Intellectual Property Law

Intellectual Property Rights on Films

By IBLS Editor

Further to the report written for the Internet Business Law Studies 14/Nov/07 regarding Copyright releases as they affect film and movie producers and companies.

I have a client whose house and garden was used in a full length feature film some 50 years ago. He has no knowledge of any location contract or release existing for the use of the property in the said film.

Obviously the various statutes and acts of limitation render any claim null and void by the passage of time. However, the various recent amendments to the copyright laws seem to give protection to my client inasmuch as any new distribution, broadcast, projection, or copy or storage system is deemed to be a new publication and it appears that the limitation clock starts again from that point.

The film in question would have undoubtedly been made on 35mm film stock which was in use in the 1950's and 60's for production purposes. After the original release it is likely that the film was sub titled or dubbed for overseas use, and possibly re-titled, all of which I believe constitute new publications.

During the 70's and 80's films were transferred to various sizes and styles of video tape, by the turn of the century tape was being superseded by DVD, which is now being overtaken by hard drives, and soon, fibre optic distribution and projection. Each of these methods of usage and/or storage probably constitutes a new infringement of my client's copyright.

The new amendments to the copyright laws now include penalties for secondary infringers, "soft" targets, the label makers, the box producers, the wholesalers, retailers, distributors and of course broadcasters.

The swingeing penalties being imposed by the courts, swayed no doubt by lobbyists working on behalf of the major players in the entertainments industry, are unfortunate, but possibly these large companies have overstretched themselves in their attempt to obtain larger profits and now have the possibility of action being taken against themselves by those whose copyright they themselves are probably infringing.

I look forward to any opinions that may be forthcoming,

Best wishes, and compliments on an interesting site,

Bernard Wallace.

Full post as published by IBLS Internet Law Blog on May 17, 2009 (boomark / email).