The Foreword of the report the authors sum up:
"In film and audiovisual production and distribution, like in any other economic sector, there is legislation and then there are the realities of the market. The former provides a framework that protects the interests of the different stakeholders. The latter is reflected in individual negotiation (where bargaining power is key) and industry practices. The great number of participants in the creation and distribution of a cinematographic or audiovisual work brings a high degree of legal complexity to the negotiating table.
This publication focuses on the legal framework applying to the production and distribution of audiovisual works. It explains the key concepts of copyright and related rights, provides an overview of the international and European minimum standards of protection that intervene in the licensing process and presents the newly adopted provisions aimed at facilitating the rights clearance process. Moreover, it explores the different national rules on the aggregation of the various rights involved in the production and exploitation of film and audiovisual works and on the various forms of remuneration, discusses the principle of territoriality in copyright law and its implications for the exploitation of audiovisual works, and proposes a selection of examples from European and national case law on some of the key concepts involved in the various stages of the licensing process.
With regard to the realities of the market, in the course of drafting this publication, we had various exchanges with several industry stakeholders represented in the Advisory Committee of the European Audiovisual Observatory in order to help us identify and collect elements on existing licensing practices. It is worth noting that this publication was drafted
at the height of the COVID-19 pandemic and that this very unique situation made the work of gathering information from external sources particularly difficult. I would therefore like
to deeply thank all contributors for having provided their contribution despite the difficult circumstances: this kind of input brought great added value to our work, considering that
these very practical aspects are rarely reported on.
A special thanks goes to EUROVOD, the association of European Video on Demand platforms specialised in art-house, independent and European cinema, for sharing some of
their licensing practices in the form of case studies and contract templates for VOD rights, which are available in the Appendix to the publication. Given the importance of the topic and its continuous evolution, especially in the online field, the European Audiovisual Observatory will continue following the situation and hopefully we will be able to provide more information on industry practices in future publications.
Stay safe and enjoy your read!
Strasbourg, July 2020
Maja Cappello
IRIS Coordinator
Head of the Department for Legal Information
European Audiovisual Observatory
