{"title":"Is the Script of a Television Programme the Crux of Being a Legal Performer?","authors":"ConcepciÓn Saiz GarcÍa","doi":"10.1093/grurint/ikad092","DOIUrl":null,"url":null,"abstract":"Abstract Last January, the Spanish Supreme Court dismissed the appeal brought against a judgment of the Madrid Provincial Court rejecting the status of ‘actor’ of one of the characters who, together with the announcer, regularly took part in one of the most famous television quiz shows in Spain during the 1990s: ‘Cifras y Letras’. This was a person who acted as an expert teacher of letters whose role consisted basically in constructing long words of nine letters in response to the answers given by the contestants, conversing with them in a very natural and fluent manner on the basis of the script and the informative help which he was given at the time of the production. The inadmissibility of the appeal lodged by ‘the professor’ deprives us of knowing, for the first time, how the concept of performer in Spanish intellectual property law should be interpreted, and even, enjoying all the requirements of an autonomous concept of European Union law, of knowing what the interpretation of the CJEU would be. However, by giving finality to the Audiencia’s judgment, it provides us with the opportunity to delve deeper into this concept by analysing the legal requirements that the artist and her performance must meet. Considering that a protectable performance gives rise to the neighbouring right including the right to receive an equitable remuneration of compulsory collective management for the public communication of the recording containing her performance, clarifying which performances are protected becomes crucial for the proper functioning of the system.","PeriodicalId":487734,"journal":{"name":"GRUR international","volume":"11 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"GRUR international","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/grurint/ikad092","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
Abstract Last January, the Spanish Supreme Court dismissed the appeal brought against a judgment of the Madrid Provincial Court rejecting the status of ‘actor’ of one of the characters who, together with the announcer, regularly took part in one of the most famous television quiz shows in Spain during the 1990s: ‘Cifras y Letras’. This was a person who acted as an expert teacher of letters whose role consisted basically in constructing long words of nine letters in response to the answers given by the contestants, conversing with them in a very natural and fluent manner on the basis of the script and the informative help which he was given at the time of the production. The inadmissibility of the appeal lodged by ‘the professor’ deprives us of knowing, for the first time, how the concept of performer in Spanish intellectual property law should be interpreted, and even, enjoying all the requirements of an autonomous concept of European Union law, of knowing what the interpretation of the CJEU would be. However, by giving finality to the Audiencia’s judgment, it provides us with the opportunity to delve deeper into this concept by analysing the legal requirements that the artist and her performance must meet. Considering that a protectable performance gives rise to the neighbouring right including the right to receive an equitable remuneration of compulsory collective management for the public communication of the recording containing her performance, clarifying which performances are protected becomes crucial for the proper functioning of the system.
去年1月,西班牙最高法院驳回了针对马德里省法院判决的上诉,该判决拒绝了其中一个角色的“演员”身份,该角色与播音员一起定期参加20世纪90年代西班牙最著名的电视智力竞赛节目之一:“Cifras y Letras”。这是一个扮演字母专家老师的人,他的角色基本上包括根据参赛者给出的答案构建九个字母的长单词,并根据剧本和他在制作时提供的信息帮助以非常自然和流利的方式与他们交谈。“教授”提出的上诉的不可受理性使我们第一次无法知道应该如何解释西班牙知识产权法中的执行者概念,甚至,享受欧盟法律自主概念的所有要求,知道CJEU的解释将是什么。然而,通过赋予观众最终的判断,它为我们提供了一个机会,通过分析艺术家和她的表演必须满足的法律要求,来深入研究这个概念。考虑到受保护的表演会产生相邻权利,包括因公开传播包含其表演的录音而获得强制性集体管理的公平报酬的权利,澄清哪些表演受到保护对于该制度的正常运作至关重要。