Directors' Copyright

In the US, directors are not generally copyright owners in their films, owing to the 'works made for hire' doctrine. 'Works made for hire' are owned by the 'hirer'; 'works made for hire' includes 'a work specially ordered or commissioned for use ... as a part of a motion picture or other audiovisual work'

In the EU, the principal director of a film or audiovisual work is recognised as an author of the work and accord him or her the associated intellectual property rights, in line with the 1992 Directive on the Rental and Lending Right and Certain Related Rights (although countries can make other parties co-authors). As a result of various directives, directors have certain 'unwaivable' rights (generally to remuneration).

The US and EU disagreements over ownership and assignment of ownership have so far prevented the conclusion of a WIPO Treaty on Audio-Visual Performances.

In Australia, directors have moral rights, and the Senate Standing Committee on Legal and Constitutional Affairs is looking at the bill introduced which would make directors owners - so that they can get a (contractually waivable) right to remuneration from retransmission of their works.

Now in Israel, a court has just recognised that directors are 'authors' of their cinematographic works.

Is everyone clear?