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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.
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
distinct from copyright in the collective work as
whole, and vests initially in the author of the
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
examples are Warren Beatty's Reds, George Lucas' Starwars films,
and Roman Polanski's Knife in the Water.
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
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
last surviving author's death.
(c) Anonymous Works, Pseudonymous Works, and Works Made
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
See 17 U.S.C. & 24 (repealed 1976) (granting a term of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.
U.S.C. 8 304.
See supra note 14 and accompanying text.
See supra text accompanying note 8 for public domain
films already available in colorized versions.
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 : 8.21(A), at 8-247 (1986).
See Sarraute, Current Theory on the Moral Right of
Authors and Artists Under French Law, 16 Ame Comp. L 465, 467
(1968) ("Only the author can decide whether his work corresponds