{"id":9080,"date":"2022-02-01T12:02:43","date_gmt":"2022-02-01T11:02:43","guid":{"rendered":"https:\/\/www.cabinetbouchara.com\/droits-voisins\/"},"modified":"2026-02-10T08:57:37","modified_gmt":"2026-02-10T07:57:37","slug":"related-rights","status":"publish","type":"page","link":"https:\/\/www.cabinetbouchara.com\/en\/lexicon\/related-rights\/","title":{"rendered":"Related rights"},"content":{"rendered":"

Lexicon<\/a> > Related rights<\/b><\/span><\/span><\/p>\n

IP Lexicon<\/p>\n

The law of July 3, 1985 n\u00b085-660 introduces the neighboring rights in the French law.<\/p>\n

Neighboring rights are listed in Book II of the first part of the Intellectual Property Code, under articles L.211-1<\/a> to L.216-1<\/a>.<\/p>\n

In addition, general provisions of Book III also concern related rights (private copy, collecting societies and distribution of rights).<\/p>\n

The right of the producers of databases<\/a> has been inserted in the articles L.341-1<\/a> to L.343-4 of the Intellectual Property Code<\/a>.<\/p>\n

In France, neighboring rights are exclusive rights, notably to performers, producers of phonograms and videograms, audiovisual communication companies, publishers and press agencies.<\/p>\n

Although related rights are also part of the field of literary and artistic property<\/a> <\/span>, they are exercised independently of the copyright<\/a> on the works.<\/p>\n

Indeed, the protection conferred by neighbouring rights is distinct from that conferred by authors’ rights<\/a> and is exercised without prejudice to these rights.<\/p>\n

The prerogatives granted by the law to performers, producers of phonograms and videograms, audiovisual communication companies, publishers and press agencies are comparable to those granted to authors<\/a>.<\/p>\n

Owners of related rights have an exclusive right to authorize or prohibit the use and exploitation of their performance and to receive remuneration for it.<\/p>\n

Thus, the exploitation of a work protected by neighboring rights can be challenged by the rights holder if his authorization was not given beforehand. <\/span><\/p>\n

However, provisions relating to moral rights are only provided for performers.<\/p>\n

Thus, it is expressly provided that ” The performer has the right to the respect of his name, his quality and his interpretation.” <\/em>(article <\/span>
L.212-2 of the Intellectual Property Code<\/a>
<\/span>).<\/span><\/p>\n

The performer therefore has a right of authorship over the work, and respect for its integrity.<\/p>\n

The rights of press publishers and press agencies resulting from article L.218-2 of the Intellectual Property Code<\/a> can be transferred or licensed.<\/p>\n

The legal protection conferred by neighboring rights is temporary.<\/p>\n

The term of protection of neighbouring rights is in principle fifty years from January 1 of the calendar year:<\/p>\n