The art L.111-1 of the IP Code gives every author of a work of the spirit of a RIGHT PROPERTY INCORPORELLE, exclusive and against all this right arises solely because of the creation of the work, without AUCUNE FORMALITE OF DEPOSIT or registration is required (With the exception, however, legal deposit (1), whose purpose is different).This is the major difference with other creations for which an exclusive right may be obtained only by a DEMAND DEPOSIT. However, in some foreign countries (USA), the filing of the work is required to get the "copyright". The duration of copyright extends over the entire life of the author plus seventy years (2) the benefit of his heirs or other beneficiaries,

then it does not exceed twenty years for a patent invention, the absence of exceptional circumstances. The works protected by copyright include literary works (novels, poems, plays, reference books, newspapers and software), databases, films, music and choreographic works, artistic works such as paintings, drawings, photographs and sculpture, architecture, and advertisements, maps and technical drawings and the texts of patents, independently of the technical content which is the patent right itself. 1 ° - PECULIARITY of the right of AUTHOR According to art. L. 111-1 of the ICC, copyright includes attributes and order INTELLECTUAL MORAL and attributes of a PATRIMONIAL furthermore, (Article L. 121-1), the author "has the right to respect for his name, his quality and his work. " The right MORAL attached to the person of the author, is PERPETUEL, INALIENABLE and IMPRESCRIPTIBLE. It is transmissible to their heirs. Based on these principles, any change or alteration of a work (3) operated by third constitutes an infringement of copyright, unless express consent of the author. The right PATRIMONIAL includes the right REPRESENTATION and the right of reproduction. Both are CESSIBLES gratuitously or for a fee. The transfer contracts must be recorded in writing, under penalty of nullity. In an emergency, an exchange of telegrams is lawful. Any representation, reproduction, full or partial translation or processing arrangement made without the consent of the author is illegal and constitutes an infringement that involves civil and criminal liability of its author. (article L.122-4 of the Code P.I.). 2 ° - limits the right of AUTHOR (article L.122-5) When a work has been disclosed, the author may not prohibit: The private and free performances in a family circle, The copies or reproductions to RESERVEES STRICTLY PRIVATE USE of COPISTE and not intended for collective use. This provision does now, since the first months of 2004, the subject of lively debate both in France and in the European Union. This is the problem of "piracy" of "digital media" whose copy, which should be strictly reserved for the sole use of the copyist, has become so easy through the use of tools, that abuses are going to destroy the system. See the following paragraph: "The private copying". Provided that are clearly the author's name and source: analysis and short quotations justified by the critical, controversial, educational, scientific or information about the work, press reviews, The parody, pastiche and caricature, based on the laws of its kind. 3 ° - COPY PRIVATE The remuneration for private copying has been introduced by the Act Lang, 3 July 1985 in order to compensate for losses caused by copying specific programmes broadcast by radio and television, the law established a fee from manufacturers and importers Media recordings. (tapes, CDs). The fee is collected by the Sorecop for private copying audio (audio) and a copy France, for private copying audiovisual. The private copying audiovisual works with an allocation of 33.33%. The first third is the authors' societies, the second the companies performers, the last companies to audiovisual producers. But the situation is changing. In a judgement delivered on Friday, April 30, 2004, the French courts did not give the reason defenders of a law that apply to private copying DVD movies. The Tribunal de Grande Instance de Paris has indeed dismissed an individual complaining about the inability to make a copy for private DVD (Mulholland Drive) from a device combining the functions and video player DVD. This DVD was indeed protected by an anti-copy system. Supported by UFC-Que Choisir, the consumer had lodged a complaint in May 2003 against Universal, Alain Sarde Films and Studio Canal. The court found that the copy of a work published on digital media that could "affect the normal operation of the work." He said that the laws in force prior to the widespread use of digital media, had been unable to take into account the current proliferation of materials and media through which a work can be easily reproduced. (4) The line of defense audiovisual producers has been to assert that the right to private copying, to use a strict family, should remain an exception for digital media, even if a tax is levied on any medium of reproduction (VHS tapes, CDs and DVDs ...), precisely to compensate for the shortfall linked to personal copies. We're in the early developments of this matter and we will endeavour to keep you informed periodically. 