Nature of copyright
LexInter | September 7, 2008 | 0 Comments


Nature of copyright

Articles L111-1 and s . of the intellectual property code

The copyright in a work of the mind results from the sole fact of its creation,

It is an exclusive and enforceable intangible property right against all.

This right includes attributes of an intellectual and moral order as well as attributes of a patrimonial order.

Copyright in the event of the hiring of a work or service

The existence or the conclusion of a contract for the hiring of a work or service by the author of an intellectual work does not derogate from the enjoyment of the right recognized by the first paragraph, subject to the exceptions. provided for by the code.

Subject to the same reservations, the enjoyment of this same right is not waived either when the author of the work of the mind is an agent of the State, of a local authority, of an establishment. public administrative authority, an independent administrative authority with legal personality or the Banque de France.

These provisions do not apply to agents who are authors of works whose disclosure is not subject, by virtue of their statute or the rules which govern their functions, to any prior control by the hierarchical authority.

Creation of the work

Intangible property and ownership of the material object

The intangible property is independent of the property of the material object.

The purchaser of this object is not invested, by virtue of this acquisition, with any of the rights provided for by the intellectual property code, except in the cases provided for by the provisions of the second and third paragraphs of article L. 123-4.

These rights remain in the person of the author or his successors in title who, however, may not require the owner of the material object to make this object available to them for the exercise of said rights. However, in the event of a notorious abuse by the owner preventing the exercise of the right of disclosure, the tribunal de grande instance may take any appropriate measure, in accordance with the provisions of Article L. 121-3.

Protection of foreign works

 Subject to the provisions of international conventions to which France is a party, in the event that, after consultation with the Minister for Foreign Affairs, it is found that a State does not insure works disclosed for the first time in France in any form whatsoever. this is sufficient and effective protection, works disclosed for the first time on the territory of this State do not benefit from the protection recognized in terms of copyright by French law.
However, no infringement can be brought to the integrity or to the authorship of these works.
In the event provided for in paragraph 1 above, copyright is paid to organizations of general interest designated by decree.

Subject to international conventions, the rights recognized in France to authors of software by the intellectual property code are recognized to foreigners on the condition that the law of the State of which they are nationals or on the territory of which they have their domicile , their head office or an effective establishment grants protection to software created by French nationals and by persons having their domicile or an effective establishment in France.

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