An intellectual property lawyer in Paris informs you and advises you on copyright.
See as well : Assignment of copyright
the copyright aims to protect literary works, sound, audiovisual and musical creations. It also protects graphics and fashion designs. The legal status of copyright allows protect authors and their works.
A copyright acquired without formalities. However, in the event of a dispute, it is advisable to prove the original character of the work. Il should also bring the proof of the date it was created.
You are the author of a work and wish to be advised within the framework of the copyright which applies to this one? You wish to initiate litigation proceedings for counterfeit ? Stone of Roquefeuil, lawyer specializing in intellectual property law at Paris accompanies you.
Copyright: Definition, the intellectual property lawyer assists you in qualifying
the copyright applies to any work, so it is extremely broad. It can be the work of a writer through a book, the work of a music group or a musician through a musical composition. It can also be the work of a photographer by a photograph, etc. Nevertheless, the work must present an original character and thus express the personality of its author.
the Intellectual Property Code (IPC) defined copyright, in the context of literary and artistic property. The copyright on a work confers on its author a patrimonial right and a moral right. The Intellectual Property Code (IPC) therefore provides in its articles L. 121-1 and L. 121-2, with regard to moral rights, the right of its holder to control the disclosure of the work. It also provides for a right to authorship of the work, as well as a right to respect for the work and the right of withdrawal.
Governed by the law of March 11, 1957, copyright is applied automatically from the moment the work has been produced and without any particular formality. On the other hand, the author must be able to provide proof of the originality of his work but also because he owns his work. Proof can be provided by any means, it must however be dated.
What is the purpose of recording a work?
In the context of litigation, the recording of a work is important. The existence of a deposit or registration of the work makes it easier to prove the authorship and the date of creation of the work. Thus, the author can identify himself as the creator of a work with:
- A bailiff or a notary,
- From the National Institute of Intellectual Property (INPI),
- Of a society of collection and distribution of rights.
the copyright is often confused with copyright. Copyright protects people who invest in intellectual property. It aims to protect works first and not their authors. Copyright, on the other hand, primarily protects the creator.
Protection of your works: What is intellectual property? Intellectual property lawyer clarifies
Copyright provides the author of the work with a guarantee of ownership. The author therefore has rights in the event of authorized and unauthorized use of his creation.
Intellectual property is protected by intellectual property titles. This protection allows the holder to derive recognition or a financial advantage from his creation.
Intellectual property is distinguished by two branches:
- Literary and artistic property (copyright, neighboring rights),
- Industrial property (trademark and patent law in particular).
Article L. 111-1 of the Intellectual Property Code defines copyright in its first two paragraphs: "The author of an intellectual work enjoys this work, by the mere fact of its creation, an exclusive intangible property right enforceable against all. This right has intellectual and moral attributes. As well as heritage attributes, which are determined by Books 1er and 3 of this code. »
In its decision no. 2006-540 DC of July 27, 2006, the Constitutional Council considered that the intellectual property rights, and in particular copyright and neighboring rights, are subject to property rights. This is one of the human rights enshrined in Article 2 of the Declaration of the Rights of Man and of the Citizen of 1789.
Copyright grants two types of rights to the author:
Thus, copyright grants two types of rights to the author:
- Patrimonial right, which allows the right holder to receive financial compensation. This for the exploitation of his work by a third party,
- Moral right, which protects the non-economic interests of the author.
the patrimonial right lasts up to 70 years after the death of the author or after disclosure in the event that the work belongs to a legal person (association, company, etc.). In terms of property rights, the author can therefore prohibit or authorize:
- The reproduction of his work in different forms,
- The performance or representation in public of his work, for example for a musical work or a play,
- The recording of a creation, video recording of a film or music on a CD for example,
- The broadcasting of a musical work by radio, cable or satellite,
- The translation of a work into another language,
- The adaptation of a work, for example by transforming a film into a novel, or vice versa.
the moral right, on the other hand, makes it possible to claim the paternity of a work and to oppose any modification which could harm the reputation of the creator.
