The legal classification of audiovisual works and its impact on determining authors' rights

Abstract

This study examines the legal qualification of audiovisual works as composite works that raise multiple jurisprudential and legislative issues, particularly regarding their classification as joint works, collective works, derivative works, or works made for hire. The significance of this qualification lies in its direct impact on determining the rights holders, the scope of protection afforded to them, its duration, as well as the distribution of economic and moral rights among authors, producers, and commissioning parties. The study also reveals the divergent positions of comparative legislation in regulating these works, ranging from approaches that apply general rules in the absence of explicit texts, to other approaches that provide a more balanced regulation ensuring better protection of rights. The study concludes that the composite nature of audiovisual works necessitates a flexible legal reading that takes into account the multiplicity of creative contributions and ensures fair distribution of rights among the various parties.

The results of this study demonstrate that the legal nature of audiovisual works is complex and multifaceted, and cannot be reduced to a single, rigid legal description. The analysis proves that this type of work represents a unique intersection of diverse intellectual, artistic, and technical efforts, all culminating in the final product. The study reveals that legal classification—whether a joint, collective, derivative, or even commissioned work—is not merely a formal classification process, but rather the cornerstone that clearly defines the identity of rights holders, the scope and duration of protection, and even extends to the nature of the contractual relationship between authors and producers.