Re: European (c) in films

Timothy Phillips <hrothgar[_at_]telepath.com> wrote:
>
> Euro-friends! (and anyone else who may know the answer):
>
> What is the term of copyright for films -- motion pictures -- in
> each of the different countries of the E.U.? Or where can I look
> it up?

First it is necessary to remember that most of the european countries (at least civil law countries) often if not always have a moral right component. In France author's moral rights are perpetual article L. 121-1 CPI)

So far as patrimonial/economic rights ("dorits patrimoniaux) are concerned the general principal is contained in the EU directive 93/98 dated 29 October 1993:

It is author's life plus 70 years.

This shall in principle apply to films.

However, it may exist some specific rules for certain kind of works such as work of joint authorship (oeuvre de collaboration) and collective work (oeuvre collective). As far as works of joint authorship are concerned, the particularity resides in the calculation of the the duration. The rule is that you take into account the date of the death of the latest living creator to determine the point of departure of the 70 years. (article L. 123.2 CPI) Audiovisual works (films) are deemed to be work of joint authorship (and it is an irrbutable presumption). Thus the specific rule thereabove metioned applies to films.

It is different in other european countries, like in England where the point of departure of the delay is the time of first publication of the work.

Therefore, eventhough a general duration principle applies in Europe it is important to consider each Member States'copyright law.

Alan Ragueneau
raguenea[_at_]student.law.ucla.edu
Master in Intellectual Property ( Nantes - France) LLM in Intellectual Property (UCLA - 1998/1999) Received on Fri Sep 25 1998 - 16:18:13 GMT