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RIDA 195 | 01-2003

Doctrine

Literary and Artistic Property Law and the Public Law of Audio-Visual Communication: Separate and Shared Preserves

MONTELS, Benjamin

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Début de l'article :

It is difficult to detect any coherence in the law governing the audio-visual sector because the relevant rules are so numerous and seem to be based on such different rationales. Thus the public law of audio-visual communication, representing a public policy of cultural steerage, and the law of literary and artistic property, reflecting a public policy of protecting authors, address similar questions but then provide different answers. Nevertheless, it seems possible to say that, contrary to the fears that have been expressed, this “interference” is not disruptive and public law has not increased its influence over literary and artistic property. On the contrary, each body of rules has kept its preserve, as can be seen in connection with the protection of audio-visual works. Moreover, if a shared preserve can now be observed, it is, if anything, public law that has drawn inspiration from literary and artistic property. Indeed, this regulatory law has, in the course of its numerous reforms, strengthened the protection of right owners. This is revealed with the limitation of commercial breaks, the “chronology of the media”, the limitation of the duration of transfers of exclusive rights and the regulation of the basis on which proportional remuneration must be calculated. Accordingly, these two sets of laws can be grouped together within one autonomous and homogeneous legal discipline which could be called the “law of the audio-visual market”.