The international medium of film poses many challenges for authors and copyright owners. So do the practices of the advertising industry. Each jurisdiction approaches these challenges differently. In a recent French decision three issues that are of interest in Australia were discussed – the copyright status of a literary or dramatic character, the use of such a persona in character merchandising, and the moral right of film directors to control the exploitation of the persona. This article examines the 2004 decision of the Paris Court of Appeal in the matter of the film “The Fifth Element”. It compares the protection offered to author and copyright owner under French law with the protection offered by Australian legislation and common law.
Field of Research
180115 Intellectual Property Law
Socio Economic Objective
970118 Expanding Knowledge in Law and Legal Studies
Every reasonable effort has been made to ensure that permission has been obtained for items included in DRO. If you believe that your rights have been infringed by this repository, please contact firstname.lastname@example.org.