Film law

Film law is part of copyright law. It regulates the legal relationship between the parties involved and with third parties. In order to open up the possibility of commercial exploitation of the film, questions of use must first be clarified. For this purpose, it is advisable to conclude written contracts between the parties involved.

This question is easy to answer for an Instagram clip in which you filmed a seagull flying. However, it becomes more difficult the more people are involved in the production of a film. What about, for example, if you film a friend dancing? Or a feature film with a whole team of director, actors, cameraman, sound engineer, editor, costume designer, set designer, etc.?

The assessment of authorship depends on the individual case. It must be checked whether the individual involved has made a personal creative contribution. In principle, authorship is assumed to lie with the director, as he is significantly involved in the overall composition. The producer is also an author as the person economically responsible. Film actors are generally not authors, unless they also act as co-directors. For the other participants, it depends on the extent to which they make an independent creative contribution. Even if their contributions are not creative, their recording can enjoy copyright protection. In this case, the author is the person who controls the content and organization of the project as a whole.

So if you film a friend dancing, it depends largely on which of you, or whether you both, had the idea for this film and who planned the stylistic implementation.

As the author, you have the extensive exploitation rights to your film. In particular, these are the following rights under film law.

The right to lecture, perform and present

The broadcasting right

The right of reproduction by means of image or sound recordings

You can grant these rights as usage rights in the form of licenses to third parties, e.g. television broadcasters. For this purpose, it is recommended that you put the license agreement in writing. We are happy to assist you with this.

If someone violates one of the above rights without your consent, you have several claims against the infringer. You can assert these by issuing a warning to the infringer. The warning must be formulated very precisely in order to be effective, which is why it is advisable to seek legal advice for this. We would be happy to help you draft a warning.

You have various claims that you can assert within the framework of the warning. These include claims for injunctive relief, information, damages and reimbursement of the warning costs.

As a screenwriter, you also have copyright to it. Depending on the details, even the synopsis can enjoy copyright protection. This means that you have the right to exploit it.

If you use someone else’s script or another existing work, such as a novel, as a template for your film, you must obtain the usage rights from the author or creator of the original work. This takes the form of a license agreement. This way you are not committing a violation of law. We are happy to help you draw up a suitable contract.

If images of people are used in the film, care must be taken to ensure that the filmed person’s right to their own image is not violated. For this purpose, it is advisable to obtain written consent from the actor in advance, in which he grants you unrestricted rights to use the film material.

As a person, you not only have constitutionally guaranteed personal rights, but above all a right to your own image. This is why you cannot simply use recordings that show people. This is only possible if and to the extent that the person being filmed grants you rights of use. Anyone who is careless here often loses out in the event of a dispute. In order to avoid disputes, it is important to make clear, legally secure arrangements from the outset about who is entitled to which rights. As the author of the film, it is advisable to secure exclusive, full rights of use. We would be happy to help you draw up the perfect contract for you.

Copyright usage rights in film law describe the way in which certain recordings can be used and published by those involved or third parties. Various aspects play a role in usage rights, which must be specifically defined.

WHAT: Type and extent of the recordings

If the recordings or film are already available, they must be attached to the contract as an appendix.

WHAT FOR: Specific planned use

This can be, for example, for the creation of a specific film and its subsequent publication. It must also be determined whether sub-licenses may be granted or whether the film author should be granted the right to subsequently publish the finished film.

HOW LONG: Duration of use

WO: Spatial distribution area