Chapter 11: Beneficiaries of the protection
According to Article 2(6) of the Berne Convention, the protection, which the protected works shall enjoy in all countries of the Union, shall operate for the benefit of the author and his (or her) successors in title. The Convention does not define the concept of the 'author', which to some extent must be determined on the basis of other provisions of the Convention. The starting point must be that the protected work is a creation by a human being and accordingly the author is the person who has added the original or individual elements which qualify it as a work. This, however, is not explicitly stated in the Convention, and there is reason to believe that there is a certain leeway for national law. This clearly appears when looking at Article 14bis(2)(a) according to which the ownership of copyright in a cinematographic (or audiovisual) work shall be a matter for legislation in the country where protection is claimed. Item (b) adds a special rule for 'those countries of the Union which, by legislation, include among the owners of copyright in a cinematographic work authors who have brought contributions to the making of the work'. Those provisions are included because some countries of the Union do not count such authors of contributions as authors of the film, but instead consider the producer, who often is a legal entity, to be the author.
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