Film copyright in the European Union / Pascal Kamina.
2016
KJE2690 .K36 2016 (Map It)
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Author
Title
Film copyright in the European Union / Pascal Kamina.
Published
Cambridge, United Kingdom : Cambridge University Press, 2016.
Copyright
©2016
Call Number
KJE2690 .K36 2016
Edition
Second edition.
ISBN
9781107120747 hardcover
1107120748 hardcover
1107120748 hardcover
Description
xxi, 535 pages ; 24 cm.
System Control No.
(OCoLC)943710296
Summary
"Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In this second edition of Film Copyright in the European Union, Pascal Kamina unravels the complexities of film protection in twenty-eight member states of the European Union, including thirteen new member states who have joined since the first edition. As well as addressing key aspects of film copyright, Pascal Kamina also deals with the protection of film works within the European Union in the context of European harmonisation of copyright laws. Including a new chapter on copyright enforcement, this second edition details the substantial developments in EU law during the last decade, including major cases for the European Court of Justice, new treaties and new directives. This book will interest practitioners, academics and students. The developments on contracts and moral rights will be of particular interest to lawyers outside continental Europe"-- Provided by publisher.
"Film Copyright in the European Union Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In this second edition of Film Copyright in the European Union, Pascal Kamina unravels the complexities of film protection in twenty-eight member states of the European Union, including thirteen new member states who have joined since the first edition"-- Provided by publisher.
"Film Copyright in the European Union Intellectual property issues in the film industry are often highly complex and in today's world are evolving rapidly. In this second edition of Film Copyright in the European Union, Pascal Kamina unravels the complexities of film protection in twenty-eight member states of the European Union, including thirteen new member states who have joined since the first edition"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references and index.
Record Appears in
Table of Contents
Foreword to the first edition
xv
Preface to the second edition
xvii
Acknowledgements
xix
List of abbreviations
xx
1.
Introduction
1
1.
European audiovisual industry in the digital age
1
2.
complex and evolving copyright framework
3
3.
challenge of mass piracy
4
4.
Structure of this book
5
5.
word on the terminology used in this book (copyright/author's right/related rights)
6
2.
History of film protection in Europe
7
6.
birth of an industry
7
Section I Early stages of copyright protection (1896-1908)
8
7.
Questions raised by 'photo-plays' and 'cinematograph films'
8
Part I National legislation before the Berlin Conference
8
8.
Films as series of photographs or dramatic works
8
9.
Early protection in the United Kingdom
9
10.
Early protection in France and countries influenced by French law
12
11.
Germany and countries influenced by German law
15
12.
Scandinavian countries
16
Part II The Berlin Conference of the Berne Convention
16
13.
Berne Convention
16
Section II The modern period: separation between copyright and authors' rights countries (1908-92)
18
14.
separation of copyright and authors' rights approaches
18
Part I The evolution of film protection in the United Kingdom and Member States of copyright tradition
19
15.
Film protection under the UK 1911 Act: indirect protection as a series of photographs and as dramatic work
19
16.
Articulation of the two protections
20
17.
subject-matter of protection under the heading of dramatic work: the distinction between script and final audiovisual work
22
18.
difficult question of film authorship under the 1911 Act
23
19.
influence of new technologies
26
20.
Infringement of films under the 1911 Act
28
21.
Influence of the 1911 Act
29
22.
1956 Act: a specific subject-matter for film protection
29
23.
Infringement of films under the 1956 Act
32
24.
1988 Act: continuation or departure from the 1956 Act?
32
25.
protection of audiovisual works as dramatic works under the 1988 Act
33
26.
Film protection in Ireland, Malta and Cyprus
34
Part II The evolution of film protection in Member States of authors' right tradition
35
27.
Overview
35
28.
evolution of film protection in France
37
29.
French Act of 11 March 1957
39
30.
French Act of 3 July 1985 and the new Intellectual Property Code
41
31.
Legislation influenced by French law
42
32.
specifics of Italian copyright
43
33.
Italian Act of 22 April 1941
43
34.
evolution of German film copyright
44
35.
German Act of 9 September 1965
46
36.
Austria
46
37.
Netherlands
47
38.
Scandinavian countries
48
39.
Other European countries
49
Section III Towards European harmonisation (1992 to the present)
50
40.
European harmonisation of copyright
50
41.
