Copyrights Law in France
Here’s a detailed overview of Copyright Law in France:
🔹 Governing Law:
French copyright law is primarily governed by the Code de la propriété intellectuelle (Intellectual Property Code).
France is a founding member of the Berne Convention and a participant in numerous international treaties like the WIPO Copyright Treaty and the TRIPS Agreement.
🔹 What Is Protected:
Literary works (books, articles, computer programs)
Musical compositions and lyrics
Dramatic works (plays, scripts)
Artistic works (paintings, sculptures, photographs)
Audiovisual works (films, videos)
Photographs
Databases and multimedia products
Architectural works
🔹 Rights Granted:
Economic Rights:
Reproduction right
Distribution right
Public performance and communication
Adaptation and translation rights
Rental and lending rights
Moral Rights (very strong in France):
Right of paternity (attribution)
Right of integrity (preventing distortion or mutilation)
Right of publication (deciding if and when a work is made public)
Right to withdraw or retract the work (droit de repentir)
🔹 Duration of Protection:
Generally, the author’s life plus 70 years after death.
For joint authorship, 70 years after the death of the last surviving author.
Anonymous or pseudonymous works: 70 years from publication.
Cinematographic works: 70 years from the death of the last surviving principal author (director, scriptwriter, composer).
Certain extensions can apply due to wartime interruptions.
🔹 Exceptions and Limitations:
Private copy exception (making private copies allowed with compensation via levies).
Quotation and citation for purposes such as criticism, review, or education.
Exceptions for teaching, news reporting, parody, and public security.
Strict limitations on the use of works without author consent.
🔹 Registration:
Copyright arises automatically upon creation; no formal registration is required.
Optional voluntary registration exists via various services for proof of creation (e.g., deposit with a notary or digital timestamp services).
🔹 Enforcement:
Civil and criminal penalties for infringement.
Remedies include injunctions, damages, seizure of infringing copies.
French courts are experienced in copyright litigation.
Collective management organizations (e.g., SACEM, SACD) play a key role in rights administration.
🔹 International Treaties:
France is a member of:
Berne Convention
WIPO Copyright Treaty
TRIPS Agreement
Rome Convention (for related rights)
Marrakesh Treaty (for accessible formats)
Summary:
French copyright law provides robust protection with strong moral rights and long terms of protection, harmonized with European and international standards. Protection is automatic, and enforcement is well-established through courts and collective management bodies.
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