LexInter | September 5, 2008 | 0 Comments

SOFTWARE

COPYRIGHT HOLDERS COPYRIGHT PATRIMONIAL RIGHTS

Softwares

HERITAGE RIGHTS ON SOFTWARE

Article L113-9

Unless statutory provisions or stipulations to the contrary, the economic rights over the software and their documentation created by one or more employees in the exercise of their functions or according to the instructions of their employer devolve to the employer who is the only one entitled to them. exercise.
Any dispute concerning these rights submitted to the tribunal de grande instance of the employer’s head office.
These provisions are also applicable to agents of the State, public collectivities and public administrative establishments.

MORAL RIGHTS ON SOFTWARE

Article L121-7

Unless there is a stipulation to the contrary more favorable to the author of the software, the latter may not:
1 ° Oppose the modification of the software by the assignee of the rights mentioned in 2 ° of article L. 122-6, when is not prejudicial to his honor or reputation;
2 ° Exercise the right to repent or withdraw.

SOFTWARE AUTHOR’S RIGHT TO USE

Article L122-6

Subject to the provisions of Article L. 122-6-1, the exploitation right belonging to the author of a software includes the right to perform and authorize:

1 ° The permanent or temporary reproduction of software in whole or in part by any means and in any form. Insofar as the loading, display, execution, transmission or storage of this software requires reproduction, these acts are only possible with the authorization of the author;

2 ° The translation, adaptation, arrangement or any other modification of software and the reproduction of the resulting software;

3 ° The placing on the market for payment or free, including the rental, of the copy (s) of software by any process. However, the first sale of a copy of software in the territory of a Member State of the European Community or of a State party to the Agreement on the European Economic Area by the author or with his consent is exhausted. the right to place this copy on the market in all Member States with the exception of the right to authorize the subsequent rental of a copy.

Article L122-6-1

  1. Acts not subject to authorization by the author

Using the software

The permanent or temporary reproduction of the software, its translation adaptation, arrangement or other modification of the software and the resulting reproduction are not subject to the authorization of the author when they are necessary to allow the use of the software, in accordance with its destination, by the person having the right to use it,

Correction of errors

The acts necessary  to correct errors are not subject to the authorization of the author. However, the author is authorized to reserve by contract the right to correct errors and to determine the particular modalities to which the acts of reproduction necessary to allow the use of the software, in accordance with its destination, by the person having the right will be subject. right to use it.

  1. Backup copy

The person having the right to use the software can make a backup copy when this is necessary to preserve the use of the software.

III. Software operation analysis

III. The person having the right to use the software may, without the authorization of the author, observe, study or test the operation of this software in order to determine the ideas and principles which form the basis of any element of the software when ” it performs any loading, display, execution, transmission or storage of the software that it is entitled to perform.

  1. Software code reproduction and software interoperability

The reproduction of the software code or the translation of the form of this code is not subject to the authorization of the author when the reproduction or the translation within the meaning of 1 ° or 2 ° of article L. 122 -6 is essential to obtain the information necessary for the interoperability of independently created software with other software, provided that the following conditions are met:

1 ° These acts are carried out by the person having the right to use a copy of the software or on his behalf by a person authorized for this purpose;

2 ° The information necessary for interoperability has not already been made easily and quickly accessible to the persons mentioned in 1 ° above;

3 ° And these acts are limited to the parts of the original software necessary for this interoperability.

The information thus obtained cannot be:

1 ° Nor used for purposes other than achieving the interoperability of independently created software;

2 ° Nor communicated to third parties unless this is necessary for the interoperability of the software created independently;

3 ° Nor used for the development, production or marketing of software whose expression is substantially similar or for any other act infringing copyright.

  1. Interpretation

The provisions in paragraphs I to IV  cannot be interpreted as allowing to undermine the normal use of the software or to cause unjustified prejudice to the legitimate interests of the author.

Any stipulation contrary to the provisions of II, III and IV is null and void.

TECHNICAL PROTECTION OF SOFTWARE

Article L122-6-2

Any advertisement or instructions for use relating to the means allowing the removal or neutralization of any technical device protecting software must mention that the unlawful use of these means is liable to the penalties provided for in the event of infringement.

PATENT LAW

Computer programs are not patentable inventions under French law , unlike American law.

FUNDING FOR SOFTWARE DEVELOPMENT

THE CONTRACT FOR PLEDGING THE RIGHT TO USE SOFTWARE.

COMPUTER LAW

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