Rental, Lending and Related Rights Directive of 19 November 1992
52
42.
Satellite and Cable Directive of 27 September 1993
52
43.
Term Directive of 29 October 1993 (replaced by Directive of 12 December 2006)
53
44.
Information Society Directive of 22 May 2001
53
45.
Enforcement Directive of 30 April 2004
54
46.
Other relevant copyright directives
55
47.
National implementations of the EU copyright directives
56
48.
Further harmonisation
56
49.
Towards European Copyright Code/Unitary Right?
61
3.
Subsistence of rights
63
50.
Introduction
63
Section I The subject-matter for protection
64
51.
Determination of the subject-matter for film protection
64
52.
Definition of the subject-matter for protection at the international and regional levels
65
53.
requirement of a double protection under the EU copyright directives
67
54.
Originality under EU law
68
55.
Structure
70
Part I The audiovisual or cinematographic work
71
56.
Direct versus indirect protection
71
57.
audiovisual work in the United Kingdom and in Member States of British copyright tradition
71
58.
In the United Kingdom
71
59.
In Ireland, Malta and Cyprus
81
60.
audiovisual work in Member States of authors' right tradition
82
61.
Audiovisual works and borderline works
87
62.
Television formats
89
Part II The audiovisual recording
93
63.
Presentation
93
64.
problem raised by the double protection of audiovisual works
94
65.
related right of the film producer in the EU copyright directives
95
66.
related right of the film producer in domestic laws
96
67.
In the United Kingdom: the copyright in the 'film'
96
68.
In Ireland, Malta and Cyprus
108
69.
In Member States of author's right tradition
109
Part III The protection of contributory works
111
70.
Main underlying works in film production
111
71.
Characters
112
72.
Titles
113
Part IV Broadcasts
116
73.
Introduction
116
74.
Rome Convention of 1961
116
75.
TRIPS Agreement
117
76.
Brussels Convention of 1974
118
77.
Council of Europe
118
78.
EU copyright directives
119
79.
Protection at the national level
122
80.
In the Member States of copyright tradition
122
81.
In Member States of author's right tradition
126
Part V Protection as a database?
128
82.
Database Directive and films
128
Section II The term of copyright protection
130
83.
Term Directive and the extended duration for audiovisual works
130
84.
Unpublished films or film works
132
85.
Musical compositions with words/sound recordings
132
86.
Implementation in the United Kingdom
133
87.
Other national implementations
135
88.
War extensions
135
89.
Revived and extended rights
137
4.
Authorship and initial ownership
141
90.
Introduction
141
91.
Authorship of films in the Berne Convention
142
92.
dichotomy between copyright and author's right systems
143
93.
Determination of film co-authors
145
94.
EU copyright directives
146
95.
Structure
148
Section I Film authorship in the United Kingdom and Member States of British copyright tradition
148
96.
Introduction
148
Part I The author of the 'film' (audiovisual recording)
149
97.
Entrepreneurial authorship of films under the UK 1956 Act
149
98.
author of a film made before 1 July 1994
150
99.
co-authors of a film made on or after 1 July 1994
150
100.
film director
150
101.
film producer
151
102.
author of the 'film' in Ireland
153
103.
author of the audiovisual recording in Malta and Cyprus
153
Part II The author of the audiovisual work (as distinct from its recording)
154
104.
Cases of creative authorship of films under UK copyright law
154
105.
relevance of authorship entitlement
154
106.
importance of joint authorship rules
155
107.
Evaluation of potential claims to co-authorship in audiovisual works
156
108.
Conclusion: the co-authors of dramatic audiovisual works
164
109.
regime of joint works under UK copyright law
164
110.
author of the audiovisual work in Ireland, Malta and Cyprus
165
Section II Authorship of audiovisual works in Member States of author's right tradition
166
111.
Historical development: the difficult road to creative authorship
166
112.
rise of the film director
168
113.
Countries without a statutory list of co-authors
169
114.
Countries with a statutory list of co-authors
171
Section III Initial ownership
176
115.
Introduction
176
Part I Ownership of rights in audiovisual works
176
116.
International agreements and EU directives
176
117.
law in Member States of copyright tradition
179
118.
law in Member States of author's right tradition
181
Part II Ownership of underlying rights
182
119.
Should film producers be the initial owners of underlying rights?
