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Art. L.335-2. Any publication of writings, musical compositions, drawings, paintings or any other printed or engraved production in whole or in part, in defiance of the laws and regulations relating to authors’ property, is an infringement; and any infringement is an offence. Counterfeiting in France of works published in France or abroad is punishable by three years’ imprisonment and a fine of 300,000 Euros. The same penalties apply to the sale, export or import of counterfeit works.
Art. L.335-3. Any reproduction, representation or distribution, by any means whatsoever, of a work of the mind in violation of the author’s rights, as defined and regulated by law, is also an infringement of copyright. It is also an offence to infringe any of the rights of the author of software.
Art. L.335-4. Any fixation, modification or use of software is punishable by two years’ imprisonment and a fine of 300. 000 euros for any fixation, reproduction, communication or making available to the public, whether in return for payment or free of charge, or any broadcasting of a performance, a phonogram (sound recording), a videogram (audiovisual work) or a program, without the authorization, where required, of the performer, of the phonogram or videogram producer or of the audiovisual communication company The same penalties apply to any import or export of phonograms or videograms without the consent of the producer or the performer, where required.
Art. L.111-1. “The author of a work of the mind enjoys, by the sole fact of its creation, an exclusive intangible property right which is enforceable against all. This right comprises attributes of an intellectual and moral nature, as well as attributes of an economic nature” The Intellectual Property Code therefore defines two components of copyright
Art. L.112-2. Protected works are :
- books, pamphlets and other literary, artistic and scientific writings ;
- conferences, speeches, sermons and pleadings
- dramatic or dramatico-musical works
- choreographic works, circus acts and tricks, pantomimes
- musical compositions with or without words
- cinematographic works and other works consisting of animated sequences of images, with or without sound, collectively referred to as “audiovisual works”.
- works of drawing, painting, architecture, sculpture, engraving and lithography
- graphic and typographic works – photographic works and works produced using techniques similar to photography
- works of applied art
- illustrations, maps
- plans, sketches and plastic works relating to geography, topography, architecture and science
- software, including preparatory design material
- creations from the seasonal clothing and ornament industries.
Art. L.112-3. Authors of translations, adaptations, transformations or arrangements of intellectual works enjoy the same protection, without prejudice to the rights of the author of the original work. The same applies to authors of anthologies or collections of works whose selection and arrangement of subject matter constitute intellectual creations. Moral rights Moral rights are primarily intended to enable an author to be recognized as such. It is attached to the person of the author, inalienable, imprescriptible, and transmissible to heirs. This right allows disclosure of the work, modification of it, definition of the conditions of exploitation, and the possibility of combining various works in a collection. It is under moral rights that the author of a document is cited. economic rights economic rights concern the rights of reproduction and representation (in particular television broadcasting). They belong to the author, who can transfer them free of charge or for a fee (it is important to have a written record of such a transfer).
Art. L.122-4. Any representation or reproduction in whole or in part without the consent of the author or his successors in title or assigns is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process whatsoever.
Art. L.122-5. When a work has been disclosed, the author may not prohibit – private and free representations made exclusively within the family circle – copies or reproductions strictly reserved for the private use of the copier and not intended for collective use – provided that the name of the author and the source are clearly indicated . analyses and short quotations justified by the critical, polemical, pedagogical, scientific or informative nature of the work in which they are incorporated . press reviews . dissemination, even in full, via the press, for topical information purposes, of speeches intended for the public made in political, administrative, judicial or academic assemblies, as well as in public meetings of a political nature and official ceremonies. – parody, pastiche and caricature, taking into account the laws of the genre.