Copyright

Areas of expertise >     Copyright

The purpose of copyright is to protect works of the mind, original and imprinted with the personality of their author. Works of the mind can therefore also be works, graphic and plastic arts, literary, musical, theatrical, cinematographic works, or software.

What is copyright?

In the absence of a legal definition, the field covered by "works of the mind" has been clarified by case law and doctrine.

Thus, a work of the mind must result from an intellectual activity, taken in the broad sense. However, the ideas cannot be appropriated, they are “free-range”. Thus, for example, one cannot claim any right to the “theme” of a film.

What is copyright?

In the absence of a legal definition, the field covered by "works of the mind" has been clarified by case law and doctrine.

Thus, a work of the mind must result from an intellectual activity, taken in the broad sense. However, the ideas cannot be appropriated, they are “free-range”. Thus, for example, one cannot claim any right to the “theme” of a film.

How protect a work? 

The protection of a work under copyright is not subject to any formality.

However, in order to oppose his rights on his work, the author must provide proof, not only of the originality of the work, but also of the ownership of his rights on the work, by proof of the creation and the date of creation of the work.

This proof must be provided by all means, but the most important thing is that the proof of the creation be dated and include a certain date, which is often lacking in the internal creation elements (eg: technical sheets, sketches). Proof of the date of creation may result from the filing of a collection with a bailiff, the filing of a Soleau letter, exchanges of instructions with a subcontractor, publication in a magazine dated, a dated sales catalogue, etc. Once this proof has been provided, the ownership of the author's rights will be presumed.

The copyright on a work of the mind also confers on its author a patrimonial right, perpetual and attached to the person: the moral right. This, expressly provided for by the Intellectual Property Code, confers on its holder the right to control the disclosure of the work, a right to paternity of the work, as well as a right to respect for the work and the right of withdrawal (article L121-1 and L 121-2).

How protect a work? 

The protection of a work under copyright is not subject to any formality.

However, in order to oppose his rights on his work, the author must provide proof, not only of the originality of the work, but also of the ownership of his rights on the work, by proof of the creation and the date of creation of the work.

This proof must be provided by all means, but the most important thing is that the proof of the creation be dated and include a certain date, which is often lacking in the internal creation elements (eg: technical sheets, sketches). Proof of the date of creation may result from the filing of a collection with a bailiff, the filing of a Soleau letter, exchanges of instructions with a subcontractor, publication in a magazine dated, a dated sales catalogue, etc. Once this proof has been provided, the ownership of the author's rights will be presumed.

The copyright on a work of the mind also confers on its author a patrimonial right, perpetual and attached to the person: the moral right. This, expressly provided for by the Intellectual Property Code, confers on its holder the right to control the disclosure of the work, a right to paternity of the work, as well as a right to respect for the work and the right of withdrawal (article L121-1 and L 121-2).

Our services

Support and follow-up

We assist and follow you in the context of:
– follow-up of filing with a bailiff in order to give a certain date to a given creation;
– filing of customs surveillance files

Representation

We represent you in the context of copyright litigation.