Authorship of cinematographic works and ownership of related rights: who holds the stage?

摘要

The ECJ has clarified that the rights concerning the exploitation of cinematographic works, as well as the right to fair compensation provided under the ‘private copying’ exception, vest by law, originally and directly, in the principal director; while the former may be subject to a rebuttable presumption of transfer, the latter cannot be waived or transferred. The decision hints at the necessity of achieving a fair balance between the needs of commercial productions and the protection of intellectual creators.