Everybody knows that a thing is inexplicable until some unknowing fool comes along and explains it.

(Albert Einstein)

Soundreef and Fedez v. SIAE: is SIAE monopoly coming to an end?

Soundreef and Fedez v. SIAE: is SIAE monopoly coming to an end?

On July 19, 2017 the Court of Milan issued an injunction in favor of Soundreef, a UK based company that gathers and distributes royalties on behalf of authors and publishers, holding that artists can manage freely and choose their own representive without being force to pass through SIAE, the Italian Society of Authors and Publishers whose special role is assigned by the Italian Copyright Act, which provides that “the intermediation activity (…) is reserved on an exclusive basis to SIAE“.

In the past years Italian Courts have reiterated the legitimacy of the exclusive mandate granted to SIAE by Italian law; however, on 12 September 2014, the same Court of Milan held that the service offered by Soundreef is legitimate and does not infringe any provision of law. Soundreef, who represents many well-known Italian artists including the famous Italian rapper Fedez, sued Showbees, the organizer of recent Fedez’s concerts in Italy, for paying copyright compensation due to the artist to SIAE and not to Soundreef, as appointed mandatory of Fedez, despite his musical work are not part of SIAE’s repertoire.

According to Italian Code of Civil Procedure, Showbees has 40 days to decide whether to pay Soundreef or proceed with the appeal against the preliminary injunction.

The injunction of the Court of Milan is another contribute to diminish certain positions aimed to resist the end of the monopoly of SIAE.