Music Law in Italy: A Contract Guide for International Artists, Labels, and Publishers

Last updated: September 2026 — by Avv. Claudia Roggero, Rome Bar since 2003, entertainment and copyright law, DANDI.media

For international artists, labels and publishers entering the Italian market — and for Italian rightsholders dealing with foreign counterparties — four contracts define the legal architecture: the recording agreement, the publishing agreement, the 360 deal and the distribution agreement.

Each operates under Italian copyright law, which departs from common-law practice in ways that regularly catch foreign counsel out. Moral rights are inalienable and survive any assignment. Transfers must be in writing and are construed restrictively against the transferee. Rights in media that did not exist when the contract was signed do not pass by general wording. And SIAE occupies a position in the Italian market with no direct equivalent in the United States or the United Kingdom.

This guide explains the four contracts, the Italian statutory framework behind them, and the provisions that most often need renegotiating when a foreign template meets Italian law.

The two copyrights in a song

Every recorded song carries two separate copyrights, which can be owned by entirely different parties.

• Composition copyright (the “song”) — the underlying musical work: melody, harmony, lyrics. Vests initially in the composer and lyricist under Article 12 LDA, and is typically transferred to a music publisher.
• Master recording copyright (the “recording”) — the specific recorded performance and production. Vests initially in the producer of the recording under Article 78 LDA, typically the record label.

The two generate separate revenue streams and are licensed separately for different uses. A song may be recorded by dozens of artists, each generating master rights in their own recording, while publishing royalties flow to the original composer regardless of who performs it.

Nothing unusual so far — the split exists in every major market. What differs is what Italian law does with it.

What differs from common-law practice

Four features of Italian copyright law change how a music contract has to be drafted.

Moral rights are inalienable

An author cannot sell or waive moral rights. They survive the assignment of every economic right, and they pass to family and descendants on death. A US-style “waiver of moral rights” clause is unenforceable in Italy against an Italian author, and including one does not make the underlying problem go away — it simply leaves the point unaddressed.

Transfers must be in writing, and are read narrowly

Article 110 LDA requires written proof of the transfer of exploitation rights. Articles 119 and 120 LDA then require the transfer to be construed restrictively: what is not expressly granted is retained. Broad catch-all language — “all rights in all media now known or hereafter devised” — does less work in Italy than in a common-law jurisdiction.

New media do not pass by implication

Rights in forms of exploitation that did not exist at the time of contracting are not presumed transferred. This is why pre-2000 Italian catalogue contracts frequently fail to cover streaming cleanly, and why contracts drafted before 2023 rarely cover AI training at all. If you are acquiring an Italian catalogue, this is the first thing to diligence.

SIAE occupies a distinct position

SIAE collects performing rights in compositions and its permission is required for most public performances of protected works in Italy. Foreign artists and labels frequently underestimate the practical consequences: registration, membership choices, the interaction with a home society such as ASCAP, BMI, PRS, GEMA or SACEM, and the treatment of works already registered elsewhere. Getting the registration position wrong is one of the most common causes of unpaid Italian royalties.

The recording agreement

The recording agreement establishes the relationship between artist and label. The commercial terms will look familiar to anyone who has negotiated one elsewhere; the drafting requirements will not.

• Exclusivity — the artist records exclusively for the label during the term
• Term and options — an initial period, often one to three albums, plus label options
• Master ownership — traditional structures assign masters to the label; modern deals increasingly include reversion after a defined period
• Recording commitment — minimum deliveries per option period
• Recording budget — per album, with overages recouped from artist royalties
• Royalties — a percentage of net sales or streaming revenue, typically 15–25% for established artists and lower for new acts
• Advances — recoupable against future royalties
• Marketing and promotion — minimum spend commitments and tour support
• Audit rights — the artist’s right to examine the label’s royalty calculations
• Reversion and termination — the conditions on which rights return

The Italian overlay: the agreement must satisfy Articles 110, 119 and 120 LDA. In practice this means the grant of rights has to enumerate media and uses rather than rely on catch-all wording, and it means an older contract may not cover what the label assumes it covers.

The music publishing agreement

Four structures dominate, and the choice between them is the single largest variable in a songwriter’s long-term position.

Across all four, the clauses that matter are term length, reversion, advance, royalty splits, audit rights, creative control over synchronisation (writer approval for advertising or political uses), territory and dispute resolution.

For collection, SIAE handles Italian performance royalties in compositions, while direct relationships or reciprocal arrangements with foreign societies cover international income.

The 360 deal

A 360 deal consolidates multiple revenue streams under a single label or management arrangement, extending beyond recording rights to:

• Touring — a percentage of live performance income
• Merchandising — a percentage of branded merchandise sales
• Endorsement and sponsorship — a share of brand partnership income
• Publishing — where the label also acts as publisher
• Synchronisation — participation in sync licensing income
• Acting and other entertainment income — sometimes included for crossover artists

The trade is larger advances and integrated marketing against a substantial share of all artist income. It suits artists who lack independent management infrastructure and need services bundled. It disadvantages artists who could monetise specific streams better through specialists, which is why many established acts have moved back to a traditional recording deal plus separate management and publishing.

For a foreign artist signing a 360 deal in Italy, the point to examine closely is the interaction with the touring and merchandising provisions in territories outside Italy, and whether the label’s share travels with the artist worldwide or stops at the Italian market.

Distribution agreements

The distribution agreement governs how recordings reach consumers.

• Major label distribution — traditionally bundled into the recording agreement, physical and digital
• Independent distribution — The Orchard, AWAL, DistroKid, CDBaby and similar
• Distribution-only deals — the distributor handles delivery without owning masters
• Direct-to-platform — relationships directly with Spotify, Apple Music and Amazon Music, increasingly viable for established artists

Key terms: territory, exclusivity, distribution fee (commonly 10–30% for independent distribution), reporting and payment timing, audit rights and termination.

