Thanks to a series of representation agreements with foreign collecting societies, A.F.I. manages, collects and distributes to its Members and Clients rights revenues derived from the exploitation of their Repertoire abroad. For the international collection, A.F.I. Member and Client has to mandate A.F.I. to manage and collect foreign rights revenues from the territories covered by the above-mentioned agreements.

Neighbouring rights of phonogram producers and performers are economically more relevant than ever before. Neighbouring rights are related to the so-called “secondary uses of phonograms”: uses by means of cinematography, radio and TV broadcasting, including the communication to the public by satellite, in public places, in public establishments and on the occasion of any other public use of phonograms, for profit and not for profit.

After sales of physical products declined, with the advent of the digital era the infinite potential of economic exploitation of recorded music has stressed the importance of protecting and managing neighbouring rights. Exploitation of music has truly become global in ways never before imagined through the Internet, web radios, satellite TVs, digital platforms of streaming and downloading as well as other forms of on-demand recorded music.

Thanks to long established relationships with users and foreign collecting societies, A.F.I. brings together demand and supply of recorded music, protecting the repertoires it represents, collecting and distributing to Members and Clients rights revenues derived from the exploitation of their recorded music in Italy and abroad.