Re: European (c) in films

From: Uma Suthersanen <u.suthersanen[_at_]qmw.ac.uk>
Date: Sat, 26 Sep 1998 18:59:07 +0100

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?

The best place to start with is the EC Directive (93/98/EEC) of 20 Ocotober 1993 harmonising the term of protection of copyrights and certain related rights. Article 2(2) states that the term of protection of cinematographic or audiovisual works shall expire 70 years after the death of the last of the following persons to survive:

1. the principal director;
2. the author of the screen play;
3. the author of the dialogue; or
4. the composer of music specifically created for use in the cinematographic or audiovisual work (ie the composer of the film soundtrack).

For the complete text of the directive, see

   http://www2.echo.lu/legal/en/ipr/termprot/termprot.html

The Term Directive has been implemented in most of the major EU countries such as France, Germany, UK, Benelux region. I am unclear of the position in respect of the Mediterranean states, but this will be the ultimate position.

It must be emphasised that none of the persons above need to be actually considered or designated as co-authors of the film. Although the Term Directive specifically stipulates that the principal director of a film must be considered its author or at least, a co-author of the work (Article 2(1), this particular provision has yet to be implemented in the UK Copyright law. This area reflects the thorny demarcation between the the European civil law concept of author which embraces the director of the film as the author of a film, whereas the common law position under UK and Irish law designates the producer of the film as the author.

Uma.

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Uma Suthersanen
Lecturer in Law, Intellectual Property Law Unit, Queen Mary & Westfield College, University of London Mile End Road, London E1 4NS
Tel: 0171 377 7736
Fax: 0181 981 1359

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<u.suthersanen[_at_]qmw.ac.uk> Received on Sat Sep 26 1998 - 18:00:04 GMT