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Primary law of copyright contracts in the member states of the European Community : Legislative situation and suggestions for reforms / by Adolf Dietz

By: Contributor(s): Series: Études secteur culturelPublication details: Brussels : Commission of the European Communities, 1981Description: 277 pAvailable additional physical forms:
  • També disponible edició en francès, sota el títol: "Le Droit primaire des contrats d'auteur dans les etats membres de la Communauté europeenne : Situation législative et suggestions de réforme"
Summary: (...) The present study had from the very start a much more modest objective as regards the scope and depth of material to be analysed. The arrangement on which the study was based provided that it should contain (only) a description and analysis of the current state of legislation in the Member States of the European Community as regards the law of copyright contracts, an evaluation of these arrangements, and an indication of any loopholes existing in the arrangements, together with the possible reasons for such loopholes. This obviously starts from the assumption (which is also a value judgment) that all kinds of authors are more than ever dependent on special and effective protective legislation, also (and especially) in the field of the law of copyright contracts. Despite this assumption, of course, the basic question of possibilities and limits of a reasonable regulation of the law of copyright contracts will also have to be discussed. There thus arose, as a natural corollary, the question of the extent to which it is advisable to cease to rely on legislation to protect authors, and to turn instead to other means such as collective and blanket agreements, which in turn require some form of legal backing. Considerable importance attaches to this question in the course of the study and in the suggestions for reforms that it contains. The author has tried in the introductory part of the study to define first of all the relevant concepts and subject matter, and to examine in more detail the group of persons, i.e. the self-employed authors who can be compared to employed persons, to which the authors concerned belong, and which has recently attracted increasing interest both nationally and internationally. (Font: Pròleg)
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Item type Current library Call number Copy number Status Date due Barcode
Book Book Centre d' Informació i Documentació del CERC CCE 28 1 Available 1900038126

També disponible edició en francès, sota el títol: "Le Droit primaire des contrats d'auteur dans les etats membres de la Communauté europeenne : Situation législative et suggestions de réforme"

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Foreword -- Introduction -- I. Definition of the subject matter: 1. Concept of primary law of copyright contracts ; 2. Further definitions -- II. The hesitance of legislators in regulating primary law of copyright contract: 1. Arrangements to date ; 2. Possible reasons why legislators hesitate -- III. Freelance authors compared with employees: 1. The "personalisation" and "professionalisation" of the problem of the law of copyright contracts ; 2. Employee or entrepreneur? -- A. The "General Part" of the primary law of copyright contracts: I. Distinction between the "General Part" and "Special Part" of the primary law of copy right contracts ; II. The "general part" of the primary law of copyright contracts in the legislation of the individual countries -- B. The "special part" of the primary law of copyright contracts: I. General review ; II. Publishing contracts ; III. Performing contracts ; IV. Broadcasting contracts ; V. Filming and film-production contracts -- C. Alternatives to legislation: I. Inadequacy of legislation ; II. Use of regulations (Statutory Instruments, Decrees) ; III. Role of collecting societies or authors' associations as intermediaries when concluding and implementing individual copyright contracts ; IV. Collective agreements and collective copyright remuneration agreements -- D. European perspectives -- List of abbreviations and abbreviated bibliographic references (names only) used -- Notes -- Appendix. I. Recommendations concerning the Status of the Artist, adopted by the General Conference of UNESCO at its twenty-first session (Belgrade, 23 September to 28 October 1980) ; II. Copyright laws of the Member States of the European Community (extracts)

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