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of a film, which he cannot recover until after its sale. It is possible to know whether the producer's expectations will be fulfilled when the capital has already been invested. The scenario-writer, the cinema director, the operator, the Komponist, are the producer's necessary collaborators, but they do not share in his financial risks ; on the contrary, they are the producer's salaried employees. And everybody knows how big a salary they draw. Those who take no personal risk in the production of a film cannot claim a share in the financial results of the exploitation of the film itself, after having been already paid for their services. This at least is true when the participation of the film-producer's cooperators in the exploitation of the film is imposed by law in the form of a collective copyright .
The suggestion that the droit moral should be inserted in domestic legislations relating to copyright is based upon the idea, which finds a logical application in the Czecho-Slovakian law, that an author should be protected against the deformation or mutilation of his work as a result of its adaptation to the cinema. In so far as this principle is correct, it has long been accepted by national legislations.
In Germany, for instance, an author whose work has been deformed as a result of its adaptation to the cinema, might invoke the protection accorded by the law against illicit actions. This reason alone makes the recognition of the droit moral as a distinct principle of law altogether unnecessary. Since, however, the droit moral has been, in spite of this, inserted by the Rome International Conference of 1928 in the Berne Convention, individual countries must judge whether such an addition is necessary wherever the droit moral comes under the general protection accorded by the law.
Moreover, the film-producer would be continually exposed to the danger of being disturbed in his business transactions by claims advanced by the author on the strength of his droit moral. The participation in the financial benefits resulting from the marketing of the film under a collective copyright without any corresponding financial risk, renders the amortization of capital in
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