Legal encyclopedia. The letter a

AUDIOVISUAL WORK

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A work consisting of a fixed series of related frames (with or without accompaniment by sound) intended for visual and auditory (if accompanied by sound) perception through appropriate technical devices (Article 4 of the Law on Copyright and Neighboring Rights).

Audio-visual works include cinematographic works and all works expressed by means similar to them (for example, television and video films, slide films), regardless of the way they were initially or later fixed.

The copyright to audiovisual works is fixed in art. 13 of the Law on Copyright and Related Rights.

Audiovisual work is created by the creative efforts of a large number of people. Moreover, the audiovisual work

Usually includes works by various authors who do not take direct part in creating an audiovisual work.

Thus, the authors of the audiovisual

The works are:

1) the director-director;

2) script writer (screenwriter);

3) the author of a musical work (with or without text), specially created for this audiovisual work (composer).

Such works can contain several works, which are included in them as an integral part, which can exist independently of it.

Other works used in the audiovisual work, on the other hand, can be created only in the process of working on it and, therefore, exist only in indissoluble connection with the work.

Audiovisual work should be considered an indivisible object, so between its authors there are relations of inseparable co-authorship.

Co-authorship on the basis of Art. 10 of the Law recognizes the creation of a joint work

Creative work of two or more persons. Copyright in co-authorship belongs to coauthors, regardless of whether such work constitutes one inseparable whole or consists of parts, each of which has an independent meaning.

The right to use the work as a whole belongs to the co-authors jointly.

As indicated above, the audiovisual work of the co-authors forms one inseparable whole. In this case, none of the co-authors has the right, without sufficient grounds, to prohibit the use of

Works.

The law establishes the right of authors to conclude an agreement with the manufacturer for the creation of an audiovisual work.

Manufacturer of audiovisual

Works are recognized by a physical or legal person who took the initiative and responsibility for the production of such a work.

The contract concluded by the authors with the manufacturer entails the transfer by the authors of this work to the producer of the audiovisual work of exclusive rights to reproduction, distribution, public

Performance, cable message to the public, broadcast or any other public announcement of an audiovisual work, as well as to subtitling and duplicating the text of an audiovisual work. However, the author's agreement may provide that all of the above rights or some of them remain with the authors of the work.

The law establishes the right of the author of a musical work used in an audiovisual work to receive remuneration in public performance.

The producer of an audiovisual work shall have the right to indicate his name or name in any use of this work, or to require such instruction (paragraph 2 of Article 13 of the Law).