Copyright

The first two paragraphs of Article L.111-1 of the Intellectual Property Code define copyright as follows:

“The author of a work of the mind enjoys on this work, by the sole fact of its creation, an exclusive intangible property right enforceable against all.
This right includes intellectual and moral attributes as well as patrimonial attributes, which are determined by books I and III of this code. “

Unlike trademark law, where the completion of formalities with industrial property offices makes it possible to obtain a title, which attests to the ownership of registered trademarks, copyright protection does not require the completion of any particular formality.

Copyright arises from creation alone, which is protected only under the condition of being original.

A dating of the work as well as an identification of its author are useful to allow the latter to claim the copyrights attached to it.

Copyright is defined by two components, moral rights, on the one hand, and economic rights, on the other.

Moral rights are defined as “the right to respect – for the author – of his name, his quality and his work” (paragraph 1 of Article L.121-1 of the Intellectual Property Code) but also by the right of disclosure of the work, defined in Article L.121-2 of the same code.

Economic rights concern the right of exploitation of the work, which is composed of the right of representation and the right of reproduction (Article L.122-1 of the Intellectual Property Code):

– the representation consists in “the communication of the work to the public by any process whatsoever” (Article L.122-2 of the Intellectual Property Code);

– reproduction is defined by Article L.122-3 of the Intellectual Property Code as “the material fixation of the work by all processes that make it possible to communicate it to the public in an indirect manner”.

This same article then indicates examples of reproduction: “It may be carried out in particular by printing, drawing, engraving, photography, moulding and any process of the graphic and plastic arts, mechanical, cinematographic or magnetic recording.”

It further specifies that “For works of architecture, reproduction also consists of the repeated execution of a standard plan or project.”

Economic rights also include:

– the resale right, i.e. a right of remuneration, the right to receive a percentage upon resale of the work. This right relates exclusively to graphic and plastic works;
– the right of distribution, i.e. the right of distribution to the public, by sale or otherwise, of the original of the work or copies;
– the right of use, i.e. the right to use the work;
– the right of adaptation, i.e. the right to modify the work;
– the lending right, i.e. making the work available for use for a limited time;
– the rental right, i.e. the right to control the rental of a medium on which the work is reproduced.

The moral rights of the author are non-transferable, pursuant to paragraph 2 of Article L.121-1 and Article L.121-2 of the Intellectual Property Code.

In application of Article L.122-7 of the Intellectual Property Code, economic rights may, on the other hand, be the subject of an assignment: “The right of representation and the right of reproduction are transferable free of charge or for consideration”.

Only performance and reproduction rights may be assigned free of charge. The other economic rights of the author must be assigned for consideration.

The ordering of a work from a service provider does not include the assignment of the copyrights attached to the work. A copyright assignment contract will specifically have to be concluded.

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