INTERNATIONAL LEGAL STUDY ON IMPLEMENTING AN UNWAIVABLE RIGHT OF AUDIOVISUAL AUTHORS TO OBTAIN EQUITABLE REMUNERATION FOR THE EXPLOITATION OF THEIR WORKS Study updated – May 2018
Submitted by Prof. Raquel Xalabarder
Intellectual Property Chair – Universitat Oberta de Catalunya (UOC), Barcelona.
authors of audiovisual works are granted exclusive rights to exploit their works. however, they rarely obtain equitable remuneration for the entire exploitation.
despite international consensus that authors deserve to be fairly remunerated for the exploitation of their works, audiovisual authors seldom receive remuneration in the form of royalties or other proportional payments along the entire chain of exploitation. this is especially true in regards to new markets for online exploitation that, despite growing rapidly, do not generate additional remuneration for audiovisual authors.
audiovisual authors’ remuneration depends largely on the contracts signed with the producer and these contracts fail to secure them an equitable remuneration for the entire chain of exploitation of their works.
Signed before the audiovisual work is created, production contracts tend to convey a full transfer of exploitation rights in favour of producers, typically in exchange for a buy-out or lump-sum that also covers commissioning the authors’ contribution. follow up payments, along the exploitation of the work, are rarely agreed upon in production contracts. this ultimately deprives audiovisual authors of equitable remuneration in all markets of exploitation of their works…