Definition and Basics of Film Copyright Law
Film copyright law encompasses all legal regulations governing the protection of films as works of literature and art. It determines who qualifies as the author of a film, what rights and duties are associated with the creation and exploitation of a film, and how these rights can be protected and transferred. Film copyright law is a part of copyright law and, due to the multitude of creators involved and the complexity of cinematic works, has some special features.
Statutory Foundations
Legal Basis in Germany
The main statutory basis for film copyright law in Germany is the Copyright Act (UrhG). Sections 88 to 94 UrhG are of particular importance, as they contain specific provisions regarding films and moving pictures. In addition, general copyright regulations apply, including those on exploitation rights, limitations, and utilization rights.
International Regulations
Internationally, the protection of film works is primarily ensured by the Berne Convention for the Protection of Literary and Artistic Works as well as the TRIPS Agreement and WIPO treaties. Within the European Union, various directives—such as Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society—provide additional requirements.
The Author of the Film Work
Creators of the Film Work
According to Section 94 UrhG, a film work is a specially protected work. Pursuant to Section 65 UrhG, any person who makes a creative contribution to the creation of the work is considered an author of a film work—especially the main director, screenwriters, composers, and, where applicable, other contributors whose contributions are considered original. The technical execution (camera operators) as well as editing can also be protected under copyright law, provided a certain threshold of creativity is met.
Joint Authorship and Rights Exercise
Film works are often subject to joint authorship under Section 8 UrhG. This means that the participating authors jointly hold the rights and may only decide on the exploitation of the work together. In practice, these rights are often contractually transferred to film producers to enable unified exercise and exploitation of rights in the film.
Exploitation Rights to the Film Work
Overview of Exploitation Rights
The exploitation rights to a film work include, in particular, the right of reproduction (Section 16 UrhG), the right of distribution (Section 17 UrhG), the right of exhibition (Section 18 UrhG), and the right of public performance (Sections 19 et seq. UrhG). In addition to these classic usage rights, there are supplementary rights such as the broadcasting right and the right of making available to the public via the internet.
Transfer of Rights and Film Producer
Film authors can generally transfer their rights in whole or in part by contract or grant simple usage rights (Section 31 UrhG). The film producer is usually the holder of comprehensive usage rights, as the production contract pools the rights of all participating authors for the purpose of commercial exploitation of the film. It must always be noted that under German law, the moral rights of the author remain inalienable.
Duration and Scope of Protection
Term of Copyright Protection
For film works, the term of protection is 70 years after the death of the last surviving principal author, i.e., the main director, the screenwriter, and, if applicable, the composer of music created specifically for the film work, according to Section 65(2) UrhG. For related rights of the film producer under Section 94 UrhG, the protection period is 50 years from the date of first publication or production, whichever occurs earlier.
Scope of Protection and Limitations
The scope of protection encompasses both the economic and moral interests of the authors. Limitations to film copyright arise from the general limitations of copyright law as governed by Sections 44a et seq. UrhG (e.g., the right of quotation, private copying, reporting on current events).
Special Rights to the Film Work
Related Rights of the Film Producer
In addition to the actual copyright, the film producer has special related (neighboring) rights under Section 94 UrhG. These grant the producer of moving pictures the exclusive right to reproduce, distribute, and publicly communicate the material. This right can be asserted independently of the rights of the participating authors.
Moral Rights of Authors
The moral right of authors protects the personal relationship of the author to his or her work and includes the right to claim authorship, the right to protection from distortion, and the right of first publication. Here, too, Sections 12 to 14 UrhG are particularly relevant.
Special Features in the International Context
Harmonisation within the European Union
The EU has issued various directives to harmonise copyright and related rights, resulting in a largely convergent legal framework among member states. Companies must observe the respective national implementation in international projects.
International Recognition of Protection
Well-known multilateral agreements such as the Berne Convention ensure that a film work protected in Germany is generally also recognised and protected abroad, provided the country has acceded to the agreement.
Enforcement of Rights and Sanctions
Measures in Case of Copyright Infringement
In the event of infringements against film copyright, the rights holder is entitled to various claims, including injunctive relief, removal, and compensation for damages (Sections 97 et seq. UrhG). Enforcement generally takes place before the ordinary courts. In the case of particularly serious infringements, criminal measures under Sections 106 et seq. UrhG may also apply.
Protection of Technical Measures
To protect against unauthorised use of film works, technical protection measures such as copy protection systems are also legally recognised (Section 95a UrhG). Circumventing such measures is generally not permitted and is subject to legal sanctions.
