Rights and obligations of the parties to the film production contract in the Iraqi law and the European

Abstract

Due to its dual nature of artistic creativity and economic investment, the contract for film production is one of the most complex and sensitive contracts in the field of intellectual property. This research dealt with the rights and obligations of the parties to this contract in three legal systems: Iraq, Iran, and Europe (with a focus on French and English law). The main problem in the research is the lack of contractual balance between the author and the producer in most systems, especially in Iraqi law, which lacks a special regulation of film production contracts, which subjects them to the general rules of civil law and copyright. The results of the research showed that in the French and Iranian systems, the moral rights of the author are non-assignable or limitational, and any condition to the contrary is considered invalid, while English law adopts a pragmatic approach that permits the assignment of these rights by written agreement. With regard to financial rights, French law assumes that they are legally transferred to the producer with a guarantee of proportionate remuneration for the author, while in Iraqi and Iranian law their transfer remains subject to the express provision of the contract and cannot be interpreted broadly in favour of the producer. The research also concluded that all the systems studied do not recognize the producer with independent moral rights, but rather his non-financial powers are based on the contract or on the general rules of civil liability. The research concluded that there is a clear legislative gap in Iraqi law with regard to regulating film production contracts, which leads to an imbalance between the two parties, the neglect of modern means of exploitation, and the weakening of the legal status of the author. Accordingly, the research recommended the enactment of legislation for film production contracts in Iraq, inspired by the French model, and includes a precise definition of the scope of the transfer of financial rights, a strict commitment to respect moral rights, the obligation of the producer to register the contract with the competent authority, and the prohibition of the inclusion of arbitrary conditions. It also recommended that the Iraqi judiciary be directed towards a protective interpretation of copyright and the promotion of legal awareness among those working in the film industry, in order to ensure a fair balance between capital and creativity.