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

 

• Public performance of recorded music

Right to remuneration for the use for profit of the Repertoire by means of cinematography, radio and television broadcasting, including communication to the public via satellite, at public dances, in public establishments and on the occasion of any other public use of the Repertoire (Article 73 of the ICL).

Right to equitable remuneration when the public use of the Repertoire is made for non-profit purposes (Article 73-bis of the ICL)

Right to authorize the making available of the Repertoire to the public in such a way that members of the public may access it from a place and at a time individually chosen by them (Article 72 d of the ICL), as well as the right to authorize the reproduction of the Repertoire (Article 72 a of the ICL), should this be expedient to/necessary for the management of the Managed Rights;

 

• TV broadcasting – Phonograms, Videograms, Musical base/Playbacks

According to the ICL, 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

Right to fair compensation for reproductions of Phonograms and Videograms made by a natural person for private use and for ends that are neither directly or indirectly commercial (Article 71-septies of the ICL).

Against the possibility of making reproductions, a fair compensation is due from the companies that manufacture, produce, import and/or sell recording devices and blank support systems to rightsholders 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 fair compensation from SIAE and distributes it to its Members and Clients.

 

• Private copying for the so-.called “Third-party Phonogram Producers” and relating to kiosk sales.

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

 

For more information, please contact our offices.

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:

• Neighbouring rights – Public 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.
• Neighbouring rights – TV 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.
• 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/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.