Dreptul de autor și drepturile conexe asupra operei cinemato¬grafice: transmiterea drepturilor de autor asupra operei cinematografice
Copyright and Related Rights over the Cinematographic Work: the Transmission of Copyright over the Cinematographic Work

Summary/Abstract: Last in a trilogy that tackles Romanian Copyright and Neighbouring Rights in Cinema, this paper specifically addresses the transmission of rights generated by cinematographic creations. The Romanian Copyright Law provides for a presumption of assignment of all patrimonial rights related to a cinematographic product in favour of the film producer. As for the moral cinema rights, typically for this category of rights recognised by the continental legal system, they are inalienable, non-assignable and perpetual. Under such circumstances, how can the co-existence of moral and patrimonial rights over the same cinematographic creation be balanced as to ensure an equitable status for all stakeholders? And what happens with a film whose producer cannot be identified and for which no entity claims any authorship rights thereof?

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