The refusal to deal is not related rights forces us to recognize more of SCF recalled that the Director of SCF several times in various public occasions and still currently with movies on the net, we have taken opposing positions in organizations also considered close to us to affirm that right,
surprising fact that the Commercial Department of SCF does not intend to recognize AssoDeejay, formerly entitled the Agreement on the Work with Copies SIAE, to a negotiating table established by law, to establish an agreement between the parrti regulatory fee due even knowing that this attitude is contrary to the interests of producers.
The paradox is that, we, like the other associations we believe, intend to implement this law, of course following the rules dictated by the law 633 / 41 (Copyright Act) and then with an agreement between representatives of the parties as a result of a negotiation, in the absence of legislative decree that shows the quantification of the compensation due, but we are unable to correct a lack of willingness to negotiation by SCF, which also claims to represent 100% of the producers.
E ' Perhaps the interpretation of the definition of negotiation which is not subject to the Directorate of SCF?
appartiniene Or the same definition to a concept of tax SCF?
should be clarified in the meantime, that our industry has already closed an important game with the license agreement for the SIAE / DJ for copyright which is showing impressive results, highlighting the willingness of operators DJ to practice within the law and rules, but an agreement was reached after a long negotiation, suffered, discussed in the legislation and the economic one, which saw an experiment involving some players that we have made provision for obtaining a result optimal, is still subject to adjustment, then we do not explain the reasons for which the SCF pretenderenbbe messy and a unilateral solution.
If the same decision had been implemented by the SCF, by providing for a real negotiation table for all persons entitled, today we could easily calling all DJs to come into compliance.
The decision not to recognize our Association requires us to work for a unilateral license, valued on the basis of equality between the value of copyright and the related rights, following the operative part of the previously mentioned legislation on copyright, and not because we think less important than the producer to the authors or publishers.
We then equip yourself with a license that may be issued as AssoDeejay to our members, with the assumption that they had "fulfilled the payment of related rights."
can not therefore be higher than verbal or seizure of a criminal for not paying the "Related Rights", although we have repeatedly stated that failure payment can not give way in complaints to that effect, but even more that in mind, if he had never before been possible significance, today is definitely gone.
From the perspective of the civil license that may be issued to our members state that the "Right of Producers" was performed by a single DJ, related rights and the consideration paid was paid on a C / C interest free, available to producers who will demand and demonstrate that he has acquired the rights to, demonstrate the effective use of its production by the single operator DJ, then not recognizing the most representative of SCF.
We give way with the press with whom we informed of the above, even the Presidency of the Italian Competition Authority to which we sent to our further knowledge available to the hypothesis that recognize the sole negotiating table, convened by the Authority itself, if and when all organizations having title, including SCF and SIAE AFI (Italian Association of Phonographic Producers), their acceptance of the validity for the understanding that the license agreement for rights relating to completion of the one already in place and defined for the copyright.
The fees already paid to that point on C / C by AssoDeejay Associates, will be available to all claimants, pointing out that any payment made to the SCF is not only way to prove that he fulfilled all the rights, in that this is only part of the rights holders, and anyone the days later, also by individual producers are not members of the Consortium, may be eligible to apply for a new and additional charges.
Mario Di Gioia - National President
AssoDeejay - National Association Deejay
Region Poggi 48 17031 - Leca d'Albenga (SV)
Tel: 2002 320627372-347 3414704
Fax: 02 700534868
e-mail: info@assodeejay.it - \u200b\u200bpresidente@assodeejay.it
Site: http://www.assodeejay.it
Tax Code 91564530151
_________________________________________________________________ Dear
. the Commercial Department
SCF "SCF President
Milan office
pc and Dr. Antonio Catricalà
President AGCM
ROME
Dear Dr. Paolella / Gent. President Lupica
We see in the footnote just received as a result of our November 12 last, the Commercial Director Dr. Paolella, we think, writes representing also the Lupica President and for the SCF, which seems much more concerned about the public image of the consortium rather than to protect the interests of producers associated with it.
We take note, to reiterate what has been said many times, that is, our willingness to acknowledge the right of producers in compliance with Law 633 / 41, pointing out however that we are not in condition to fulfill, because of the position taken against us by the Commercial Department of SCF, but never an official statement from the president.
We have repeatedly demonstrated our willingness to reach a collective agreement with the Consortium and other organizations SCF titled to the protection of such rights, more commonly referred to as " Related Rights. "
We have always been but at the same time demanded respect for the law on the requirement of a "negotiation between the parties, in the absence of the decree Ministerial definition of compensation to be paid to producers, always stress that our willingness to deal, but forced to take note of the evidence, even from this last communication, the refusal by SCF to accept the rules of the "negotiation" that require an evaluation and a final agreement on the proposals of one and dell'alltra part.
The position taken by SCF however, there appears to be the attempt, already denounced it publicly as outlined by Dr. Paolella, as a means to impose a "dominant position "and not, as stated in the legislation, to search for an agreement between the parties.
Maybe that our public denunciation prevents the successful conclusion of negotiations that, first of all ensure producers for its consideration that otherwise will be sought in court for any single user entity that carries out professional DJ, engaging the civil law courts, for compensation of small-scale?
hope that SCF does not consider the possibility of unilaterally deciding conclusion is consistent with the interests of one and the other party.