182
120.
International agreements and EU directives
184
121.
law in Member States of copyright tradition
185
122.
law in Member States of author's right tradition
187
5.
Contracts and authorial rights
190
123.
Introduction
190
Section I Copyright transfers
191
124.
Scope of the study
191
125.
European harmonisation
192
126.
existence of specific regimes for copyright and film production agreements
193
127.
Transmissibility of copyright and author's right
194
128.
Divisibility of copyright
195
129.
Writing requirements
195
130.
Registration/priority of transfers
197
131.
Statutory presumptions of grant/deemed assignments
198
132.
Statutory presumptions of grant in the United Kingdom and Ireland
198
133.
presumption in France and Belgium
199
134.
presumption in other Member States
200
135.
Limitation in time
204
136.
Construction of grants/unfair clauses
204
137.
Agreements relating to future works
207
138.
Uses not contemplated at the time of the agreement
208
139.
Duty to produce or distribute the film/revocation for non-exercise
210
140.
Other obligations of the film producer
213
141.
Collective and professional agreements
213
142.
Transferability of copyright interest to a third party
218
Section II Authorial rights (including equitable remuneration)
220
143.
Introduction
220
144.
Authorial rights at the international and regional levels
220
145.
Equitable remuneration of film authors in the European Union: a first view
222
146.
Equitable remuneration in the United Kingdom and Member States of British copyright tradition
225
147.
Authorial rights in France
227
148.
Authorial rights in other Member States
230
Section III Collective licensing of film rights in Europe
235
149.
Introduction
235
150.
European law
235
151.
Collective management of film rights
240
152.
Extended collective licensing
244
6.
Exclusive rights
249
153.
Introduction
249
154.
definition of exclusive rights under national laws
250
155.
Structure
253
Section I The reproduction right
253
156.
reproduction right at the international level
253
157.
reproduction right at the European level
254
158.
reproduction of film works in the United Kingdom and Ireland
256
159.
right of reproduction in Member States of author's right tradition
257
Section II The adaptation right
258
160.
adaptation right at international and European levels
258
161.
Adaptation of 'films' and audiovisual dramatic works in the United Kingdom and Ireland
259
162.
Adaptation of film works in other Member States
263
Section III The right of communication to the public
268
163.
Introduction
268
164.
Provisions of international agreements
268
165.
right of communication to the public at the European level
269
166.
CJEU and communication to the public
273
167.
right of communication to the public in Member Sates
277
Section IV The distribution right
281
168.
International protection
281
169.
European harmonisation
282
170.
distribution of film works in Member States of the copyright tradition
284
171.
distribution of film works in authors' rights countries
286
172.
Public lending of films
288
Section V Protection of technological measures and rights-management information
289
173.
Introduction
289
174.
Protection of technological measures and rights-management information in international agreements
289
175.
European harmonisation
290
176.
Technological measures
290
177.
Rights-management information
292
178.
Conditional Access Directive of 1998
293
7.
Exemptions and limitations
294
179.
Introduction
294
180.
Copyright exemptions and limitations at the international level
295
181.
European harmonisation before the Information Society Directive
296
182.
Information Society Directive
296
183.
Orphan Works Directive
302
184.
External limitations on copyright
304
185.
Exhaustion of rights
304
186.
Competition law
306
187.
Free speech
309
188.
Other doctrines
311
189.
Structure
311
Section I The main exemptions applicable to film works
311
190.
Introduction
311
191.
Private copy
312
192.
Performance in restricted circles/free performances
317
193.
Information purpose, criticism, review and news reporting
320
194.
Parodies
321
195.
Incidental inclusion of copyright material
325
196.
Educational use
326
197.
Libraries and archives
327
198.
Network retransmissions (cable and Internet retransmissions)
328
Section II Compensation for private copying/blank tape levy
334
199.
General view/EU law
334
200.
treatment of foreign authors
336
8.
Moral rights in films
338
201.
Introduction
338
202.
Understanding the moral rights doctrine
338
203.
International and EU law aspects
340
204.
Compatibility with copyright doctrine
342
205.
Basic problems of moral rights protection in relation to films
345
206.
Structure
346
Section I Moral rights and films in the United Kingdom and Member States of the copyright tradition
347
207.
Introduction
347
Part I Entitlement to moral rights in films
347
208.
