Примери за използване на Cinematographic work на Английски и техните преводи на Български
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Authorial status of the principal director of a cinematographic work.
Cinematographic work shall be protected as an original work. .
According to that provision, the principal director at least is the author of the cinematographic work.
The author of the cinematographic work, where his exclusive reproduction right in respect of his work under Article 2(a) of the InfoSoc Directive is affected, and.
Under those provisions, the aforementioned exclusive exploitation rights belong in principle to the author of the cinematographic work.
Under Article 2 of the Satellite and Cable Directive, the right to authorise the cinematographic work to be communicated to the public by satellite;
On the other hand,Directive 2001/29 provides no express indication as to the status of the principal director of a cinematographic work.
Likewise, Article 2(2)of Directive 2006/115 provides that the principal director of a cinematographic work is to be considered its author or one of its authors.
According to Article 2 of the Satellite andCable Directive, that right belongs to the author or authors of the cinematographic work.
In those circumstances, it is necessary, first,to determine the position of the principal director of a cinematographic work with regard to the exploitation rights governed by Directive 2001/29.
First I shall examine whether, for the purposes of the provisions of European Union law relevant to this case, the principal director of a film is to be considered to be the author of a cinematographic work(1).
The rules in Article 2(2)of that directive for determining the author of a cinematographic work are thus not pertinent, since they were adopted for that directive only.
The national court asks, first, whether the provisions of European Union law mentioned by it require that certain exclusive exploitation rights be allocated initially to the principal director of a cinematographic work.
Under those provisions,Member States may lay down a presumption that the author of a cinematographic work who has concluded a film production contract with a film producer has assigned his rental right.
First of all, Article 2 of that directive admittedly provides that authors, and thus, pursuant to Article 1(5) of the directive, also the principal director,have the exclusive right to authorise the communication to the public by satellite of the cinematographic work.
(2) The person orbody corporate whose name appears on a cinematographic work in the usual manner shall, in the absence of proof to the contrary, be presumed to be the maker of the said work. .
It follows from all the foregoing that European Union law precludes a provision of domestic law which allows the principal director of a cinematographic work to waive his right to fair compensation.
In providing that the principal director of a cinematographic work is to be considered its author or one of its authors, the European Union legislature exercised the competence of the European Union in the field of intellectual property.
It is undisputed that this documentary film, which takes a critical view of the ambivalence of war photography,constitutes a cinematographic work, protected as an original work on that basis.
However, Member States must ensurethat the principal director, as the author of the cinematographic work, receives fair compensation in recognition of the fact that his copyright is restricted by the authorisation without his consent of reproductions for private use.
Thus, it should first be examined whether European Union law precludes a provision of domestic law which allows the principal director of a cinematographic work to waive his rights to equitable remuneration.
It follows thatboth the principal director, in his capacity as author of the cinematographic work, and the producer, as the person responsible for the investment necessary for the production of that work, must be regarded as being the holders, by operation of law, of the reproduction right.
It follows from the foregoing that, with regard to all the exploitation rights at issue, including those governed by Directive 2001/29,the principal director of a cinematographic work is to be considered its author or one of its authors.
In the light of what has been found in paragraph 53 of the present judgment,the principal director of a cinematographic work must be regarded as having lawfully acquired, under European Union law, the right to own the intellectual property in that work. .
I now propose to consider whether the relevant provisions of European Union law contain a mandatory requirement on the Member States to confer the pertinent exclusive exploitation rights initially on the principal director as author of the cinematographic work.
The Commission expressly stated therein that the Term of Protection Directive determined the principal director to be author of the cinematographic work generally and to that extent effected a partial harmonisation of the concept of authorship.(16).
Article 14bis(2)(b) provides that it must be possible to make contrary or special stipulations and Article 14bis(2)(d)provides that that means any restrictive condition relevant to the contract whereby the author of the film has undertaken to bring his contribution to the production of the cinematographic work.
According to the applicant in the main proceedings,a national provision which conferred the exclusive exploitation rights in a cinematographic work on the film producer would render the provisions of European Union law meaningless.
(14) The Commission's amended proposal for a directive of 30 January 1993 therefore limited itself to the formulation subsequently reproduced- with only minor linguistic amendment- by Article 2(1)of the Term of Protection Directive under which the principal director is considered to be one of the authors of the cinematographic work and the Member States otherwise have discretion.
European Union law must be interpreted as not allowing the Member States theoption of laying down a presumption of transfer, in favour of the producer of a cinematographic work, of the right to fair compensation vesting in the principal director of that work, whether that presumption is couched in irrebuttable terms or may be departed from.