Summary
Film copyright law is a complex area that takes account of the special requirements of cinematic works and the multitude of creative individuals involved. It protects both the creative achievements of the authors and the economic interests of the producers and is characterised by numerous special regulations. Nationally and internationally, film copyright law ensures that films as cultural and economic assets can be adequately protected and exploited.
Frequently Asked Questions
Who is considered the author of a film under film copyright law?
Under German film copyright law, pursuant to Section 88 UrhG, the film producer is generally regarded as the primary rights holder in relation to the film work. Nevertheless, several co-authors are involved in the work: These include, in addition to the film director, the screenwriter, the composer of music created specifically for the film, and sometimes also the cinematographer and other creative contributors. The significance of this co-authorship is restricted by the fact that the law usually grants the film producer special usage rights to enable commercial exploitation of the work. In practice, many copyrights are therefore often transferred to the producer under employment contracts or by special agreements, although certain inalienable rights (such as the right of attribution) generally remain with the author. The exact allocation of rights can only be determined on the basis of the relevant contractual situation and the specific contribution to the film.
What rights are included in the copyright protection of a film?
Copyright protection for a film includes both exploitation rights and moral rights of authors. The exploitation rights (Sections 15 et seq. UrhG) particularly include the right of reproduction, the right of public accessibility (e.g. streaming), the right of public performance, the right of distribution, and the right to adapt or transform the work. Additionally, from the moral rights of authors, the right of attribution (recognition of authorship) and the right to protection from distortion are significant. It is important to note that a film unites several different works (such as script, music, image) as so-called “integrated works”, so the rights to these individual components must also be considered separately.
How long does copyright protection exist for a film work?
The duration of protection for film works is governed by Section 65 UrhG. As a rule, copyright protection lasts for 70 years after the death of the longest-living principal co-author, i.e. in German law, the main director, the screenwriter, and the composer of the film score. Only after this period does the film enter the public domain and may be used without the consent of the rights holders. It should be noted that individual elements of the film, such as pieces of music, may have different protection periods if their authors do not count as co-authors within the meaning of Section 65 UrhG.
Which usage rights must be clarified for the publication of a film?
Before the publication of a film, all questions relating to usage rights must be clarified. This includes first obtaining the usage rights from all co-authors such as the screenwriter, director, and composer, unless all rights have already been transferred to the film producer under contracts (for example, contract for services or employment contract). Furthermore, rights to third-party works used (such as music, pre-existing literary or artistic works, stock footage) must be observed. Personality rights of third parties (actors, extras, depicted persons) and, where applicable, trademark and design rights to visible objects in the film must also be clarified. Publication without lawful acquisition of rights can result in claims for injunctive relief and damages.
What are typical copyright infringements in film copyright law and what are the possible consequences?
Typical copyright infringements in film law include unauthorised copying, distribution, or public performance of a film, use of protected music without a licence, publication without clearance of actors’ rights, or editing the film without the authors’ consent. Further, violations of the right to attribution or to protection against distortion of the work may constitute copyright infringements. The legal consequences vary and range from claims for removal and injunctive relief to requests for information and compensation, up to criminal penalties in cases of intentional actions. Right holders may assert claims out of court through a warning letter before taking legal action.
Can rights to a film be transferred or licensed?
Yes, rights to a film can in principle be transferred or licensed in full or in part to third parties. This often happens within the framework of production or exploitation contracts in which, for example, television broadcasters, streaming services, or distribution companies are granted the rights to broadcast, stream, reproduce, or adapt the film. A distinction is made between a simple licence and an exclusive licence: An exclusive licence grants usage rights exclusively, whereas a simple licence allows several licensees alongside each other. However, the transfer of moral rights of authors, such as the right to attribution and the right to protection from distortion, is not possible—except for a few exceptions. All transfers and licences require clear contractual arrangements.
Are there special regulations for filmmakers in the context of employment relationships?
Yes, filmmakers such as directors, screenwriters, or musicians who work as employees or on a commission basis are subject to special copyright regulations. As a rule, under German law, upon acceptance of the work by the film producer, the exclusive rights for commercial exploitation are transferred to the producer (see Section 89 UrhG). However, essential moral rights remain with the filmmaker. Regarding remuneration, certain regulations apply, such as the obligation to provide reasonable and subsequent remuneration if the work is exploited unexpectedly successfully (Section 32a UrhG, the so-called “bestseller clause”). It is advisable to set out all rights transfers and remuneration clearly in contracts to avoid later disputes.
