Contractual Arrangements Applicable to Creators: Law and Practice of Selected Member States

15-01-2014

This report discusses the legal framework applicable to copyright contracts as well as the practices in artistic sectors. A careful revision of the copyright provisions, contractual law principles and case law in 8 Member States is presented together with a more specific analysis of a set of issues particularly relevant nowadays, such as collective bargaining, digital exploitation, imbalanced contracts, and reversion rights, among others. A set of recommendations aiming at improving the level of fairness in copyright contracts is proposed at the end of the study.

This report discusses the legal framework applicable to copyright contracts as well as the practices in artistic sectors. A careful revision of the copyright provisions, contractual law principles and case law in 8 Member States is presented together with a more specific analysis of a set of issues particularly relevant nowadays, such as collective bargaining, digital exploitation, imbalanced contracts, and reversion rights, among others. A set of recommendations aiming at improving the level of fairness in copyright contracts is proposed at the end of the study.

Parlamendiväline autor

Séverine Dusollier (CRIDS, University of Namur), Caroline Ker (CRIDS, University of Namur), Maria Iglesias (KEA – European Affairs) and Yolanda Smits (KEA – European Affairs) , National reports contributions: Séverine Dusollier (Belgium, France), Caroline Ker (Belgium, France), Maria Iglesias (Spain), Thomas Hoeren (Germany), Antonina Bakardjieva (Sweden), Anna Hammaren (Sweden), Péter Mezei (Hungary), Maciej Barczewski (Poland, assisted by Mr Michal Cieszewski) and Estelle Derclaye (United Kingdom)