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Legal advice
Cineuropa and the European Copyright Institute are now offering an expert legal service
Legislation on Copyright and Neighbouring Rights governs a film from the time when it is just a concept to the time when it is commercialised. It is therefore essential to have a good grasp of all the principles and regulations which apply in this field. These regulations are complex and the issue increases in complexity because, from the beginning to the end of its life, a film is subject to different legislation, the content of which may vary from one country to another.

Whether it concerns, a national law governing a specific contract within the framework of an international co-production; a contract relating to a film’s exhibition abroad; the management of rights for special kinds of exhibition or the defence of rights when they are infringed in a foreign country, any lack of knowledge about the applicable regulations can result in considerable harm being done.

Reliable information on the subject is therefore indispensable.
However, access to this kind of information is neither easy nor fast.

For this reason, and with the purpose of helping professionals working in the film industry, in order to provide quick and effective replies to legal questions arising from transnational dealings regarding the development, production or exhibition of a film, Cineuropa and the European Copyright Institute are now offering two kinds of services which provide fast access to information against payment of a flat fee which is fixed in advance.

These are the "Initial Advice" service and the "Legal Assistance" service.
The "Initial Advice" Service
The "initial advice" service is a personalised consultation service, which provides a preliminary overview for any person or company with a problem concerning Copyright and Neighbouring Rights in Europe.

This service covers legislation in the 27 European Union member countries, as well as in Iceland, Norway and Switzerland.
This service is the first of its kind.
It aims to provide professionals in the film industry with the preliminary information they need to direct further action or to appreciate the opportunity to request further assistance from the Institute or from an expert in the country, in which that they are interested. This service also quickly provides simple answers to simple questions.

All questions should be submitted in writing to Cineuropa - Legal service via email (caruso@cineuropa.org) or fax (+ 32 2 539 40 44). All answers will also be provided in writing.
Questions should be no more than ten lines long, and may be written in French, English, German, Italian or Spanish. Answers will be given in French or English, as indicated in the request.

Each answer will be given by an expert on Copyright and Neighbouring Rights. The name of the expert will be provided and it will be possible to communicate directly with him/her.

The flat fee for this service is as follows:
  • for authors and authors' associations: €150 per question
  • for professionals in other categories: €250 per question
These prices do not include VAT.

Some examples of questions which meet the "initial advice" concept.
  • Is a precise fact (to be described) likely to involve the cancellation of a contract for the assignment of rights in a certain European country (to be stipulated)? How should the procedure be initiated?
  • Is there a time limit within which a producer must produce and commercialise a film?
  • What is the import of a legal term (to be stipulated) in a contract which is subject to the law of a certain country (to be stipulated)?
  • Can a fact (to be described) be the basis for prosecution in a certain country (to be stipulated); what kind of procedure should be initiated?
  • Which law should be applied to a contract in which none of the parties have chosen the applicable law?
  • What kind of rights does the legislation in a certain country (to be stipulated) recognise vis à vis a certain kind of contributor (to be stipulated) to the creation of a work?
  • Does a specific action (to be stipulated) carried out in a certain country (to be stipulated), constitute a breach of the author's moral rights in that country?
The "Legal Assistance" Service
The legal assistance service covers the following areas:
  • help with negotiating and drawing up contracts;
  • critical analysis or advice relating to existing contracts or projects of contracts;
  • transnational research relating to one or more points of law;
  • opinions and advice regarding legislation in European countries which are not covered by the Initial Advice service.
The legal assistance service provides, for each case, a personalised package of proposals which contains a description of all the steps to be taken, as well as a firm, definite quotation.
The European Copyright Institute
The European Copyright Institute is a scientific non-profit organisation whose aim is the study of Copyright in Europe. The Institute is a meeting place for professionals concerned with Copyright, specialist lawyers and academia.

The Institute achieves its aims by taking part in important debates on the question of Copyright; by gathering and studying legislation, jurisprudence and doctrine from all European countries; by studying, in association with specialist partners, market developments and economic activity in areas involving Copyright; by giving rise to and publishing studies and research; by organising seminars and discussion workshops; by pooling its members' experiences and keeping them abreast of new developments.

The Institute has developed unique databases on legislation, jurisprudence and doctrine at European level. Its legislation database has been published in French—as a loose-leaf reference book and on CD-ROM—under the title of "Droit d'Auteur et Droit Voisins en Europe". This database covers eighteen countries and all European directives and regulations, as well as all international treaties concerning Copyright and Neighbouring Rights.

The head office of the European Copyright Institute is located at 59 avenue Everard, 1190 Brussels. It can be reached via telephone (+32 2 345 90 94), or fax (+32 2 344 57 80), or email (ieda@skynet.be).

The Institute is lead by Michel Gyory and Suzanne Capiau.

Michel Gyory (michel.gyory@skynet.be), the Secretary General of the Institute, has been a lawyer at the Brussels Bar since 1977. He is an expert on Copyright Law, which he practices in several European languages. He is lecturer at Liège University and an expert for the European Commission, as well as for various international organisations. He has written numerous publications and holds conferences in various European countries on a regular basis.

Suzanne Capiau (suzanne.capiau@skynet.be), who is the Director of the Institute, is a lawyer at the Brussels Bar. She is an expert on Copyright Law and a lecturer at the Université Libre in Brussels and at Metz University. She is an expert for the European Council and for various other international organisations. She has written numerous publications and holds conferences in various European countries on a regular basis.
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