3 ms·

I'm not sure about US, but in many places a part of copyright that cannot be given away is the right to be publicly named as an author of the work (in particula

by robryk 10y ago

I'm not sure about US, but in many places a part of copyright that cannot be given away is the right to be publicly named as an author of the work (in particular, the right to prevent other people being falsely named as authors of the work in public). If this is the case in US, I wonder what would happen if an uncredited author of a screenplay would use that to protest the claim made in the credits that she wasn't an author of that screenplay.

nikcub 10y ago
Studios are paranoid about copyright because of lawsuits. I can't imagine anybody contributing to a project without a screenplay purchase, spec agreement or work-for-hire contract that would explicitly set out copyright assignment.
jccooper 10y ago
That's part of the basket of "moral rights" that originated in Germany and France. In the US, the tradition of being able to sell (or commission) exclusive rights is seen as mostly incompatible with obligatory attribution. There is an exception for, essentially, studio visual art: https://en.wikipedia.org/wiki/Visual_Artists_Rights_Act https://en.wikipedia.org/wiki/Visual_Artists_Rights_Act and there appears to be some interest in extending it to other works. Other moral rights (like false attribution) are covered in the US outside of copyright law, such as via slander/libel or false advertising or tort.
- Pulcinella 10y ago
  Yes. The US signed the Berne Convention. Signatories to the convention must recognize Moral Rights. In practice the US's protection of moral rights are much weaker than other countries. There is VARA for statues, paintings, and certain photographs. For everything else the US just says, "no we totally protect moral rights under already existing laws. Believe us."[1] [1]http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1239&context=iplj http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=123...

by robryk 10y ago

nikcub 10y ago

Studios are paranoid about copyright because of lawsuits. I can't imagine anybody contributing to a project without a screenplay purchase, spec agreement or work-for-hire contract that would explicitly set out copyright assignment.

jccooper 10y ago

That's part of the basket of "moral rights" that originated in Germany and France. In the US, the tradition of being able to sell (or commission) exclusive rights is seen as mostly incompatible with obligatory attribution. There is an exception for, essentially, studio visual art: https://en.wikipedia.org/wiki/Visual_Artists_Rights_Act https://en.wikipedia.org/wiki/Visual_Artists_Rights_Act and there appears to be some interest in extending it to other works. Other moral rights (like false attribution) are covered in the US outside of copyright law, such as via slander/libel or false advertising or tort.

Pulcinella 10y ago
Yes. The US signed the Berne Convention. Signatories to the convention must recognize Moral Rights. In practice the US's protection of moral rights are much weaker than other countries. There is VARA for statues, paintings, and certain photographs. For everything else the US just says, "no we totally protect moral rights under already existing laws. Believe us."[1] [1]http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1239&context=iplj http://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=123...