Copyrights Law in Guadeloupe (France)

Copyright Law in Guadeloupe is governed by French law, as Guadeloupe is an overseas department and region of France. Therefore, the same copyright laws that apply in mainland France are fully applicable in Guadeloupe.

🔹 Governing Law:

Code de la propriété intellectuelle (French Intellectual Property Code)

Guadeloupe follows European Union directives and international treaties ratified by France.

🔹 What Is Protected:

Literary works (books, software, articles)

Musical works (songs, compositions)

Artistic works (paintings, photographs, sculptures)

Audiovisual works (films, TV shows)

Dramatic and choreographic works

Architectural designs

Databases

Multimedia works

🔹 Rights Granted:

Economic Rights:

Right to reproduce and distribute

Right to publicly perform and communicate

Right to adapt or translate

Right to rent or lend

Moral Rights (very strong under French law):

Right to attribution (authorship)

Right to integrity (prevent distortion or alteration)

Right to disclose the work

Right to withdraw the work (droit de repentir)

🔹 Duration of Protection:

Life of the author + 70 years

For joint authorship: 70 years after the last author’s death

For anonymous or pseudonymous works: 70 years from publication

Cinematographic works: 70 years after the death of the last of the principal contributors (director, composer, screenwriter)

🔹 Exceptions and Limitations:

Fair use exceptions (known as "exceptions aux droits d’auteur"):

Private copying (with compensation)

Educational and research use

News reporting and criticism

Quotation and parody

Libraries, archives, and accessibility for disabled persons are also covered

🔹 Registration:

Not required for protection — copyright arises automatically upon creation

Voluntary deposit possible through:

Soleau envelopes (via INPI)

Digital timestamping

Notary services (for proof of authorship)

🔹 Enforcement:

Handled by French (and local) civil and criminal courts

Remedies include:

Injunctions

Monetary damages

Seizure of infringing goods

Criminal penalties in serious cases

Collective rights management organizations (like SACEM, SACD) enforce and collect royalties

🔹 International Treaties (via France):

Berne Convention

WIPO Copyright Treaty

TRIPS Agreement

Marrakesh Treaty (accessibility for the visually impaired)

✅ Summary:

Guadeloupe, as part of France, has automatic copyright protection based on French and EU law. It provides strong moral rights, long protection terms, and robust enforcement systems.

 

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