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. Examines the legislation of thirteen EU member states newly joined since publication of the first edition Includes a new chapter on copyright enforcement and updates chapters with the substantial developments in EU law over the last decade Describes the major developments of national laws within EU countries over the last twelve years.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Foreword to the first edition page Preface to the second edition Acknowledgements List of abbreviations 1. Introduction 2. History of film protection in Europe Section I: Early stages of copyright protection (1896–1908) Part I: National legislation before the Berlin Conference Part II: The Berlin Conference of the Berne Convention Section II: The modern period: separation between copyright and authors’ rights countries (1908–92) 18 Part I: The evolution of film protection in the United Kingdom and Member States of copyright tradition Part II: The evolution of film protection in Member States of authors’ right tradition Section III: Towards European harmonisation (1992 to the present) 3. Subsistence of rights Section I: The subject-matter for protection Part I: The audiovisual or cinematographic work Part II: The audiovisual recording Part III: The protection of contributory works Part IV: Broadcasts Part V: Protection as a database? Section II: The term of copyright protection 4. Authorship and initial ownership Section I: Film authorship in the United Kingdom and Member States of British copyright tradition Part I: The author of the ‘film’ (audiovisual recording) Part II: The author of the audiovisual work (as distinct from its recording) Section II: Authorship of audiovisual works in Member States of author’s right tradition Section III: Initial ownership Part I: Ownership of rights in audiovisual works Part II: Ownership of underlying rights 5. Contracts and authorial rights Section I: Copyright transfers Section II: Authorial rights (including equitable remuneration) Section III: Collective licensing of film rights in Europe 6. Exclusive rights Section I: The reproduction right Section II: The adaptation right Section III: The right of communication to the public Section IV: The distribution right Section V: Protection of technological measures and rights-management information 7. Exemptions and limitations Section I: The main exemptions applicable to film works Section II: Compensation for private copying/blank tape levy 8. Moral rights in films Section I: Moral rights and films in the United Kingdom and Member States of the copyright tradition Part I: Entitlement to moral rights in films Part II: Scope and regime of moral rights Section II: Moral rights and films in Member States of author’s right tradition Part I: Entitlement to moral rights in films Part II: The scope and regime of moral rights in films 9. Performers’ rights Section I: Performers’ economic rights Section II: Performers’ moral rights 10. Enforcement Section I: Jurisdiction and choice of law Section II: Procedures and sanctions (general) Section III: Internet infringements 11. Protection of foreign film works – Appendices Appendix 1: A basic guide to the European Union Appendix 2: Principal national copyright legislation Appendix 3: EU copyright directives Appendix 4: Status of the adherence of EU Member States to international copyright convention Appendix 5: US copyright relations with EU Member States Index