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Lawyers, agency representatives, directors and producers met at a thousand roses coffee break to discuss the subject of intellectual property. One of the reasons for the introductory speech by copyright law expert Dr. Harald Karl was the fact that the European Court of Justice in its judgment of February 9th, 2012 (Luksan/ van der Let) took a position on major issues of the Austrian film copyright law and determined that an original allocation of exploitation rights of a commercially produced cinematographic work to the producer, as established by the Austrian copyright law in § 38 para 1 of the Copyright Act, is contrary to European Union law.
Dr. Harald Karl explained, among other things, that due to this decision the exploitation rights to film materials will in future no longer be originally allocated to film producers, but to the copyright owners of the film. The rights of the copyright holders must therefore be allocated to the film producers contractually and the related exploitation rights for certain types of use can be negotiated individually. Despite this, however, the film producer still has independent performance rights (motion picture rights) to a cinematographic work, so that any exploitation of the cinematographic work also still needs their approval.
For questions, please contact:
PEPELNIK & KARL Rechtsanwälte GmbH / Attorneys at law
