Full Service Business Law Firm with offices in Latvia (Riga)
Carrington, Hall & Hamburg
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Contact Sergei Semak, Partner
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Soviet movies' case: Latvia state vs Rigas Kinostudija
http://www.tvnet.lv/online_tv/4646
The Soviet Civil Code, adopted in 1964, granted a lower level of protection than what was required by international treaties on copyright. Under the Soviet system: organisations could be considered as original authors. That approach caused a variety of problems concerning rights in television films produced by Soviet studios. The latter were treated as holders of authors’ rights. The authors’ rights of organisations had unlimited protection. These rights could be passed on either to a party in an agreement, or to the studio’s successor in cases where the movie (film) producing studio was reorganised, or to the State if a studio was liquidated. Often, however, rights to intellectual property objects had not been recorded on the company’s balance sheet of intangible assets. The reason for this was the fact that movies were produced on the basis of governmental orders. Production of works was funded from the state budget. Government authorities expected to hold all rights to the products of these studios, although according to the civil law they were not allowed to hold any proprietary (economic) rights (including intellectual property rights). Besides, according to the Code 1964 writers, composers, directors, producers, directors of photography and other authors that contributed to the movie-making process had the rights to separate use of their works: that is, to parts of the whole product.
The Soviet Civil Code, adopted in 1964, granted a lower level of protection than what was required by international treaties on copyright. Under the Soviet system: organisations could be considered as original authors. That approach caused a variety of problems concerning rights in television films produced by Soviet studios. The latter were treated as holders of authors’ rights. The authors’ rights of organisations had unlimited protection. These rights could be passed on either to a party in an agreement, or to the studio’s successor in cases where the movie (film) producing studio was reorganised, or to the State if a studio was liquidated. Often, however, rights to intellectual property objects had not been recorded on the company’s balance sheet of intangible assets. The reason for this was the fact that movies were produced on the basis of governmental orders. Production of works was funded from the state budget. Government authorities expected to hold all rights to the products of these studios, although according to the civil law they were not allowed to hold any proprietary (economic) rights (including intellectual property rights). Besides, according to the Code 1964 writers, composers, directors, producers, directors of photography and other authors that contributed to the movie-making process had the rights to separate use of their works: that is, to parts of the whole product.
