Audiovisual work

An audiovisual work is defined by Article L. 112-2 of the French Intellectual Property Code as a cinematographic work or any other work consisting of moving sequences of images, with or without sound. Films, television films, series, documentaries, programmes and music videos fall within this category, which is subject to a special regime of ownership, completion and contracts. It is the archetypal work of joint authorship, and the statute concentrates the rights in the hands of the producer so as to enable its exploitation.

The conditions of qualification

The qualification requires a succession of moving images, which excludes the single photograph and the slideshow of still images, and originality of the sequence, which may lie in the screenplay, the shot breakdown, the direction, the editing or the composition of the shots. Article L. 113-7 IPC presumes the following to be co-authors of an audiovisual work made in collaboration, unless proved otherwise: the author of the screenplay, the author of the adaptation, the author of the dialogue, the author of the musical compositions, with or without lyrics, specially created for the work, and the director. Where the work is based on a pre-existing work still protected, the authors of the original work are treated as authors of the new work.

Completion and integrity of the work

Article L. 121-5 IPC deems the audiovisual work completed when the final version has been settled by common agreement between the director or, where applicable, the co-authors, on the one hand, and the producer, on the other. Destroying the master of that version is prohibited, and any modification requires the consent of the persons mentioned. Transfer to another type of medium for another mode of exploitation requires prior consultation of the director. The co-authors exercise their rights only in the completed work, and Article L. 121-6 IPC allows the producer to use the contribution of a co-author who refuses to complete it or is prevented from doing so, without prejudice to that co-author’s rights. The right of integrity is therefore adjusted to take account of the weight of the investment.

The production contract and the presumption of assignment

The audiovisual production contract, governed by Articles L. 132-23 et seq. IPC, binds the producer, who takes the initiative and responsibility for making the work, to the authors. Unless otherwise agreed and without prejudice to the rights granted to the author, this contract entails assignment to the producer of the exclusive rights of exploitation in the audiovisual work, excluding the rights in the musical compositions. This presumption of assignment does not dispense with providing for separate remuneration for each mode of exploitation, in principle proportional, and with accounting to the authors at least once a year.

Key points

An audiovisual work belongs to its presumed co-authors, namely the screenwriter, adapter, dialogue writer, composer and director, but the production contract entails assignment of the rights of exploitation to the producer, music excepted, in return for remuneration for each mode of exploitation. The final version settled with the director cannot be modified without consent. Contracts should be concluded with each contributor from the development stage, and the agreement on the final version documented.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats is a patent litigation firm. Matters outside that field, such as trade marks, designs, copyright and IT contracts, are handled by practitioners the firm works with regularly, and by the firm itself when they arise in a patent dispute.

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