Italian framework and collecting societies

The statutory and institutional map an international counterparty needs.

The collecting bodies:

• SIAE (Società Italiana degli Autori ed Editori) — performing rights in compositions; permission required for most public performances of protected works
• Soundreef — independent collecting entity for authors’ rights, competing with SIAE since the 2017 liberalisation
• NUOVOIMAIE — performers’ related rights
• SCF (Società Consortile Fonografici) — recording producers’ related rights
• AFI (Associazione Fonografici Italiani) — industry body for recording producers

DSM rights: transparency, remuneration and revocation

Chapter 3 of Directive (EU) 2019/790, transposed into Italian law by D.Lgs. 177/2021, gives authors and performers four rights that cannot be contracted away. They apply to contracts with Italian rightsholders regardless of where the counterparty is based, and they are the provisions foreign templates most often ignore.

Article 21 adds a voluntary alternative dispute resolution route for disputes on the transparency obligation and the contract adjustment mechanism.

Why this matters commercially. Article 20 is the provision most often overlooked and most often useful: it addresses the catalogue acquired cheaply that then generates far more than anyone projected. Article 22 is the practical remedy for a recording sitting unexploited on a label’s shelf. Neither can be drafted away, and a foreign template that assumes contractual freedom on these points is simply wrong about Italian law.

AI clauses and voice protection

Contracts signed before 2023 almost never address AI, and under Italian rules on future media the silence is not resolved in the acquirer’s favour.

A current Italian music contract should deal with:

• AI training — whether recordings and compositions may be used to train AI models, with separate consent and separate compensation rather than a general grant
• Voice cloning — an express prohibition on AI-generated content using the artist’s voice without consent
• AI-assisted production — the permitted scope of AI in recording, mixing and mastering
• Synthetic content disclosure — transparency under Article 50 of the EU AI Act for AI-generated promotional material
• Identity and deepfakes — protection of vocal and image identity, drawing on Italian Law 132/2025 and Articles 96–97 LDA as extended to voice in case law

See our guide to EU AI Act compliance for creative industries.

Frequently asked questions

What is the difference between master rights and publishing rights?

Master rights cover the specific sound recording. Publishing rights cover the underlying composition — melody, harmony, lyrics. They are separate copyrights, can be owned by different parties, and generate separate revenue streams.

Can a foreign label use its standard recording agreement in Italy?

Not safely. Italian law requires the transfer of exploitation rights to be in writing and construes it restrictively, so catch-all grants do less work than in a common-law jurisdiction. Moral rights cannot be waived, and the DSM transparency, remuneration and revocation rights cannot be contracted away.

Are moral rights waivable in Italy?

No. Moral rights are inalienable, survive the assignment of all economic rights, and pass to family and descendants on death. A waiver clause drafted for a US or UK deal has no effect on this point.

Does an old Italian contract cover streaming and AI?

Often not. Rights in forms of exploitation that did not exist when the contract was made are not presumed transferred. Pre-2000 contracts frequently fail to cover streaming cleanly, and contracts drafted before 2023 rarely address AI training at all. This is the first point to check on any catalogue acquisition.

What are the DSM rights for artists in Italy?

Under Chapter 3 of Directive (EU) 2019/790, transposed by D.Lgs. 177/2021: appropriate and proportionate remuneration (Article 18), a transparency obligation on the counterparty (Article 19), a contract adjustment mechanism where the agreed remuneration proves disproportionately low (Article 20), and a right of revocation for works that are not exploited (Article 22).

Can an artist recover rights from a label that is not exploiting the recordings?

Yes. Article 22 of the DSM Directive provides a right of revocation, in whole or in part, where an exclusively licensed or transferred work is not being exploited, subject to procedural requirements and a waiting period after the contract was concluded.

Should an artist sign a 360 deal in Italy?

It depends on career stage. 360 deals suit artists who lack independent management and marketing infrastructure. Established artists usually lose more in revenue sharing than they gain in services. For a foreign artist, the point to examine is whether the label’s share of touring and merchandising extends worldwide or stops at the Italian market.

Do I need to register with SIAE if I am already with ASCAP, BMI, PRS or GEMA?

Not necessarily, but the position needs to be checked deliberately rather than assumed. Registration status, membership choices and the treatment of works already registered elsewhere determine whether Italian income actually reaches you. Getting this wrong is one of the most common causes of unpaid Italian royalties.

How is a voice protected against AI cloning under Italian law?

Through a combination: express contractual prohibition on AI use of the voice, Italian Law 132/2025, Articles 96–97 LDA on image rights as extended to voice in case law, and the transparency obligations in Article 50 of the EU AI Act. Active monitoring of AI-generated content remains necessary.

Who owns the master recording under Italian law?

The producer of the recording, under Article 78 LDA — in practice the record label, unless the contract provides otherwise. Reversion to the artist after a defined period is increasingly negotiated.

How DANDI supports music industry clients

DANDI.media acts for Italian and international artists, labels, publishers and managers:

• Recording agreements — negotiation for artists and labels, including adaptation of foreign templates to Italian requirements
• Publishing agreements — across exclusive, co-publishing, administration and single-song structures
• 360 deals — analysis and negotiation, with attention to territorial scope of ancillary shares
• Distribution — structuring and review
• DSM rights — enforcement of transparency, contract adjustment and revocation
• Catalogue diligence — whether historic contracts actually cover streaming and AI uses
• AI and voice protection — contract clauses and enforcement
• Disputes and terminations, and international rights structuring

We work in English, Italian and French.

Book an initial consultation with Avv. Claudia Roggero.

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This guide states the position at the date above. Confirm current provisions before relying on it for a specific transaction.

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