Introduction

This work would not be complete without an overview of the treatment of foreign film works within the European Union. The matter is simplified to a certain extent by the fact that all Member States have ratified the Berne Convention (Paris Act) and the other relevant international agreements in this field. Currently, as far as copyright protection is concerned, only a few countries remain outside these agreements, and none of the latter has a significant film industry. Accordingly, the determination of the protection of foreign film works within the European Union will in most cases imply an examination of the main international copyright agreements and of their implementation in domestic law.

There are, however, numerous gaps in these agreements, for example with respect to issues such as authorship and ownership of copyright, contracts, copyright exemptions and moral rights. And national legislators or courts may place different constructions on certain of their provisions. Also, the international protection of related rights is notoriously imperfect, in particular when it comes to audiovisual performances and videograms.

It is also worth noting that, although the existing bilateral agreements entered into by EU Member States are superseded by their adherence to the existing multilateral conventions, these bilateral agreements may convey rights not assured under the conventions, such as extended terms of protection.