Determining the Term of Protection for Films: When Does a Film Fall Into The Public Domain in Europe?
IRISplus 2012-2 p. 1
Amsterdam Law School Research Paper No. 2012-91
Institute for Information Law Research Paper No. 2012-49
19 Pages Posted: 15 Sep 2012 Last revised: 18 Sep 2012
Date Written: September 13, 2012
Abstract
Copyright is extremely important in the film and television sector. It is the legal basis for financial compensation for all creative work that goes into audiovisual productions and therefore for claims for remuneration for such contributions. Most claims continue after the death of the holders of such copyright and related rights and can be inherited. However, in contrast to tangible goods, intellectual property rights expire after a certain period of time, when audiovisual works enter the public domain and can be used by anyone without the need for a license, including online.
This IRIS plus examines, in relation to the various relevant scenarios, when copyright protection for films and audiovisual works ends in the European Union, one of the world’s most economically powerful audiovisual markets.
Keywords: Copyright and related rights, European copyright harmonisation, term of protection, public domain, cinematographic and audiovisual works, first fixation of a film
JEL Classification: O34
Suggested Citation: Suggested Citation