IMAGO’S QUESTIONNAIRE AUTHORSHIP RIGHTS

The European Federation of Cinematographers (IMAGO) represents over 2,500 cinematographers in 37 countries. Its objectives include the recognition, consolidation and strengthening of author’s rights for cinematographers throughout Europe and the world. The present questionnaire should provide an overview of the current situation of cinematographers and has to be considered as an important step to achieve Imago’s goal to launch an international campaign in favour of cinematographers author’s rights.

questionnaire

IMAGO would appreciate your answers to this important matter for cinematographers around the world. The importance of this issue is crucial to get results in benefit of the technical e artistic performance of the cinematographer.
There are occurring many changes due to new technologies that are influencing the cinematographer’s job. For IMAGO the authorship rights for cinematographers is a key factor to bring back the prestige and the deserved recognition for the cinematographer.
World Conference about Authorship Rights for Cinematographers will be held in Seville on 7th of November.
Contact Porfirio Enriques aec@aecdirfot.org 

 
Authors Rights Committee Report
The fundamental issue of concern to Cinematographers Worldwide is how to control the Image for which they are responsible after it has been captured in camera and how to participate in the income made by exploitation of the cinematographic or audiovisual work, beside earning the production fees.

In many European countries the rights of Cinematographers to be regarded legally as Co-Authors of the cinematographic or audiovisual work have been granted. In Spain the Cinematographer is now regarded as co-author of the film for reasons of encourage of cinematographic industry in the recent “Law of Cinematography”. The AEC is justifiably proud of its part in the Establishment of a New Commission to study Intellectual Property Rights. Negotiations are taking place between the President of the AEC, Porfirio Enriques and the Spanish Collecting Societies seeking a way forward in ensuring payment for those rights.

In Germany Jost Vacano BvK is fighting for the right of the Cinematographer to examine the accounts of the Production Company responsible for his acclaimed film “Das Boot”. This is not for a share of the profits, which may be manipulated at will but for a share of the revenues, gained from the exploitation of the film. The BvK, the German Society of Cinematographers has drawn up a document, which includes suggestions about the Cinematographers’ share of the revenues deriving from the exploitation of the audiovisual work. This proposal has been presented to the Producers Alliance and discussions will hopefully soon be underway leading to a ruling under German Law.

The Italians are expecting the outcome of an important Court Case in the New Year.

British cinematographers appear happy to receive their benefits from other countries and have not reported any lobbying to improve the position in the United Kingdom. The French are reluctant to upset their established arrangements. Their cinematographers can sign a participation contract granting them a slice of any profits.

The Scandinavians have as ideal a situation as exists in Europe. The Russians and several other countries in the former Soviet Block report a deteriorating remuneration since they achieved their Autonomy. The Bulgarians have full rights; The Romanians thanks to Caucescau no longer have any rights.

In short European Societies are in something of a mess. Progress is being made but is slow and fragmented
Time is running out for the fight to retain the Cinematographers control of the Image after principle shooting has taken place. Imago is suggesting a way forward would be to encourage those countries, which have already granted rights to Cinematographers (eleven in Europe) to expand that contractual obligation to include the grading period and the right to attendance at the DI. This is the area under most threat and of the greatest universal concern to cinematographers.

Imago has organised with the inspiration of the Spanish AEC a Conference on Authors Rights in Seville in early November. The findings and recommendations from this International gathering will be presented at Camerimage for further discussion which it is hoped will eventually lead to positive action through the EU.