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RIDA 198 | 10-2003

Doctrine

Derivative audio-visual works

NAVARRO, Susana

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Début de l'article :

Derivative audio-visual works raise interesting legal issues not only for copyright law but also for contract law. These two aspects are discussed in this article. After delimiting the concepts of audio-visual work, audio-visual recording and cinematographic work (I.), the author focuses her attention on the contract for the transformation of pre-existing works with a view to the production of an audio-visual work (II.). In the Spanish legal system, this contract takes the form of a non-regulated legal transaction for the transfer of the economic right of transformation of one or more pre-existing works created by the same or different authors; the transfer of other economic rights of exploitation in the same works may accompany this transfer. Having a direct bearing on the derivative audio-visual work is the moral right of integrity vesting in the author or authors of the pre-existing works (III.) to which changes may be made provided that their substance is respected. Lastly, the legal relationship between the producer of the audio-visual work and the “transformer” is analysed (IV.).