Contractual Relationships between Creators and Producers in the Audiovisual Sector
Ivan David, Johana Kotišová, Petr Szczepanik
This report provides the first empirically based overview of legal awareness among producers and authors in the Czech Republic, serving primarily as a point of basic orientation regarding their experiences and attitudes and as a starting point for discussion of possible solutions. The report focuses in particular on the legal awareness of individual informants in the area of legal regulation of authors’ contracts in the Czech audiovisual industry. Our primary objective was to determine the extent to which producers, creators, and script editors are—or, conversely, are not—familiar with the rights and obligations arising for them when concluding common types of contracts, whether directly from the explicit wording of contractual provisions or from statutory law. A further objective was to assess the extent to which informants consider contractual matters to be important, or whether they tend to perceive them rather as a marginal aspect of their professional practice. The informants’ practical experience with the conclusion and performance of contracts was also examined. Finally, we investigated their level of satisfaction with the current handling of these issues in the Czech Republic. The legal analysis of contractual relationships is continuously contextualized by brief descriptions of production and creative practice in the Czech media market and is complemented by a sociological commentary on the nature of creative work.
The research report was produced within the project Research on the Impact of Existing Legislation and the European Commission’s Digital Single Market (DSM) Strategy on the Czech Audiovisual Industry: Evaluation of the (Copyright) Legal System and the Preparation of Cultural Policy within the DSM, supported by the Technology Agency of the Czech Republic (Project No. TL01000306).
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Cirg - about
CIRG – the Cultural Industries Research Group focuses on research into cultural and media industries, particularly on current issues, challenges, and conflicts arising from tensions between intellectual property law, the business models of cultural industries, the digitalization and platformization of cultural sectors, and changing consumer habits. The group’s name is an acronym of its English title, Cultural Industries Research Group. CIRG is an informal association of experts from media studies, intellectual property law, media law, media ethics, cultural economics and cultural management, sociology of culture, and data analysis. The group operates on the basis of project-based funding through applied research projects (TAČR, NAKI, EEA and Norway Grants, OP JAK Intersectoral Cooperation), basic research projects (GAČR, ZIF Bielefeld, OP VVV Excellent Research, DFG), as well as contract research (State Cinematography Fund, Association of Audiovisual Producers).
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Screen Industries in Central and Eastern Europe Research Group
SIRG
Charles University
Department of Film Studies
Lab head: Petr Szczepanik
sirg@ff.cuni.cz
PhD
We offer the opportunity to pursue doctoral study focused on developing and carrying out your own research projects in the field of cultural and media industries. The programme can be undertaken at Palacký University Olomouc, Charles University, or the Prague University of Economics and Business under the supervision of leading experts in media studies, cultural economics, digital ethics, and copyright law.
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The Student Legal Clinic focuses on a wide range of legal issues, including copyright law. Supervisors overseeing the preparation of each legal opinion are always experts in the relevant field of law. The advice is provided free of charge.
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