CALL FOR FIAF 2013 | Autorský zákon

přidáno: 28.4.2013

CALL FOR INTRODUCTION OF QUALITY STANDARDS REGARDING DIGITISATION OF FILM HERITAGE AND FILMS PRODUCED DIGITALLY TO PREVENT VIOLATIONS OF AUTHORS RIGHTS

BY THIS DOCUMENT IMAGO ASKS FOR FIAF’S SUPPORT OF THE IMAGO INITIATIVE - DECLARATION OF DRA - MADE DURING THE GENERAL ASSEMBLY IN BARCELONA HELD IN APRIL 2013

About IMAGO: IMAGO represents professional cinematographers from member organisations across Europe (32 European members) and also from around the world (15 non-European associated members). Some of IMAGO’s principle aims are to defend and promote the economic and moral author’s rights of cinematographers, especially in the digital age and to encourage the long-term preservation of cultural heritage and make this available to the public.

The IMAGO General Assembly held in Brussels on 16 February 2013 emphasized that audio-visual creators should be directly involved in the process of the digitisation of film heritage and the control of quality of current digital originated movies. So far, EC studies have concentrated mostly on the fact of a lack of standardization of audio visual data and a lack of availability of AV content across Europe. But studies have failed to consider the fact that in a numerous cases the “alleged” preservation of heritage might be considered as “falsification” (to quote Luciano Barriatúa, from the Spanish Filmoteca in Madrid at the 69th FIAF Congress in Barcelona).

Cinematographers are, together with other creators, involved in film production, co-authors of the films and this is why they are automatically deemed to own economic and moral author’s rights. Of course, in most cases they have previously transferred their economic author’s rights to third parties, but their moral author’s rights, i.e. to claim the integrity of their creative contribution, are unwaivable, and the legal protection of moral author’s rights is not limited in time in many EU countries. Therefore, there is even a legal basis to claim involvement in the digitisation of film heritage.

Until now, archivists have had to work in complete isolation, without any assistance from representatives from creators involved in the production of films. IMAGO believes that expert groups, composed of representatives of restorers, creators involved in audio visual productions, producers, etc. should promote a standard of quality in the digitisation of such. Only this “certificate” can guarantee that future generations will be able to enjoy a “real and authentic” film heritage.

For this reason IMAGO kindly requests FIAF to support the IMAGO Declaration of the DRA and consider it as the basis for a mutual statement by European film authors and archivist associations which could be officially proposed to the European Committee to be incorporated into the Directive for preserving films in digital format and allowing access to such. We are convinced that this will help us with other legislative actions in the future (EC, UNESCO,...). Through the process of normal evolution, one may expect an extension, deletion or modification to this document will occur.

We also kindly ask FIAF to build up cooperation with IMAGO by nominating the contact persons to work with IMAGO’s technical and authorship committees.

Thank you in advance for your kind understanding and consideration.

Best regards,

Marek Jicha

contact person IMAGO to collaboration with FIAF

(Czech Republic, Evropska 674/156, Prague 6, 16000) IMAGO,

European Federation of Cinematographers