Literary and artistic property law

Areas of expertise >     Literary and artistic property law

Cabinet Bouchara & Avocats specializes in intellectual property law and thus supports its clients both in literary and artistic property law and in industrial property law.

What is the literary and artistic property?

Literary and artistic property, another branch of intellectual property along with industrial property, applies to works of the mind.

Literary and artistic property encompasses both copyright and rights related to copyright.

Thus, literary and artistic property makes it possible to protect works of the mind, which are forms of creation that are considered original in that they express the personality of their author.

The author of a work of the mind then benefits from protection on the latter and to do this, copyright confers on him economic and extra-economic rights which enable him to protect himself against an infringement of his work and including literary plagiarism or artistic plagiarism.

Also, the author is granted the following rights:

Inheritance rights

They allow the author to decide on the conditions of exploitation of his work and in particular the following classic prerogatives:
– The right of reproduction
– The right of representation
– Resale right

Extra-patrimonial rights

They allow the author to defend his personality and in particular:
– The right of disclosure
– The right of withdrawal
– The right to respect for the name and its quality (paternity of the work)
– The right to respect for the work

Inheritance rights

They allow the author to decide on the conditions of exploitation of his work and in particular the following classic prerogatives:
– The right of reproduction
– The right of representation
– Resale right

Extra-patrimonial rights

They allow the author to defend his personality and in particular:
– The right of disclosure
– The right of withdrawal
– The right to respect for the name and its quality (paternity of the work)
– The right to respect for the work

How protect a literary and artistic work?

Unlike industrial property where the rights are protected in particular following a deposit with the competent offices, the literary and artistic work is not subject to any formality in France.

Thus, a literary and artistic work is protectable from its creation and by the mere fact of this creation.

However, not all creations are protectable under copyright and ideas cannot be appropriated and are therefore free-range.

Also, in order to be able to be protected and invoke rights against a third party, the author must provide proof, not only of the originality of the work, but also of the ownership of his rights in the work, by proof of the creation and the date of creation of the work.

It is thus strongly advised in literary and artistic property to always make a probationary deposit which will allow, if necessary, in the context of an action for infringement, to prove that the author has indeed created the work on a specific date.

In addition, it is recommended to call upon lawyers or literary and artistic property consultants to organize the transfer of rights between the authors and the companies that exploit the works, in particular, in order to organize the transfer of the copyrights of employees and copyrights of freelancers who work occasionally with the company.

Cabinet Bouchara & Avocats and its lawyers specializing in literary and artistic property assist and advise you in the context of the protection of your literary and artistic works and litigation in literary and artistic property.

How
protect
an artwork
literary
and artistic?

Unlike industrial property where the rights are protected in particular following a deposit with the competent offices, the literary and artistic work is not subject to any formality in France.

Thus, a literary and artistic work is protectable from its creation and by the mere fact of this creation.

However, not all creations are protectable under copyright and ideas cannot be appropriated and are therefore free-range.

Also, in order to be able to be protected and invoke rights against a third party, the author must provide proof, not only of the originality of the work, but also of the ownership of his rights in the work, by proof of the creation and the date of creation of the work.

It is thus strongly advised in literary and artistic property to always make a probationary deposit which will allow, if necessary, in the context of an action for infringement, to prove that the author has indeed created the work on a specific date.

In addition, it is recommended to call upon lawyers or literary and artistic property consultants to organize the transfer of rights between the authors and the companies that exploit the works, in particular, in order to organize the transfer of the copyrights of employees and copyrights of freelancers who work occasionally with the company.

Cabinet Bouchara & Avocats and its lawyers specializing in literary and artistic property assist and advise you in the context of the protection of your literary and artistic works and litigation in literary and artistic property.

Typology of literary and artistic property

Copyright protects creations on the condition that they are original, regardless of their genre, form of expression, merit and destination.

Also, many forms can be protected under copyright, subject to originality, and in particular:

Music

Literature

works
audiovisual

Creations
graphics

Arts
graphics

pure art

Applied art

Photography

works
advertising

Websites

Software

This typology of copyright does not constitute an exhaustive list and our firm specialized in literary and artistic property will accompany you in order to determine whether your work is eligible for protection under copyright and can be validly invoked within the framework an action for infringement against a third party.