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Legal Certainty for Creative WorksFilm Law
Film Law
- Production, Exploitation, and Distribution of Films
- Legally Secure Chain of Title
- Personality Rights
Film law encompasses all legal questions related to the production, exploitation, and release of films. It is an interdisciplinary field of law that primarily combines copyright law, contract law, media law, and general personality rights. Legal aspects should be thoroughly considered during the conceptualization and planning phase of a film production. This includes clarifying usage rights, securing the production through contractual agreements with screenwriters, directors, actors, and other contributors, as well as obtaining the necessary filming permits.
A key issue is the protection of copyrighted works under the Copyright Act (UrhG). Screenplays, film music, cinematography, and the finished film are generally considered protectable works under §§ 2 ff. UrhG. A complete and documented chain of title is essential, particularly in international co-productions or when distribution via TV channels, streaming platforms, or film distributors is planned. An unclear or incomplete clarification of rights can lead to warnings, cease-and-desist claims, or damages.
Furthermore, personality rights under Art. 1 Para. 1 and Art. 2 Para. 1 of the Basic Law (GG) and §§ 22, 23 of the Art Copyright Act (KunstUrhG) must be observed—particularly when real people are depicted or interviewed. Data protection regulations according to the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG) must also be followed. Securing consent for the use of image and sound is crucial in this context.
It is advisable to seek the assistance of an experienced legal advisor specialized in media law to properly establish the legal framework, minimize risks, and ensure the legal security of creative projects.