Producer, Director and Writer: Jay Silverman – Copyright

November 03, 2020 Leticia Caminero Season 1 Episode 3
Producer, Director and Writer: Jay Silverman – Copyright
Show Notes Transcript

We talk about Copyright for Filmmaking with Producer, Director, and Writer Jay Silverman. He is known for Girl on the Edge (2015), Off the Menu (2018), and his latest film, Saving Paradise (2020). 

Hello! From Washington, DC.  This is Episode 3. Today we will learn about Copyright for filmmaking and talk with a long-standing producer, director, and writer.   
Before we talk with our guest, the Producer, and director, known for Girl on the Edge (2015), Off the Menu (2018), and his latest film Saving Paradise (2020).  Let's talk about Copyright for filmmaking. In Episode 2, we already talked about Copyright in general terms. Today, we will be centered on protecting audiovisual works.  Who owns the film? The director or the Producer or the writer? The investor who financed the film? The studio?   
Here are some things you need to know about Copyright for filmmaking:  The film is protected when created or when created and fixated in a copy. Copyright registration is always encouraged to secure protection.   In a film, the author can be either the Director or the Producer, or both. Many countries split the rights.  In certain countries where moral rights are protected, the director enjoys the general moral rights over the film, the writer over its script, the designer over its designs or animations, and so on. While the Producer takes all economic rights. It is also common to see that the Producer is the one in charge of representing the other coauthors' moral rights.  From Episode 2, you may remember that moral rights are those eternal rights that provide recognition to the creator as an author or to keep his/her/their anonymity and protect the integrity of the work.   Of course, the allocation of rights can be agreed on a contract. It is not uncommon to see a producer holding all the economic rights related to the film. After all, there are often the ones taking the financial risks.   In other countries, there is also the structure of Work Made for Hire. When someone is hired to create under an employment contract or a particular contract to create, in this case, the one who usually holds the rights is the person or company that hired the creator.   The period of protection in the United States is 95 years. In the United Kingdom and the European Union is the life of the principal director and other authors plus 70 years. The Dominican Republic is 70 years from the first publication.  Please make sure to understand your national law and any contract you will be signing.  So now you know, Copyright for filmmaking protects audiovisual works. Who owns the right? Depends on the contract and the national laws.  Let’s learn from our guest about his journey of becoming a filmmaker.   
 Today we have the great pleasure of talking with a multiple award winning producer, director, and writer.   
There you have it. Thank you so much, Jay, for taking the time to answer our questions. And giving us the advice to plan long-term, prepare your production with a realistic budget, and surround yourself with the right people.
The magic of the film is the result of the hard work of its creators. And for them to enjoy the fruits of their work, they must enjoy effective copyright protection.   
And, so we come to the end of our episode. See you next Tuesday, with a new guest and a new IP topic.  

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