8.2 SPECIAL PROVISIONS CONCERNING AUDIO – VISUAL ARTEFACTS
AUDIO – VISUAL ARTEFACTS
Audio – Visual artefacts, under this law, are cinematographic, television, documentary, animated or other films and other audiovisual works expressed in images the sequence of which gives an impression of movement, with or without sound, regardless of the carrier medium.
AUDIO – VISUAL ADAPTATION
(1) The author gives another person or persons permission to adapt a work of their authorship into an Audio – Visual artefact (audio – visual adaptation) by the means of an Audio – Visual adaptation Contract. Unless otherwise specified by the contract, the right to the audio – visual adaptation is exclusive.
(2) If the adaptation right is exclusive, the author of the adaptation withholds:
1. The exclusive right to a new Audio – Visual adaptation of the adapted work to be exercised after a period of 20 years has expired following the conclusion of the contract mentioned in the Section 1. of this Paragraph.
2. The exclusive rights to further adaptations of the Audio – Visual work in any other artistic form.
3. The right to a suitable compensation for any renting of the videogramme containing the work in question.
(3) The author may not waive the rights mentioned in the Section 2 of this Paragraph.
CO – AUTHORS OF THE AUDIO – VISUAL ARTEFACT
(1) The following are considered as co – authors of an Audio – Visual work:
1. Film Director
2. Screenplay Author
3. Dialogue Author
4. Photography Author
5. Original Music Score Author
(2) If drawing or animation is a crucial element of an Audio – Visual work, the main Drawing person or head Animator is considered co – authors as well.
(3) If any other person or persons can prove that their original intellectual contribution is a crucial element of an Audio – Visual work and that they could, under the general guidelines, be co – authors of the work, they will be recognized as such.
CONTRIBUTING AUTHORS OF THE AUDIO – VISUAL ARTEFACT
The author of the original music score, head drawers and animators not considered co-authors under the provisions of Paragraph 116 of this Law – Scene, Costume Designer, Mask, Film Cutter and other authors participating in the creation of an Audio – Visual work retain authorship of their own individual contributions (contributing authors).
AUDIO – VISUAL PRODUCTION CONTRACT
(1) Audio – Visual Production Contract defines the relationships of the Film Producer, Co – Authors of the Audio – Visual work, and the Contributing Authors, as well as the relationships of the Authors of the Audio – Visual work.
(2) Unless other contractual provisions have been made between the Film Producer and Contributing Authors, the Film Producer is considered to obtain all the property rights of Contributing Authors as pertains to the fulfillment and within the scope of the Contract.
(3) If the Co – Authors delegate their rights to rent by the Contract mentioned in section 1 of this paragraph, they retain the right to suitable compensation for the rent of the Audio – Visual work.
(4) Regardless of the provisions set forth by the Section 2 of this Paragraph, Contributing Authors retain the right to use their contributions independently if this does not infringe on the rights of the Film Producer of the work.
(5) Co – Authors may not wave the rights mentioned in the section 4 of this Paragraph.
(6) Provisions from the Paragraph 17, Paragraph 47 Section 1 and Paragraph 48 of this Law do not pertain to the Audio – Visual artefacts.
REPORTS OF COMPENSATIONS FOR AUTHORSHIP RIGHTS OVER AUDIO – VISUAL ARTEFACTS
Film Producer of an Audio – Visual work is obligated to provide Co – Authors with a report of revenues gained by each particular venue of utilization of the Audio – Visual work at least once a year.