4 ° - DATE CERTAIN No formality of filing is required by law, but the author of a work of the spirit has always interest to establish DATE OF CREATION of his work in a way no doubt, especially if it is d 'a work for which problems of fraudulent imitation, plagiarism or unfair competition may arise. This "dating" can be done in many ways:   Tabling the Society of Authors and the National Library,   Tabling the forefront of minutes of a notary,   Constat a bailiff, the bailiff fold,   Filed in envelopes SOLEAU (if the volume allows no more than 7 pages in most cases),   Microfilming and recording of microfilm   Engraving on CD-ROM or DVD-ROM non-recordable. This is the case with software that the IP Code was placed under the protection of copyright. (Article L. 112-2, L.113-9, L.122-6, L.123-5 ...) agencies have created o ensure the registration software to "date certain", among others The SCAM and the APA, Agence pour la Protection Programs, 119 Vlaamsesteenweg, 75019 PARIS, 01 40 35 03 03. 5 degrees - "Rights neighbours" The rights of authors of all works of the spirit are protected, whatever the form of expression, gender, merit or destination. This protection is gained without formality, provided that the work is original ie bears the mark of the personality of its author. The rights have been established for the benefit of three categories of creators who are not recognized as authors: . The performers, . Producers of Phonograms and Videograms, (films on magnetic media, DVD etc.). . Companies audiovisual communication. All literary and artistic works, regarded as works of the spirit, are protected by copyright. Article 112-2 of the Code of Intellectual Property cites the following categories (non-exhaustive): . The books, pamphlets and other literary, artistic and scientific (5), . The conferences, speeches, sermons, pleadings and other work the same nature, . The dramatic or dramatico-musical, . The choreography, numbers and towers circus, pantomime, . The musical compositions, with or without words, . The cinematographic and audiovisual . The works of drawings, paintings, architecture, sculptures, etchings, lithographs, . The graphic works and typographical . The photographic works, . The works of applied art, . The illustrations and maps, . The plans, sketches and plastic works relating to geography, topography, architecture and science . The software, including the preparatory design material, . The creative industries seasonal clothing and the adornment. 6 ° - Databases What is a "database"? (spoke earlier of "data bank", but this phrase has morecourses): A database is defined as "a collection of works, data or other materials, arranged in a systematic or methodical And individually accessible by electronic means or otherwise. " The telephone directory of France-Telecom is a database, all patents stored in one way or another in the premises of the INPI. The list of spare parts of a builder cars is another, and so on: There are no limits to the "assembly of consistent data constituting a basis for connaissances.quelle that is the form of data collected (on paper, film, magnetic , Optical ...). The Act of 1 July 1988 has spent the possibility of protecting databases by copyright as qu'oeuvre the spirit, according to the Intellectual Property Code: Art. L. 112-3. -- (Act No. 98-536 of July 1, 1998, art. 1.) The authors of translations, adaptations, alterations or arrangements of works of the spirit enjoy the protection provided by this code without prejudice to the rights of the author of the original work. The same is true of authors of anthologies, or collections of works or various data, such as databases, which, by choice or arrangement of their contents constitute intellectual creations. The term database a collection of works, data or other materials, arranged in a systematic or methodical way and individually accessible by electronic means or by any other means. This protection is independent and is without prejudice to those resulting from copyright or another right on the database or any of its constituent elements. "It is the law No. 98-536 of July 1st 1998, art.5., Which was transposed from the EC Directive 96 / 9 of 11 March 1996 on the legal protection of databases. The protection of a database may also be given dual protection, On the one hand the author of the basic treated as a work of the spirit and to his producer on the basis of "right neighbour." How does the protection of databases: The Intellectual Property Code (which is consistent with the EC Directive 96 / 9) explained in the following articles: Art. L.341-1 (1). -- (Act No. 98-536 of 1 'in July 1998, art.. 5) The producer of a database, understood as the person who takes the initiative and the risk of investments, enjoys protection the content of the base where the constitution, verification or presentation of it attests to a financial investment, substantial material or human. This protection is independent and is without prejudice to those resulting from copyright or another right on the database or any of its constituent elements. . Art. L. 341-2 (1). -- (Act No. 98-536 of 1 July 1998, art. 5.) Are eligible for the benefit of this title: 1 ° The producers of databases, nationals of a Member State of the European Community or of a State party to the Agreement on the European Economic Area, or who are in such a state their habitual residence; 2 ° companies or firms formed in accordance with the laws of a Member State and having their registered office, central administration or principal place within the Community or of a State party to the Agreement on the European Economic Area, but if such a company or firm has its headquarters in the territory of such State, its activities must have a real and continuing with the economy 's one of them. The producers of databases that do not meet the conditions mentioned above are