Organises locations, insurance, effects, etc. Hires


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Producer obtains financing (own €, private equity, hedge funds, tax incentives, product placement, pre-sale of rights, limited subsidies). Organises locations, insurance, effects, etc. Hires authors, actors, and many others. Obtains necessary clearances, rights and licenses. Takes the principal risk.

  • Producer obtains financing (own €, private equity, hedge funds, tax incentives, product placement, pre-sale of rights, limited subsidies). Organises locations, insurance, effects, etc. Hires authors, actors, and many others. Obtains necessary clearances, rights and licenses. Takes the principal risk.

  • Producer may assign copyright to a distributor or license a number of companies (e.g., by territory, by language, by category of rights).

  • Producer aims to position film in best competitive position to cover costs, pay everyone, to secure a return and make money to create new works.

  • Films released in different formats in a sequential order (windows) to get maximum return and to attract pre-financing.

  • System recognises that rights are best administered by the entity that must exploit the work in a complicated and changing environment. Producer is the one-stop shop.



In US, producer is © owner of the film. “work made for hire” + complex contracts with director, writers and actors (collective bargaining).

  • In US, producer is © owner of the film. “work made for hire” + complex contracts with director, writers and actors (collective bargaining).

  • In EU, “author” is © owner and there are multiple RHs. EU producer acquires exploitation rights via legal transfer and/or contractually.

  • Both systems consolidate rights in the producer

  • Collective bargaining agreements set economic remuneration minima, including residuals, for broad range of uses, detailed provisions on working conditions as well as some “moral” or creative rights.

  • More can be negotiated individually.

  • Upfront payments and residuals

  • Collective (or compulsory licensing) is limited in the AV sector. Distinguish collective licensing from collective administration of remuneration rights….



The supply of content to the digital platform may implicate

  • The supply of content to the digital platform may implicate

    • Reproduction, Distribution and Communication to Public Rts.
  • Uploading and storage of content on the digital platform

    • Reproduction -- VOD and EST
  • Offer to the public/transmission to the individual user

    • making available right
    • communication to the public (if stream is non-interactive)
    • EST – permanent download copy – reproduction?
    • VOD – temporary copy
  • All these are rights (protected by EU/national law) are generally acquired by producers by law and/or contract

  • What about national limitations on contractual freedom

  • Issues may arise with respect to music in film….

  • Other issues for another time: exhaustion, DRM, exceptions, interoperability, labelling and classification



Enforced directly against digital platforms in each Member State regardless of individual or collective contractual arrangements

  • Enforced directly against digital platforms in each Member State regardless of individual or collective contractual arrangements

  • A further layer of collective management. Impact on the general uptake of online distribution of AV works.

  • A vehicle for imposing solutions that risk de-stabilising financing and distribution models

  • No right holder should be forced into collective management save where permitted by int’l law (e.g., cable retransmission).

  • Could diminish the value of the right which the producer obtains by operation of law and/or contract.

  • Competition with the “free” offerings on the Internet is rendered even more difficult.

  • A limitation on an exclusive right is potentially inconsistent with international norms.






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