SIAE Penalties: What Happens if You Don't Submit the borderò
In brief:
- Failure to complete the SIAE borderò incurs penalties up to EUR 5,164
- The submission deadline is 20 days from the event date
- Delayed submission can also be penalized
- Responsibility is joint and several: the DJ and organizer are both liable
- Automating with EasyBordero (3 minutes) eliminates the risk of oversight
Penalties Prescribed by Law
The L. 633/1941 (Italian Copyright Law) provides for administrative penalties for those who fail to comply with communication obligations to SIAE (Italian Society of Authors and Publishers):
| Violation | Legal Basis | Penalty |
|---|---|---|
| Failure to complete the music program | Art. 174 L. 633/1941 | Up to EUR 5,164 |
| Event without SIAE authorization | Art. 174 L. 633/1941 | From EUR 51 to EUR 2,065 |
| False declarations in the borderò | Art. 171 L. 633/1941 | Criminal penalties |
| Recidivism | Art. 174 co. 3 | Doubled penalty |
Failure to submit the SIAE music program (borderò) can result in administrative penalties of up to EUR 5,164 per single violation. In case of recidivism, the penalty can be doubled.
Who is Responsible
Responsibility for completing the borderò is joint and several:
- The DJ or musician — as the performer, is required to provide the list of tracks played
- The event organizer — is jointly responsible for all SIAE obligations
- The venue manager — for events held at their venue
In practice, if the borderò is not completed, SIAE can seek recourse from each of the involved parties.
What Happens During an Inspection
SIAE inspectors can carry out inspections during events or retrospectively. Here's what they check:
- SIAE authorization — the event must have a valid SIAE authorization
- Music program — must have been completed and submitted within the deadlines
- Correspondence — the declared tracks must match those actually played
If an inspection reveals that the borderò has not been completed, the inspector can:
- Issue an administrative penalty
- Request immediate completion of the borderò
- In serious cases, request the suspension of the event
How to Avoid Penalties
1. Complete the borderò immediately after the event
Don't wait until the last day of the 20-day period. Complete the borderò the day after the event, when the tracklist is still fresh.
2. Automate with EasyBordero
EasyBordero reduces completion to 3 minutes:
- Export the tracklist from your DJ software
- Import into EasyBordero
- The system automatically matches the tracks
- Submit with one click
A DJ who plays 4 evening events a month and automates the borderò completely eliminates the risk of oversights and penalties.
3. Keep an event log
Maintain an event calendar with borderò submission deadlines (20 days after each event). This helps you not forget any obligations.
What to Do if You Forgot
If you have exceeded the 20-day deadline:
- Still complete the borderò — a late submission is always better than no submission
- Document the delay — keep any communication with the organizer or venue
- Do not falsify data — declaring tracks different from those played is a criminal offense
- Consult a lawyer — if you have received a penalty notice, consult a specialized lawyer
Frequently Asked Questions
How much is the SIAE fine for a missing borderò?
The penalty for failure to complete the SIAE music program can be up to EUR 5,164 per single violation, pursuant to Art. 174 of the L. 633/1941 (Italian Copyright Law). In case of recidivism, the amount can be doubled.
Can I submit the borderò late?
Yes, it is always advisable to complete the borderò even if it's late, rather than not completing it at all. The delay can still be penalized, but the penalty is generally lower than for non-completion.
Does SIAE really check borderòs?
Yes. SIAE conducts inspections both during events (through inspectors) and retrospectively (through documentary checks). Inspections are more frequent in venues with regular musical activity and during large-scale events.
If I only play royalty-free music, do I need to complete the borderò?
No. If all tracks played are royalty-free (not protected by copyright), it is not necessary to complete the SIAE music program. However, in practice, it is very rare for a DJ to play exclusively royalty-free music.
Related articles:
- Complete guide to the SIAE borderò — how to complete it step by step
- SIAE costs for DJs — fees and calculation
- How to export from Rekordbox — to automate the borderò
- How to export from Serato DJ