In the United Kingdom
347
209.
In Ireland, Malta and Cyprus
349
Part II Scope and regime of moral rights
349
210.
piecemeal approach to moral rights
349
211.
right of integrity
350
212.
Application to treatments of films
353
213.
right against false attribution
358
214.
right to be identified as author or director
359
215.
Consent and waiver of moral rights
362
216.
Duration of moral rights
364
217.
Transitional provisions: moral rights in old films
364
218.
preservation of other causes of action
366
Section II Moral rights and films in Member States of author's right tradition
367
219.
Introduction
367
Part I Entitlement to moral rights in films
367
220.
Film authors
367
221.
Conflict of moral rights between authors
368
222.
Moral rights for film producers
369
Part II The scope and regime of moral rights in films
370
223.
right of integrity
370
224.
Case law on the right of integrity
374
225.
right of paternity
381
226.
right of divulgation
382
227.
right of reconsideration
384
228.
Waivers and consents
384
229.
Transfer and exercise of moral rights
386
230.
duration of moral rights in films
386
231.
Preservation of other causes of action
387
9.
Performers' rights
388
232.
Introduction
388
233.
situation in the European Union before harmonisation
388
234.
European harmonisation
390
235.
Rental and Lending Directive and extension of the related right of performers
390
236.
special regime of film production contracts and the right of equitable remuneration
392
237.
Satellite and Cable Directive
392
238.
Term Directive
392
239.
Information Society Directive
393
240.
Other international instruments
393
241.
Rome Convention of 1961
394
242.
TRIPS Agreement of 1994
395
243.
WIPO Performances and Phonograms Treaty of 1996
395
244.
Beijing Treaty on Audiovisual Performances
396
245.
Implementation of the EU and international instruments
399
246.
Structure
401
Section I Performers' economic rights
401
247.
Introduction
401
248.
protected performances
402
249.
Exclusive rights
405
250.
Limitations and exemptions
408
251.
Duration
409
252.
Transfers of exclusive rights
410
253.
Recording rights and other forms of protection
414
Section II Performers' moral rights
415
254.
Introduction
415
255.
In the United Kingdom and Ireland
416
256.
In other Member States
418
257.
Conflicts between moral rights of performers and moral rights of authors
419
10.
Enforcement
421
258.
Introduction
421
Section I Jurisdiction and choice of law
422
259.
Introduction
422
260.
Jurisdiction
422
261.
Law applicable to contracts
426
262.
Law applicable to infringements
429
Section II Procedures and sanctions (general)
430
263.
Introduction: the international instruments
430
264.
Enforcement Directive
431
265.
revision of the Enforcement Directive
440
266.
Civil enforcement procedures and measures in Member States
440
267.
In the United Kingdom (England and Wales)
441
268.
In France
445
269.
Cross-border/European-wide injunctions
450
270.
Criminal sanctions
451
271.
Border measures
452
Section III Internet infringements
453
272.
Introduction
453
273.
Liability of intermediaries
453
274.
Liability of intermediaries under the e-Commerce Directive
454
275.
Injunctions against intermediaries under article 8(3) of the Information Society Directive
457
276.
Privacy and freedom of expression issues
458
277.
'Three Strikes/Naming Laws'
460
278.
Computer crime
462
11.
Protection of foreign film works
465
279.
Introduction
465
280.
Multilateral conventions in the field of copyright
466
281.
National treatment under the Berne Convention and TRIPS Agreement
467
282.
Difficulties in relation to film works
468
283.
law applicable to the definition of 'author'
469
284.
law applicable to the definition of the owner of copyright
470
285.
definition of 'publication' under the Berne Convention
472
286.
General rules applicable to related rights (national treatment)
474
287.
National treatment under the FEU Treaty
475
288.
Most-favoured-nation treatment under the TRIPS Agreement
476
289.
protection of foreign film works in domestic laws
477
290.
protection of foreign film works in the United Kingdom
477
291.
law in Member States of author's right tradition
479
292.
rule of shorter term
483
Appendices
486
Appendix 1
basic guide to the European Union
486
Appendix 2
Principal national copyright legislation
491
Appendix 3
EU copyright directives
493
Appendix 4
Status of the adherence of EU Member States to international copyright convention
495
Appendix 5
US copyright relations with EU Member States
503
Index
509