Software registration in Italy is usually requested at the SIAE register and is not compulsory, though strongly recommended.
Registering the software at the SIAE in Italy is particularly convenient so as to have the definite starting date from which claiming copyright loyalties. The types of deposit vary according to whether the program has been published or not. In the first case the registration can be done at the software’s public register; whilst in the second instance it can be done as a standard deposit of unpublished work.
Software’s public register
In the software’s Public Register, established at the OLAF section for literary works and figurative arts at the SIAE, can be registered all published software with creative features, meaning more innovative compared with existing programs. To proceed with the registration the following must be supplied:
- a copy of the program on optical support or similar;
- a declaration indicative of the program’s title, the author’s name, name and address of the rights’ owner, publication’s date and place;
- a detailed program’s description comprehensive of every useful element for its identification:
- registration’s request compiled on the specific form 349 provided by the SIAE.
Should the publication have been published through distribution of supports or packages with labels or title pages, two of these specimens with indications corresponding to those on the declaration, must also be supplied. The SIAE gives to the programs a progressive number and registration’s date and releases to the owner a registration’s certificate.
Worthiness of the siae deposit
Unless conflicting evidence is provided, the registration at the Public Register of software, testifies the program’s existence and it identifies the author of it. The data input in the computer are public and can be consulted by whoever requests it. The SIAE releases certified copies and extracts of everything deposited except for the copy of the program, which is not to be seen. Since the registration is optional, the register does not furnish a complete list of the published programs. The Register can also include the total or partial transferral of the economic rights, i.e. the deeds representing rights of life tenancy or guarantee, such as the division or partnership deeds. For the procedure it is necessary to supply the original or the certified copy of the private contract with the signatures certified by a notary, the form 346 provided by the SIAE, duly compiled and receipt of the fee payment. On this site an on-line service is available for the costs evaluation, it is totally free of charge and it allows having an approximate estimate of the expense necessary for the deposit.