Copyright

Copyright protects works of the mind, provided that their author can demonstrate their originality. Indeed, the work will only be protected if it emanates from the author’s personality and if it results from arbitrary artistic choices.

There are as many works of the mind as there are creations (graphic and plastic arts, literary works, music, film, software, etc.).

What is copyright?

The Intellectual Property Code does not provide a legal definition of copyright. Also, case law and doctrine have clarified the notion of “intellectual work”: it is the result of an intellectual activity, taken in the broadest sense, it being specified that the ideas are “free” and cannot be appropriated.

Thus, it is not possible to claim copyright on the “theme” of a film.

How to protect a work of the mind?

Unlike industrial property rights (trademarks, designs, patents, etc.), the protection of a work of the mind under copyright is not subject to any formality.

However, to be able to effectively enforce his rights on a work, the author will have to prove the originality of his creation, but also the ownership of his rights, by establishing in particular the content of the work and its date of creation.

This proof can be provided by any means. The date of creation can be proved by the deposit of a collection with a bailiff, or the deposit of a Soleau envelope with the INPI. The date of disclosure can be proven by publication in a magazine, publication on social networks or marketing invoices.

Our services

Assistance and follow-up

The Bouchara firm assists you in particular for :

• The formalities for depositing your works via a bailiff or the Soleau envelope system at the INPI, in order to give a certain date to a specific creation;
• The filing of your customs surveillance applications.

Representation

Bouchara Law Firm ensures the protection and defense of your interests before the Intellectual Property Offices and the competent Courts (copyright infringement action, unfair competition action etc.).