CART : 0 product(s)
Total : 0.00€
Frequently asked questions of copyright and copyright in France
OWNERSHIP OF COPYRIGHT
Little recap of the most used techniques for proving ownership of copyright.Note that this Faq applies to the french system, which also happens to be one of the most complicated... but artists from any other countries will have to confirm the validity of these statements with thier authorities.
REGISTERING ARTWORK TO COPYRIGHT
- Société
Civile des Auteurs Multimédia (SCAM) Paris
8ème, 5 avenue Velasquez;
- Société des Auteurs dans les Arts Plastiques et Graphiques (ADAGP) Paris 8ème, 11 rue Berryer;
Authors' societies are vested with the power to provide "proof" at the same level as a judicial officer (bailiff or notary). It is a service that authors' societies make for their members (or non-members). But on a legal level it is simple proof, just as questionable as any other in the event of a dispute before a judge. It has no superior stength.
The point of registering is that you can file very large documents. In case of in case of collaborative work for example, all authors should be mentionned, and specify that the manuscript may be withdrawn only by a joint document signed by all co-authors, in order to prevent one of the co-authors from withdrawing from the registry and removing all evidence of collaboration.
- Société des Auteurs dans les Arts Plastiques et Graphiques (ADAGP) Paris 8ème, 11 rue Berryer;
Authors' societies are vested with the power to provide "proof" at the same level as a judicial officer (bailiff or notary). It is a service that authors' societies make for their members (or non-members). But on a legal level it is simple proof, just as questionable as any other in the event of a dispute before a judge. It has no superior stength.
The point of registering is that you can file very large documents. In case of in case of collaborative work for example, all authors should be mentionned, and specify that the manuscript may be withdrawn only by a joint document signed by all co-authors, in order to prevent one of the co-authors from withdrawing from the registry and removing all evidence of collaboration.
REGISTERING WITH A BAILIFF OR NOTARY
It is possible to register in this manner but is is very costly.
SENDING A REGITERED LETTER TO YOURSELF
The
idea is to
send to people of trust and/or to oneself via national mail, a
registered letter containing a copy of the concerned work. Upon reciept
of the letter it must not be opened. In the case of an authorship
conflict, the untouched envelope should be opened under the eyes of the
bailiff. The postal date can then be used as proof, so long as no
postal fraud is found.
THE "SOLEAU" ENVELOPE
The
SOLEAU envelope is sent to the "Institut National de la Propriété
Industrielle(INPI)".
This is a cheap, practical system which conveniantly has a state
garantee upon registery, so long as the INPI performs the registery.
This procedure requires a double envelope bought from the INPI, or from the court of commerce. The document we wish to protect must be inserted into each fold of the envelope(max 7p) and sent registered with reciept notification to the INPI via the nation mail service. The envelope is perforated at its arrival at the INPI, and is given a serial number One of the folds is returned to the sender, the other one is filed at the INPI for a period of five years which may be extended.
In case of problem within the five first years, the fold archived with the INPI is transmitted directly to the court judge.
All these Rights are recognised in France in the Code de la Propriété Intellectuelle (legislative: loi 92-597 du 1.7.92, reglamentory: décret 95-385 du 10.4.95) which repeals and replaces the laws of the 11.3.57 and of the 3.7.85.
This procedure requires a double envelope bought from the INPI, or from the court of commerce. The document we wish to protect must be inserted into each fold of the envelope(max 7p) and sent registered with reciept notification to the INPI via the nation mail service. The envelope is perforated at its arrival at the INPI, and is given a serial number One of the folds is returned to the sender, the other one is filed at the INPI for a period of five years which may be extended.
Renewable once by paying a fee of 10€.
After 10 years, the first fold is returned to the sender who must keep
it intact (as well as the second fold), as the letters proof value is
still valid in court in case of conflict.
In case of problem within the five first years, the fold archived with the INPI is transmitted directly to the court judge.
All these Rights are recognised in France in the Code de la Propriété Intellectuelle (legislative: loi 92-597 du 1.7.92, reglamentory: décret 95-385 du 10.4.95) which repeals and replaces the laws of the 11.3.57 and of the 3.7.85.
OTHER METHODS
-Document visa by the Police or the Commissioner of Police search
;
- Burning on CD-ROM or DVD-ROM non rewritable ;
- The registration date of the microfilm or microfiche by the Registration Service of the DGI (Direction Générale des Impôts) ;
-A patent application filed and then withdrawn before publication, kept in archives at the I.N.P.I., (for 25 years).
- Burning on CD-ROM or DVD-ROM non rewritable ;
- The registration date of the microfilm or microfiche by the Registration Service of the DGI (Direction Générale des Impôts) ;
-A patent application filed and then withdrawn before publication, kept in archives at the I.N.P.I., (for 25 years).
Source : Murielle Cahen