In the production and exploitation of films, the role of actors is always considered a crucial element in creating artistic value and appeal. However, many people still wonder whether film actors enjoy copyright, or are only protected under a different legal mechanism. Understanding the true nature of copyright and related rights will help actors and production companies avoid confusion and better protect their legitimate rights and interests.
What is Copyright?
Copyright is the right of an organization or individual to a work they directly create or own. This is one of the important rights in the field of intellectual property, aiming to protect the creative value, both spiritual and economic, of the author or owner of the work.
According to Clause 2, Article 4 of the 2022 Intellectual Property Law: “Copyright is the right of an organization or individual to a work created or owned by them.”
Copyright arises from the moment the work is created and expressed in a certain physical form, regardless of whether the work has been registered or not. Copyright registration only serves as legal evidence in case of disputes.
In terms of content, copyright includes two basic groups of rights:
- Moral rights: linked to the honor and reputation of the author, such as the right to name the work, to use their real name or pseudonym on the work, and the right to protect the integrity of the work.
- Property rights: allowing the author or owner to exploit the economic value of the work, such as the right to copy, distribute, and communicate the work to the public, allowing others to use the work and receive remuneration or royalties.
According to Article 14 of the 2022 Intellectual Property Law, the types of works protected by copyright are diverse, including cinematographic works and works created using methods similar to cinematography. This is a crucial legal basis for considering the relationship between film actors and the rights arising from cinematographic works, including copyright and related rights.
Do film actors enjoy copyright?
According to intellectual property law, film actors are not automatically considered authors of cinematographic works. Legally, copyright is only established for individuals directly involved in the core creative activities that determine the content and form of expression of the cinematographic work. Meanwhile, actors primarily perform their roles based on the script, the director’s direction, and the overall artistic direction of the film.
In a film, the entities typically recognized by law as authors include:
- Screenwriter
- Director
- Music composer
- Cinematographer
- Art designer
- Film editor (in some cases)
Actors only perform roles based on the script and existing artistic direction; they do not directly create the film from a legal perspective regarding copyright. Therefore, film actors do not enjoy copyright rights over the film.
In rare cases, an actor may still become a copyright holder if:
- They are simultaneously the scriptwriter or co-author of the work
- They directly participate in creating the core content that determines the form of expression of the work
- There is a written agreement acknowledging their authorship
In such cases, copyright and performer rights coexist, but must be clearly proven by specific legal grounds.
How are the rights of film actors protected?
Although they do not enjoy copyright protection, film actors are still protected by law through related rights, specifically the rights of performers.
The rights of performers include: Personal rights and property rights.
Personal rights of performers:
- The right to have their name mentioned during performances
- The right to have their image, reputation, and honor protected during the exploitation of their performance
- The right to prevent others from distorting, altering, or damaging their reputation
Property rights of performers:
- The right to permit or not permit the creation, copying, or broadcasting of their performance
- The right to receive remuneration and royalties when the performance is commercially exploited
- The right to receive material benefits from the use of their image, voice, and acting
Note: These rights may be transferred or agreed upon in the contract between the actor and the film producer.
The above is an article titled “Do Film Actors Have Copyright Rights?”. Hopefully, this information will help readers understand the rights of actors correctly and fully, as well as clearly distinguish between copyright and related rights.
Sincerely,
FAQ
The author of a film usually includes the screenwriter, director, composer, cinematographer, art designer, and in some cases, the editor – those who directly create the content and form of the work.
An actor can become the copyright holder if they are simultaneously the author or co-author of the script, directly participate in creating the core content of the work, or have a written agreement clearly stating their authorship status as stipulated by law.