Patrimonial right: assign one of his patrimonial rights, be assisted by an intellectual property lawyer
Even if French law protects the original work of an author, it is possible for this author to transfer one's property rights. The author can thus by the transfer of his patrimonial right, authorize the representation or the reproduction of his work. The assignment of his rights must be formalized by an assignment contract or a publishing or reproduction contract.
A disposal agreement allows an author to assign part or all of his economic rights to one of his works, exclusively. The holder of the assigned rights can therefore act without infringement once this assignment contract has been signed by the various parties.
The Intellectual Property Code provides for certain mandatory information that must appear in an assignment contract:
- Details of the rights transferred,
- Delimitation of the scope and destination of the rights,
- Territorial delimitation of the transfer,
- The temporal delimitation of the diffusion.
In principle, remuneration proportional to the profits from the sale or exploitation of the work must be paid to the original author. The profit percentage is set freely between the author and the beneficiary of the assignment.
The drafting of a transfer contract without the support of a intellectual property lawyer can be highly damaging for the author or for the transferee of the rights. Indeed, the lawyer will be able to accompany and advise you before the signing of the contract, in order to properly realize the consequences of the transfer and the commitments made.
What are the penalties for copyright infringement? The intellectual property lawyer assists you in Paris
The author victim of plagiarism of his work can lodge a complaint and go to court. The forgery of a creation consists in reproducing a creation, with its essential characteristics, without the agreement of the original author or the holder of the rights.
The Intellectual Property Code means by counterfeiting all acts of unauthorized use of a work. In the case of a partial recovery of this one, it is assessed according to the similarities between the works. Moreover, the mere attempted infringement is not punishable.
The use of a work or its reproduction without the agreement of its author constitutes an illicit act, a counterfeiting offense. Article L. 335-2 of the Intellectual Property Code specifies that: "Any edition of writings, musical composition, drawing, painting or any other production, printed or engraved in whole or in part, in defiance of the laws and regulations relating to the property of the authors, is an infringement and any infringement is an offence. Counterfeiting in France of works published in France or abroad is punishable by three years' imprisonment and a fine of 300,000 euros. The same penalties will apply to the debit, export and import of infringing works. When the offenses provided for in this article have been committed by an organized gang, the penalties are increased to five years' imprisonment and a fine of 500,000 euros. »
The offense of counterfeiting is sanctioned by the payment of damages, the amount of which varies according to the seriousness of the attack which has been caused to the author and his work. The penalty can also be up to 3 years in prison and a fine of 300,000 euros. In civil matters, the allegation of good faith has no interest.
The title of a work is protectable in the same way as a work, the intellectual property lawyer in Paris gives you the first leads
The article of the intellectual property code provides two types of title protection: copyright and unfair competition law:
The title of an intellectual work, when it presents an original character, is protected like the work itself.
No one can, even if the work is no longer protected under the terms articles L. 123-1 to L. 123-3, use this title to individualize a work of the same genre, under conditions likely to cause confusion.
The title is to be distinguished from the slogan, or the brand, which have different functions.
The name of a music group, the intellectual property lawyer in Paris answers you
If the title of a literary work is indeed a title within the meaning of the aforementioned article L112-4, what about the name of a musical group?
The name of a music group is more reminiscent of a person's name, or a corporate name. But a music group is not necessarily constituted as a "legal person" as is, for example, a commercial company which has its own legal personality, and the name of a group does not necessarily designate the whole of the work produced by the group.
The name of a music group is traditionally considered as the undivided, non-transferable and non-transferable property of its historical members. In case of conflict between these, the judge may reserve their use to those who ensure the continuity of the artistic project.
It is in itself protectable, according to the specific regime of the name, against usurpation or illicit use.
You wish to be advised by a Intellectual Property Lawyer, for advice on copyright in the context of the protection of your work? Do you want to initiate a plagiarism procedure for your work? Stone of Roquefeuil, intellectual property lawyer at Paris, you can assist and represent you in litigation following the violation of your copyrights.