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National legislations in regard to the fundamental question of copyright — namely, who is the author — contain widely differing provisions. The same applies to the duration of the « period of protection » in the case of autonomous film productions. In the absence of a special reference in national legislations to the period of protection of cinematograph production, the general rule relating to the duration of the protection of literary and artistic works is applicable. Special provisions exist in Poland and Russia. In the former country the term of protection in the case of cinematograph productions expires after twenty years from the creation of the film, while the period of protection extends generally for 50 years after the author's death. In Soviet Russia, under the Ordinance on Copyright of January 30, 1925,. which is to-day in force, the term of protection for cinematograph works and films extends for 10 years, this being an exception to the general duration of the protection which is 25 years from the first representation of the work. This protection, however,, is limited to national production ; the Soviet Union has not yet concluded any international agreement in regard to copyright, although negotiations to this effect are in progress.
In the Copyright Conference of 1928 no definite agreement was reached, in regard to the term of protection in the case of cinematographic productions. Attention should therefore be given to the fact that the duration of the protection of the author's rights in regard to cinematograph works will continue to be regulated in individual States by widely differing provisions.
Up to the present day in Germany copyright is duly assigned to the film-producer by contract and is valued by him. This transfer of copyright to the producer has in practice presented no difficulty. Anyhow, the German cinema industry is, and will be, opposed to the tendency favourable to the creation of a collective copyright in the film.
The following considerations may be useful to a better understanding of this point of view.
It is the film producer who bears the risk of the marketing of the film. He advances the capital required for the production
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