Film author according to law in droit d`auteur system and copyright system Cover Image

Autor flmowy według przepisów prawa w systemach droit d’auteur i copyright. Zarys problematyki
Film author according to law in droit d`auteur system and copyright system

Author(s): Bolesław Racięski
Subject(s): Ethics / Practical Philosophy, Film / Cinema / Cinematography
Published by: Uniwersytet Adama Mickiewicza
Keywords: Film author; copyright; droit d`auteur; film production;

Summary/Abstract: The aim of the article is to outline the key issues surrounding legal notions of film authorship. For scholars interested in studying the process of production it is extremely important to analyze the status and scope of power of its participants as well as their position in the hierarchy – one of the main sources of privileges is the fact of being recognized by the law as the author of the work produced. The article depicts the benefits of such situation, but its main aim is to describe the legal rules of granting the status of the author. Outlined are the issues emerged from the two radically different legal system – European droit d`auteur tradition and american copyright. The first one honors the artists while the other focuses mostly on providing the certainty of the economics, so the actual authors of the work are not that important. The paper points to the fact that – especially in the case of american copyright – the actual (determined by law) situation of a creator may differ significantly from the character of their contribution to the process of producing a film. Analysis of the rules and principles of the law is essential to the understanding of the structural determinants of film production and deserves no less attention than social, political and economic factors.

  • Issue Year: 13/2013
  • Issue No: 22
  • Page Range: 45-57
  • Page Count: 13
  • Language: Polish