Lapas attēli

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.

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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

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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

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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

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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

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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....



See 17 U.S.C. & 24 (repealed 1976) (granting a term of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.

See 17

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

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