Paris court rules producer's consent required for use of documentary rushes even with director's approval

The Paris Court of Appeal, in a judgment of 14 January (Ruling No. 24/15682), held that a university’s use of unedited documentary rushes footage in bonus scenes of a DVD release amounted to copyright infringement, as it lacked the express authorisation of the producer despite having obtained the consent of the director-author.

The rights assignment agreement between the university and the producer of the videograms covered exploitation of the completed documentary only and did not expressly extend to the rushes. The Court further ruled that the director‑author’s consent could not validate this use, as the videogram producer’s neighbouring right, arising from article L.215-1 of the French Intellectual Property Code, is distinct and must also be respected.

The unauthorised user was also found contractually liable, as it held only an archival right over the master of the finished documentary for the purposes of promotional exploitation, not over the rushes, which were stored and reproduced on DVDs distributed for free to the public.

Why it matters: Video distributors cannot assume that rights in rushes or other production materials are included in the contractual scope of a license for the finished work; both the author’s and video producers’ rights must be expressly covered.