L'adaptabilité du droit d'auteur à l'évolution du financement du cinéma

Abstract : The theme for this research originated in the realization that there is an intimate link between the author's rights and the financing of a feature film. Indeed, the "delegate" producer, as guarantor of the completion and delivery of the film, passes on to its partners the consents necessary for the exploitation of the film in consideration for the contributions which insure the financial structuring of such film. The co-producers, distributors, broadcasters and other exploitants are thus, so many industrial and business partners, rights holders and financial contributors to the film. To the issue of the financing of a budget must be added that of the cash flow. The fund providers usually limit their risks to the distribution of the film and do not intend to take on a production risk. Using credit is consequently a fundamental aspect of the financing of the film. In that context, intellectual property constitutes the principal form of asset to substantiate the securities and the means of payment of the film industry. The author's rights is thus the cause and subject matter of the great legal and financial structures of the film industry. From that realization, this research ambitions to / aspires to study the ability of the author's right to divide to form a sort of proprietary right fit for the financing of the films while insuring an efficient protection of the authors of cinematographic works. The complexity of such ubiquity resides in the opposing forces of the set functions of the author's rights: the artistic integrity of the work derives from the preservation of the creator and dictates a personal vision of the author's right. The constraints of the financial production of the film impose to protect the producer's mission and are grounded on a proprietary vision of the author's rights. In reality the French author's rights is above all an ensemble of moral, intellectual, financial features sanctioned by the public order of the protection of the author. The balance between the protection of the author and the producer remains to be found. The agreement, as an anticipation tool, is one of its instruments.
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Cédric Monnerie. L'adaptabilité du droit d'auteur à l'évolution du financement du cinéma. Droit. Université Nancy 2, 2010. Français. ⟨NNT : 2010NAN20009⟩. ⟨tel-01752880⟩

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