7. NORMATIVA AUDI ingles
15/10/06
00:57
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The law considers the author to be the individual that creates a literary, artistic or scientific work. Cinematographic and audiovisual works involve three different types of authorship that have to be duly registered: • The director-producer. The person that assumes the maximum responsibility and authority over the work’s artistic and technical part, from its preparation to the delivery of the first copy to the businessperson, subordinated to the production company. – The authors of the argument, adaptation, script and dialogues: • Author of the argument: The professional that creates an original work, with the immediate objective of writing the script of an audiovisual work. • Author of the adaptation or adapter: The professional that transforms an existing work to serve as the basis of a script. • Scriptwriter: The professional that, starting from a prior literary element, produces a creation that contains sufficient literary or technical elements to serve as a script, i.e. a guide in transferring the written creation into images. • Author of the dialogues: The professional that puts words to the interpretations that will make up the audiovisual work forming part of the script. • The author of the musical compositions. This is the professional entrusted with the creation or adaptation of the musical works that will be included in the audiovisual work. The musical creation is, due to its exceptional nature, the only one included in the audiovisual work that can be exploited separately. There are two types of royalties: patrimonial rights and moral rights. The former are the rights of reproduction, distribution, pubic communication and transformation. These rights are expressed in different exploitation types or formats. Moral rights refer to the recognition of the created work’s authorship and integrity; they cannot be waived and are inalienable. According to Article 14 of the Copyright Law, which specifies the content and characteristics of moral rights, the author is entitled to: 1. Decide the way his work will be distributed 2. Decide if the distribution will be done using his name, a pseudonym or anonymously 3. Demand recognition of his authorship of the work 4. Demand respect for the work’s integrity 5. Modify the work, respecting the rights of third parties, if such exist, as well as assets of cultural interest 6. Withdraw the work from the market 7. Access the only or rare copy of the work The rest of the personnel involved in the audiovisual work are not considered authors of the part corresponding to their contribution to the audiovisual work. Royalties always have to be granted expressly since, in cases of doubt, a restrictive interpretation of the granting of royalties will be made. It is advisable to do so in writing, making clear what royalties are granted, the types of exploitation, the formats, the territory and the duration of such. Royalties are generated every time that an audiovisual work is shown in a cinema or is broadcast by a television channel. Membership of a copyrights association is required in order to receive the payment of royalties. In Spain, the following are the main associations: -SGAE: “Sociedad General de Autores y Editores” -AGEDI: “Asociación de Gestión de Derechos Intelectuales”
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