Literary and artistic property law

What is the literary and artistic property?

Literary and artistic property is one of the two branches of intellectual property (alongside industrial property) and applies to works of the mind.

Literary and artistic property covers copyright and related rights.

If industrial property grants protection to a registered creation (trademarks, designs, patents, etc.), in France, protection under literary and artistic property law does not require any formality and is said to be automatic.

However, in order to claim such protection, the creator must demonstrate that his work is original in that it bears the imprint of his personality and therefore results from arbitrary artistic choices.

If this is the case, the author will be attributed economic rights relating to the conditions of exploitation of his work (right of representation, reproduction and resale right) and moral rights relating to his person (right of disclosure, right of withdrawal, right to the respect of his work, right to the paternity of his work, etc.), the latter being inalienable.

How protect a literary and artistic work?

A work of the mind does not have to be registered in order to be protected (unlike industrial property rights such as trademarks or designs).

In France, the protection on the work of the mind is indeed granted by the sole fact of its creation.

Nevertheless, to be able to validly oppose his rights to third parties, the author will have to demonstrate the originality of his work, his ownership of the rights on his work and its anteriority.

It is therefore strongly recommended to proceed with a deposit of your works (via a bailiff or via the deposit of a Soleau envelope at the INPI) in order to be able to bring the proof of a certain date of creation (proof of the anteriority of the work) and of its contents (proof of the materiality of the work).

As regards the exploitation of your works, it is also recommended to call upon a lawyer specialized in this field to draft your assignment or licensing contracts.

The Bouchara Law Firm accompanies you for the protection and the defense of your works.

  • Typology of literary and artistic property rights

The protection conferred by copyright is conditioned by the originality of the work, regardless of its genre, form of expression, merit or purpose.

Also, many creations can be protected under copyright, including :

  • Music
  • Literature
  • Audiovisual works
  • Graphic creations
  • Graphic arts
  • Pure Art
  • Applied art
  • Photography
  • Advertising works
  • Websites
  • Software

This list is not exhaustive and we will help you determine the most appropriate protection for your creations.

Areas of expertise

Bouchara's team will assist you in intellectual property law.