Just a word on Japan.
Japanese copyright law specifically states that directors,
cinematographers, producers, art directors, etc. who contribute
creatively to the entire film are authors of that film. However, it also
states that the copyrights all of these authors devolve to the production
company when they "promise" to make that film. Certain authors like the
scriptwriter can retain other copyright, but not directors,
cinematographers, etc.
The Directors Guild of Japan has fought against this in the past, largely
to no avail. But interestingly, the way the law is written provides for
some loopholes. For instance, a court case has already declared that
copyright devolves only when the production company fulfills its promise
and uses the film. Thus the director retains copyright if the film is not
completed or if some footage is not used.
Also, Japanese law, more than US law, valorizes "jinkakuken" (literally
"personal right"), which can conceivably allow directors to sue producers
if they can argue that, for instance, the producer's act of completely
reediting the film ruins the public reputation of that director. I know
of no specific cases of this kind of action, but I have been told it is
possible.
Aaron Gerow
Associate Professor
International Student Center
Yokohama National University
79-1 Tokiwadai
Hodogaya-ku, Yokohama 240-8501
JAPAN
E-mail: [log in to unmask]
Phone: 81-45-339-3170
Fax: 81-45-339-3171
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