admitted to the protection provided by this title when agreement was reached with the State of which they are nationals by the Council of the European Community. The directive provides to grant copyright protection for intellectual creativity that is the choice or arrangement of their contents; protection "sui generis" to ensure the protection of an investment (financial, human resources, efforts and energy) in obtaining, verifying or presenting the contents of a database. But it does not apply to software used in the manufacture or maintenance of the database, or to works or materials contained therein. In addition, the directive does not affect the legal provisions regarding, inter alia, patents, trademarks, designs and models or unfair competition. The protection schema of a database by copyright as defined by the TRIPS (6) is granted when the latter is, by choice or arrangement of their contents, a creation intellectual author's own. The creator of a database has a set of exclusive rights but also acts subject to restrictions such as reproduction, processing, distribution, etc.., The legitimate user of a database can perform all the acts referred to in Article 5 of Law No. 98-536 of 1 July 1998, which are necessary for handling the basis, subject to certain limits . A particular regime, in addition to the copyright regime, is planned. Thus, the maker of a database, person or entity, may prohibit the extraction and / or reuse unauthorized content of a database. The corresponding rights can be transferred, assigned or given a license contractuelle.Un legitimate user may, without authorization, extract or reuse parts of the contents of the base. However, it can not carry out acts that infringe unjustifiably the legitimate interests of the manufacturer or supplier base works or services contained. The right to prevent the unauthorized removal of the contents of a database applies for a period of fifteen years from the date of completion of manufacture. 7 ° - International protection of copyrights. Initially, the Berne Convention of 1886 on the Protection of Literary and Artistic Works which set minimum standards for the protection of moral and economic rights of authors of literary and artistic works. 149 states adhering to the Convention on December 31, 2002. On March 6, 2002 came into force the Treaty of WIPO (WIPO Copyright Treaty, WCT) on copyright. It aims to provide an international legal framework to two new categories (1): digital reproduction, including on the Internet, music, movies, books, CDs, DVDs, etc.. and (2): "compilation of data", in other words: databases, in any form (article 5 of the Treaty). However, Article 2 of the Treaty states that "the copyright protection extends to expressions and not ideas, methods of operation or mathematical concepts as such." As to Article 4, he confirmed that "computer programs are protected as literary works within the meaning of Article 2 to 6 of the Berne Convention. The protection applies to computer programs whatever the mode or form of expression. " Adopted at the diplomatic conference of 20 December 1996, he could not enter into force when 30 States have ratified it. The membership of the USA, Japan and Gabon just make the last signatures required. There were 31 to 25 January 2002 and 39 December 31, 2002. The European Union should not delay to join. Meanwhile, the Treaty says "WIPO Performances and Phonograms" (WPPT) relates to intellectual property rights of two categories of beneficiaries: (1) actors, singers, musicians, and (2) producers of phonograms, that is to namely the natural or legal persons who take the initiative and responsibility of reproducing the sounds. 39 countries had ratified the Treaty on December 31, 2002. The European directive on copyright, adopted on 14 February 2001 by the European Union, essentially reproduces the provisions of the WIPO treaty and the Berne Convention. Without going into details, we can see that the protection of computer programs (software) and databases fall under the Treaty. 8 ° - Right of photography. The photograph is certainly not a modern invention, as it is from 1816 (Nicephore Niepce, Daguerre, Talbot, to mention only the pioneers) qu'apparurent the first "black rooms" and their "objectives", will permit the printing of images relatively stable and sustainable supports a wide range of copper plates, glass, paper, cardboard, cloth, faience and porcelain, etc., as well as on media transparent view projection: cellulosic materials, Mylar, etc.. But beyond technology, art, then the law (which did not always done well together), have rapidly raised the problem of copyright. Unlike a work of pure art which is a single principle, a photograph can be, as a literary work, reproduced in an unlimited number of copies, and it did not during private two centuries-almost-which just passed. This is not one or two paragraphs that would go, but a whole encyclopedia to clarify the problem of ownership of recorded images. In addition, the rapid development of photography called "digital" which is going to literally smother the good old photography called "silver" dice now poses problems that already haunt the nights of Jurists, and to crown it all, dissemination of images on the Internet will cause a release very difficult, if not impossible to control. To cite a few examples, implementation and use of a photograph taken in public places often requires one or more permits. What images do we have the right to publish and how? Enter a museum of any kind, and you do not even