CONTRACTUL DE ADAPTARE AUDIOVIZUALĂ DIN PERSPECTIVA CODULUI CIVIL ÎN VIGOARE
Adaptation of audiovisual contract in terms of the Civil Code in force
Author(s): Bujorel FloreaSubject(s): Law, Constitution, Jurisprudence
Published by: Asociaţia Ştiinţifică de Dreptul Proprietăţii Intelectuale
Keywords: Preexistent work opera; audiovisual work; audiovisual adaptation; assignor author; producer; audiovisual transformation; audiovisual inclusion; emancipation of the minor author; panscanning, letterboxing.
Summary/Abstract: The study of the contract of audiovisual adaptation has been imposed for multiple reasons. Firstly, as no contract of transfer agreement of the author’s patrimonial rights, which includes also the contract of audiovisual adaptation, does not have its own regulation in the Civil Code (Law no. 287/2009). Consequently, the current article deals also with the problem of the incidence of the norms of common law on the analyzed contract. Secondly, the research was also determined by the fact that in the Law no. 8/1996 regarding the author’s rights and the associated rights this type of contract was allocated a laconic regulation, i.e. only in a single article of law. Thirdly, the discussion of this topic was necessary as the norms dedicated to the contract of audiovisual adaptation included in the special Law are not clearly, fluently and comprehensively enough formulated, presenting quite a few faults lacunae and even imprecision, which the author highlighted, sometimes under the form of de lege ferenda proposals.
Journal: Revista Română de Dreptul Proprietăţii Intelectuale
- Issue Year: 2013
- Issue No: 01
- Page Range: 66-82
- Page Count: 17
- Language: Romanian
- Content File-PDF