Copyright and Related Rights on Cinematographic Work: Subjects Covered by the Protection of Cinematographic Work Cover Image
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Dreptul de autor şi drepturi conexe asupra operei
Copyright and Related Rights on Cinematographic Work: Subjects Covered by the Protection of Cinematographic Work

Author(s): Monica Florina Bota Moisin
Subject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: authorship in cinema law; subjects of copyright in cinema law; presumption of authorship; rights of the director; rights of the actors; Romanian Copyright Law no.8/1996; Berne Convention; EU Copyright Directive

Summary/Abstract: During the past 5 years, the Romanian film industry, as European film, has gained recognition in Cannes, Berlin, and, as paradoxically as it may sound, even in Romania. Nowadays, the world’s 7th Art has generated a business empire that cannot be conceived in the absence of a well-established legislative framework. The international tendency in law consultancy is to provide adequate guidelines for all stakeholders involved in the film-making business. As a premiere for Romania, this paper, the first in a trilogy that tackles Romanian Copyright and Neighbouring Rights in Cinema, specifically addresses the legal status of the cinematographic creation under Romanian Law no.8/1996, namely the issue of the rights and obligations a film product generates for all individuals involved in the creative process: the director, the screenplay author, the actors etc. This article analyses the understanding of the notion of authorship under Romanian Law by comparison with the provisions of the Berne Convention and those of the European Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 75-95
  • Page Count: 21
  • Language: Romanian