RIDA 198 | 10-2003

Doctrine

Derivative audio-visual works

Susana NAVAS NAVARRO

Code : 198-D1
Keywords :
Employee (salaried), Assignment, transfer, Latent defect, Production, Employment (contract), Public domain, Moral rights, Respect for the integrity (right to), integrity right, Colorisation, Remake, Spin-off, Producer, Warranty against dispossession, Guarantee, audiovisual, cinematographic, composite, derivative (work), Presumption, Originality, Author, Producer

Résumé

Derivative audio-visual works raise interesting legal issues not only for copyright
law but also for contract law. These two aspects are discussed in this article. After
delimiting the concepts of <i>audio-visual work, audio-visual recording</i> and
<i>cinematographic</i> work (I.), the author focuses her attention on the contract for
the transformation of pre-existing works with a view to the production of an
audio-visual work (II.). In the Spanish legal system, this contract takes the form of a
<i>non-regulated legal transaction for the transfer of the economic right of
transformation of one or more pre-existing works created by the same or different
authors; the transfer of other economic rights of exploitation in the same works may
accompany this transfer</i>. Having a direct bearing on the derivative audio-visual
work is the moral right of integrity vesting in the author or authors of the pre-existing
works (III.) to which changes may be made provided that their substance is
respected. Lastly, the legal relationship between the producer of the audio-visual
work and the “transformer” is analysed (IV.).

Here is an excerpt from the article

II. The Contract for the Transformation of Pre-existing Works with a view to the Production of an Audio Visual W o r k

2. Characteristics of this Kind of Contract. Its Legctl Classification

(...)

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