have time to remove the device from the case, it is true that there are warnings at the entrance ... For example, one can cite a judgement of 4 July 1995 the Court of Cassation, which has absorbed a reproduction violates the prerogatives heritage of the holder of copyright in a television broadcast, unauthorized images of sculptures by Maillol , Yet located in a public place (the Jardin des Tuileries) but filmed in full and close-up. (Source: Judgments and judgments fundamental intellectual property, Piotraut Jean-Luc and Jean-Pierre DecrhistE, Editions Lavoisier, Paris, 2002). If your neighbour is like "bad coucheur", and you have photographed his house without asking his permission, he is entitled to claim the negative. If you take a photo of Gouggenheim Museum in Bilbao, try to act discreetly, but anyway, you will not have the right to distribute prints (free or paid ...) to friends and acquaintances. Beware of photos taken on a beach: make a good fit your parents or friends without spilling over the occupants of the tent vosine ... As for professional photographers producing the "postcard business," they more difficulties to operate: there are sites that are beginning to truly be banned because the rights were acquired by the owner or dealer locations. This is true of most castles or historical monuments or other tourist spots and even the simple monument to the dead of Trifouilly-les-Goose ... The official website "LEgifrance" (See: Right of photography) can see the essential laws and codes of french law in this area: -- Copyright (right photographer and the right of the author of a work): Intellectual Property Code, Art. L111-1 to L132-33 and art. R111-1 to R122-12 -- Human right: the Civil Code, Art. 9 and 9-1, Penal Code, Art. 226-1, 226-2 and 226-8 -- Right held by the owner of a property: Civil Code, Art. 537 to 546 -- Law of 29 July 1881 on freedom of the press, chap. IV -- Law of 30 September 1986 on freedom of communication, art. 1. (1) Deposit: If no "deposit" is necessary for the creation of copyright we must not forget the obligation to "deposit" for all non-periodical publications, printed or reproduced by a process any graphics, which are put up for sale, distribution or location. The periodical publications are another legal deposit. The legal filing is a purpose identification of the author, publisher and printer. It is done for Paris and its region, the governing legal deposit, located originally in an annex to the National Library, 6 rue des Petits Champs, 75001 PARIS and recently transferred to the BNF, national library of France , 11 quai François Mauriac, 75013 PARIS, Tel. 01 53 79 59 59. For large provincial cities, contact the library, but these offices n'ouvriront only gradually in the coming years. This is the case in LYON, for the library of the Part-Dieu, which provides this service since September 1999. (2) seventy years.: In accordance with the European directive 93/98 of 29 October 1993. Previously, this period was fifty years from the author's death. (3) any modification or alteration of a work: He was a few years ago a famous restaurateur Lyon edges of Saône had ordered and paid a local artist known a table putting his person and his property value. But shortly after, said the restaurateur had believed authorized to amputate a portion of the bottom of the table for reasons of space. The artist has immediately responded by filing a complaint in violation of copyright complaint, which was resolved by a financial arrangement, and probably a good meal ... (4) The Union of video editing (SEV) has approved the court decision. It does not allege that any form of "private copying" should be banned but considers that the scope of the exception is that private copying should be clearly defined and limited in order to prevent piracy or processing of the copy Large-scale in a mode of operation that might impede the normal exploitation of the work by rights holders. (5) Scientific: hence the text of a patent, or any other report or scientific publication, is protected as qu'oeuvre of mind, regardless of the legal validity of the patent or quality technical or scientific publication. I was recently in the hands a U.S. patent (issued in 1998) whose description begins with a "Notice Regarding Copyrighted Material." I transcris full text: "A portion of the disclosure of this patent document coritains material which is subject to copyright protection. The copyright owner has no objection to the facsimile reproduction by anyone of the patent document or the patent disclosure as it appears in the Patent and. Trademark Office file or records, but otherwise reserves all copyright rights whatsoever. " (6) TRIPS: Aspects of Intellectual Property Rights affecting the Commerce, (Acronym English "TRIPS": trade-related aspects of intellectual property rights). This is the Agreement on the Agreement on Trade-Related Aspects of Intellectual Property Rights, TRIPS Agreements were signed as a "package" of the Marrakesh Agreement terminating the Uruguay Round of 15 April 1994 and put into implemented by the WTO. For more information you can read the following documents: Ministry of Culture and Communication, Higher Council of literary and artistic property, 3 rue de Valois, 75001 Paris. Activity Report 2002-2004, 40 pages, published in April 2004. The President of CSPLA is Mr. Jean-Ludovic SILICANI, the Secretariat: Ludovic DOGLIONE, mailto: cspla. The website address is: C.S.P.L.A.

Tags: Copyright, Related, Rights

Posted on: July 20, 2008

Filed under: Copyright