If this is officially claim the legitimacy of our position as AssoDeejay, that in compliance with Law 633/41, waits for the Ministerial Decree definition of rules that govern the legal compensation for producers, not recognizing and then no more representation in SCF Even non-compliance with the provisions of antitrust law.
Italian producers will also for Associates Assodeejay, on an interest-bearing checking account specifically set up for the amount of the guarantee fee, which we consider fair in 50% of the approved SIAE license copies for work, available to individual producers who demonstrate the qualifications for receipts above refer to the evidence of use of the files used by DJ copy our members.
The fees above, otherwise, will be distributed following devices of Judges deem that motivated the actions of individual producers who demonstrate, at the hearing, the real utilization of its production, or, on appeal also motivated Organizations that try such use by individuals Assodeejay Associates, to the extent indicated above, appropriate, as required by the spirit of the law 633/41, LDA.
However, proof of our sense of responsibility and willingness to overcome issues that appear more political than substantive, we remain available for the opening of a negotiating table that, starting from the mutual recognition of representation, demonstrates the willingness of SCF to achieve a positive outcome from a deal that on the same level of legitimacy, without exceptions or attempted abuse of power, and SCF AssoDeejay table, which we believe will be hosted by President Antitrust at which we send to this knowledge.
also transmit this to the President of AFI against producers also have associated with it the same rules as above.
So you had your opportunity for knowledge, but will remain pending further evidence.
The occasion we are pleased to send my most cordial greetings.
Mario Di Gioia - National President
AssoDeejay - National Association Deejay
Region Poggi 48 17031 - Leca d'Albenga (SV)
Tel: 2002 320627372-347 3414704 Fax
: 02 700534868
e-mail: info@assodeejay.it - \u200b\u200bpresidente@assodeejay.it
Site: http://www.assodeejay.it
Tax Code 91564530151
________________________________________________________________
Dear dr. Di Gioia,
in reference to his communication of 12 November to inform you that today's meeting is not intended to yet another discussion on license DJ, but the finalization of the (too) long process that began two years ago with DJ associations, including Assodeejay.
His association has not been invited to this final stage because of the positions expressed by you at its meeting on March 19 last, during which she has publicly distanced himself from the method and the substance of ongoing negotiations. This position was subsequently reaffirmed by you via e-mail us on April 6, with whom he communicated the decision not to participate at the negotiation Assodeejay of April 9, 2010, during which - these other associations representing the category - the scheme of licensing DJ took almost final form in accordance with the guidelines that emerged during the meeting of 19 March. Only need for technical and organizational did not allow the formalization of the agreements. Neither
the fact that you state the general availability of Assodeejay recognition of the right to negotiate and change the framework outlined above. In fact, the issue today is not to check the availability of the participants in a negotiation, but finalize "that" negotiations on which his association with the documents made public during these months, has not only failed to express critical opinions.
Let me be clear, we do not want to put here in question the legitimacy of the opinions expressed by Assodeejay. We believe it is equally legitimate groups of DJs and record producers to conclude the tour started and shared broadly without being forced to turn back the clocks for repurposing content and controversy that the negotiation table has been left behind by time.
also on behalf of President Lupica express the hope that record producers can start as soon as possible a fruitful collaboration with Assodeejay.
Best regards.
Sergio Paolella
________________________________________________________________
CA Dr. Xavier Lupica
President SCF
"Dr. Sergio Paolella
Sales SCF
Lupica Dear President, Dear Dr. Paolella
; We learn of the SCF initiative aimed at reaching agreement for the issuance of a license for the collective protection of the rights issue related to the DJ.
We must emphasize regrets the strangeness of behavior will not be invited to see that the table Nosrati Association, which already holds a license with three other signed and agreed with the SIAE for the protection of copyright.
If this attitude is due to our location, already expressed at the last meeting at the headquarters of SCF, just in the start-examination of the proposal made by us and not considered suitable to the interests of both parties, we have to stress again that we are open to negotiation, because we recognize in principle the value of the right of producers of Law 633 LDA, but must be negotiated and not be assumed that attitude determined by a monopolistic dominance of the SCF which boasts to have the right to tax.
We therefore have the right to participate the discussion in the meeting which we were informed on 24 November next, as included in the agreement signed with the SIAE copyright, that art. Paragraphs 7 to 7 / 1 7 / 2 7 / 3 provides the explicit exclusion of protection of related rights and rights of performers to which SCF is responsible for the division as required by law to the new Imai.
Nevertheless allows us the right to consider proposals that will be submitted for review and have the right to treat economic and regulatory terms that would be inserted to in the latter.
emphasize that the impediment to the possibility of negotiation would allow us to appeal to the competent authorities, to allow members to AssoDeejay already hold a license issued by SIAE, be eonerati from compliance with any agreement entered into without the consent of our Association.
therefore remain on hold for a match, for the invitation to participate in the discussion and negotiation which, we reiterate, we believe should start from a position of rights of producers but also the rights of DJ, which is representative AssoDeejay numerical and political importance at the national level.
We take this opportunity to send best regards.
Mario Di Gioia - National President
AssoDeejay - National Association Deejay
Region Poggi 48 17031 - Leca d'Albenga (SV)
Tel: 2002 320627372-347 3414704 Fax
: 0182 700534868
e-mail: info@assodeejay.it - \u200b\u200bpresidente@assodeejay.it
Site: http://www.assodeejay.it
Tax Code 91564530151
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