Thus, needing cash but still wishing to preserve the integrity of his black-and-white work, a copyright owner could sell all but the right to prepare a derivative colorized version of his film. authors of the work. The authors of a joint work are coowners of copyright in the work. (b) Works Made for Hire. In the case of a work make for hire, the employer or other person for whom the work was prepared is considered the author for purposes of this title, and, unless the parties have expressly agreed otherwise in a written instrument signed by them, Owns all of the rights comprised in the copyright. (c) Contributions to Collective Works. Copyright in each separate contribution to a collective work is Id. distinct from copyright in the collective work as a whole, and vests initially in the author of the contribution. In the absence of an express transfer of the copyright or of any rights under it, the owner of copyright in the collective work is presumed to have acquired only the privilege of reproducing and distributing the contribution as part of that particular collective work, any revision of that collective work, and any later collective work in the same series. 18. While such films are few in number, some recent examples are Warren Beatty's Reds, George Lucas' Starwars films, and Roman Polanski's Knife in the Water. 19. This is not to say the economic, as opposed to "moral", ends of copyright are not served by this "work for hire" scheme. The mere fact that the film director's mise en scene is protected should ensure that he receives economic benefit from his contribution, regardless of who holds the right to enforce the copyright. Thus, a production company, assured in the knowledge that it will be able to exploit and prevent unauthorized duplication of the director's mise en scene, will be willing, at least in theory, to pay to the director the economic value of his after January 1, 1978, subsists from its creation and, except as provided by the following subsections, endures for a term consisting of the life of the author and fifty years after the author's death. (b) Joint Works. In the case of a joint work prepared by two or more authors who did not work for hire, the copyright endures for a term consisting of the life of the last surviving author and fifty years after such Id. last surviving author's death. (c) Anonymous Works, Pseudonymous Works, and Works Made for Hire. In the case of an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of seventy-five years from the year of its first publication, or a term of one hundred years from the year of its creation, whichever expires first.... 21. See 17 U.S.C. 8 24 (repealed 1976) (granting a term of protection of 28 years from initial publication or registration plus an additional 28 year renewal term). The 1976 Act recognizes continued protection for works first published and protected pursuant to the old (pre-1976) Copyright Statutes, but for no longer than the aforesaid 56 year maximum period. See 17 U.S.C. 8 304. 22. See supra note 14 and accompanying text. 23. See supra text accompanying note 8 for public domain films already available in colorized versions. 24. France, Law 57-296, Article 1, UNESCO translation. 25. Specifically, Professor Nimmer would define a film director's moral rights as encompassing: (1) attribution as the director of his work; (2) prevention of attribution of his work to another; (3) prevention of attribution with respect to work he has not in fact directed, or which is not in the form in which he created it; (4) prevention of others from altering, mutilating or deforming his works; (5) withdrawal of a published work from distribution if it no longer represents his views; and (6) prevention of others using his work or name in such a way as to reflect on his professional standing. See 2 M.Nimmer, Nimmer On Copyright 8 8.21[A], at 8-247 (1986). 26. See Sarraute, Current Theory on the Moral Right of Authors and Artists Under French Law, 16 Am. J. Comp. L. 465, 467 (1968) ("Only the author can decide whether his work corresponds |