The general Public Registry of Cinematographic and Audiovisual Works becomes operational

As of May 21, 2021, maintenance of the Public Register of Cinematographic Works (“PRC”) entrusted to the Italian Society of Authors and Publishers (ITA “Società italiana autori ed editori”— “S.I.A.E.”—the Italian collective management organization for authors) ends for all legal purposes.

According to the Italian Copyright Law (Law No. 633/1941), the PRC was meant to guarantee enforceability of facts and information about cinematographic and audiovisual works recorded therein (including the title, authorship, name(s) of producer(s), certificates of sale, assignments, collateralization of rights to the work, and other data). The Italian Cinema and Audiovisual Law (Law No. 633/1941) called for replacing the PRC with the Public Registry of Cinematographic and Audiovisual Works (“PRCA”), owned and managed by the Cinema and Audiovisual General Directorate of the Ministry of Culture together with the Istituto Luce-Cinecittà. During the period leading up to the creation of the PRCA, authors were not allowed to record new works in the PCR, but it was possible to consult information previously recorded therein. Now that the PRCA is up and running, that will no longer be allowed.

The PRCA allows Italian producers and cinematographic and audiovisual companies to register cinematographic and audiovisual works to which they hold economic exploitation rights, as well as to file deeds, agreements, and judicial decisions concerning their rights to distribution, representation, and exploitation in Italy and abroad, in order to ensure that data filed with the PRCA is public and claims to those rights can be enforced against third parties.

The registration is mandatory for cinematographic and audiovisual works of Italian nationality that have benefited from public contributions (at both the national and the European level). The same applies for legal documents, agreements, and judicial decisions regarding rights to distribution, representation, and exploitation in Italy and abroad of cinematographic and audiovisual works, including transfers of public contributions allocated pursuant to the Italian Cinema and Audiovisual Law.

Registration in the PRCA is not mandatory for cinematographic and audiovisual works of Italian nationality that have not benefited from public contributions or funds from the European Union, nor is it mandatory for cinematographic and audiovisual works that are not of Italian nationality.

Following the digitization and transfer of all documents formerly housed in the PRC, the PRCA became operational on June 15, 2021 (accessible here—more information here).

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