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Over a similar period there have been significant changes in the protection afforded to cinematographic works. Several different rights may subsist in the same fixation, e.g. film, script, background music and performing rights. The various parts of a cinematographic work cannot be disassociated without incurring the risk of derogatory treatment.

3.7.1 Scope

Photographs are defined as

‘a recording of light or other radiation on any medium on which an image is produced, and which is not part of a film’

This includes X-rays, infra-red images, holograms while the medium on which they are recorded or fixed is not specified, thus allowing for digital photographs.

While films are defined as

a recording on any medium from which a moving image may by any means be produced. (CDPA 1988).

There are a number of collecting societies representing the interests of directors, performers etc and collecting fees on behalf of their members for different uses e.g. Motion Picture Licensing Company which licenses public performances, Performing Rights Society, and Public Performance Licensing.

      • 3.7.2



          The 1911 Act protected films only as dramatic works and the underlying

script as literary works. Retrospective protection to the individual photographs within the film was granted by the 1957 Act to films pre-dating the Act. Since 1957 films have been protected in their own right.

Currently, protection is for 70 year after the death of the last survivor of the principal director, author of screen play, author of the dialogue or the composer of any music specially created for and used in the film. Photographs. The creator of photographs is usually the photographer but between 1912 and 1989 the copyright holder was the owner of the material on which it was taken.

3.7.3 Inclusion in a multimedia repository Including a commercially film purchased on a DVD or CD in a repository would be making a copy of the whole film and it is difficult to see how this could be achieved within the legal provisions. Indeed this problem is reflected in the hurdles the British Library has encountered in trying to preserve through digitisation deteriorating films in obsolete formats.

Photographs included in a multimedia repository would be copies of the whole work. In most cases they would then be infringing copies.

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