Profile
Rights of Film Directors and Actors
Situation in Europe
Copyright and neighboring rights (performing artists) are traditionally more developed in Europe than in the United States. The US has never signed the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 (“Rome Convention”). It is for this reason that the level of protection and the opportunity to receive remuneration for certain uses of works is higher in Europe.
Film Directors
All European copyright laws acknowledge film directors as authors. The Berne Convention which the US has recently joined is based on the principle of national treatment. This means that US film directors enjoy protection in Europe and are entitled to receive remunerations to the same extent as European directors. Although US law tends to concentrate all rights in a film in the person of the producer., European laws or collecting societies there do not always accept that and grant rights to US directors to the same extent as to their European counterparts. If the film which is directed by a US directors is produced or coproduced by an European company, the film is considered to be of European origin with all the benefits attached to that. The rights of a deceased director are owned by his heirs.
Consequence: A US film director should have his rights represented in Europe.
Film Actors
According to the legal definition this is a person who acts in films or on television in which capacity whatsoever (comedian, show star, singer, solonist). Since there is no reciprocity or national treatment for this group, their rights depend on the fact if they have acted in films with European producers or coproducers. If so, they are entitled to receive remunerations for certain uses of their works. The rights of a deceased actor are owned by his heirs. Once the US joins the Rome Convention of a similar instrument, the situation for actors will be the same for directors. They will no longer be restricted to European productions.
Consequence: A US actor who has performed in European productions should have his rights represented in Europe.
Certain Uses
Reference was made to “certain uses” of works that might generate income for directors and actors. This does not include primary uses such as TV-broadcasts, theatrical performances or home video. Possible sources of income are secondary uses such as cable-TV, blank tape levy or public screen. In these cases, persons that have no contractual relations with the producer or distributor of the film (i.e., cable-TV operators, importers of video cassettes, restaurant owners) pay license fees to collecting societies who distribute them to audiovisual authors and actors. For this reason, the director’s and actors‘ right to receive money is not linked to existing contracts with the producer.
Consequence: Increasingly sophisticated European copyright laws open up new sources of revenues which can be tapped by US directors and actors regardless of their contracts with producers.
Representation
Licencing and collection of royalties is done exclusively by collecting societies similar to ASCAP and BMI in the US who deal with music rights. This collective administration of rights makes it impossible for the individual director or actor to collect these remunerations. They have to be represented by a collecting society in the audiovisual field. They sign a mandate with one of these societies. There are such collecting societies in several European countries including Austria where VDFS works.
Consequence: Representation by a collecting society in the audiovisual field is required to gain access to such revenues.
VDFS
VDFS is a collecting society in the audiovisual field which operates in Austria under Austrian law. It has received its Government Licence to operate on May 17, 1993 and works under the supervision of the Ministry of Culture and Education and the Ministry of Justice. It has concluded contracts of mutual representation with sister societies in France, England, Holland, Germany, Switzerland, Hungary, Slovenia, Slovakia, Estonia and Japan. This enables its members to receive royalties if their works are used in these countries.
Consequence: VDFS ist a licenced organisation under Austrian Government control with extensive international relations.
VDFS Conditions
By signing a mandate with VDFS (“Authorization”), the director or actor has the assurance that his works will be controlled by this society for certain uses and that he will receive the income generated by these uses internationally. He pays no membership or other fees to VDFS which covers its costs by deducting a commission (upper limit 15%) of the sums it collects. This means that the director or actor will have nothing to pay if no use of his works is registered. If there is income from its use, he will receive at least 85% of that.
Consequence: VDFS is a reasonable choice to consider for collecting money for copyright uses in Europe.