When we are faced with an audiovisual production , we must take into account the main rights that come into play.The most important rights that exist are the following:
- Assignment of rights: the rights are assigned. The assignment is, for practical purposes, like a rental, and in no case can they be sold, since it would mean a renunciation of authorship of a work, which is impossible. When making a film, all rights are transferred to the producer. If the transfer deadline does not appear in the contract of each of the artists, it will be automatically estimated at 5 years.
- Audiovisual work versus audiovisual recording: in audiovisual work there are copyrights. In the audiovisual recording, such authorship is not recognized, such as, for example, the realization of a football match or news broadcast.
- Audiovisual property law: in which we can find collaborative works or collective works, two different concepts. In the first, the work of each author can be identified individually, while in the second modality it is not.
- Author’s rights: the authors have the following rights over the audiovisual work:
- Moral right: the author’s ability to defend the integrity of his work. When the author dies, these rights pass to the heirs.
- Property or exploitation law:these are the rights in which the author will transfer them in a contract to a production company. An author can assign or renounce this economic rights, and therefore, they can be valued pecuniary. These exploitation rights are the following:
- Right of reproduction
- Right of distribution
- Right of public communication
- Right of transformation
- Private copy remuneration right: refers to the physical act of making a private copy for a non-profit purpose, such as recording a movie for television. For example, when we buy a Blu-Ray recorder, or any video or recording device, a fee for this right is implicit in the price of the same.
