Copyright Protection and Data
Copyright Protection and Data
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COPYRIGHT - Reminder: intellectual property code (extracts):
Art. L.335-2. Any edition of writings, musical compositions, drawings of paintings or any other printed or engraved production in whole or in part, in disregard of the laws and regulations relating to the property of the authors, is an infringement; and any counterfeiting is a crime. Counterfeiting in France of works published in France or abroad is punishable by three years' imprisonment and a fine of 300,000 Euros. The sale, export and import of counterfeit works will be punished with the same penalties.
Art. L.335-3. Any reproduction, representation or distribution, by any means whatsoever, of an author's work in violation of the author's rights, as defined and regulated by law, is also an offense of counterfeiting. The violation of one of the rights of the software author is also an offense of counterfeiting.
Art. L.335-4. Any fixation, reproduction, communication or making available to the public, for payment or free of charge, or any telecast of a performance, of a phonogram (sound recording) is punishable by two years' imprisonment and a fine of 300,000 Euros. , a videogram (audiovisual work) or a program, produced without the authorization, when required, of the performing artist, the phonogram or videogram producer or the audiovisual communications company Is punished the same penalties apply to any import or export of phonograms or videograms carried out without the agreement of the producer or performing artist, when required.
Art. L.111-1. "The author of an intellectual work enjoys over this work, by the sole fact of its creation, an exclusive intangible property right enforceable against all. This right includes intellectual and moral attributes, as well as only heritage attributes "The intellectual property code therefore defines two components of copyright
Art. L.112-2. The protected works are: - books, brochures 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 sequences animated with images, with sound or not, collectively referred to as "audiovisual works" - works of drawing, painting, architecture, sculpture, engraving, lithography - graphic and typographic works - photographic works and those produced using techniques similar to photography - works of applied arts - illustrations, geographical maps - plans, sketches and plastic works relating to geography, topography, architecture and sciences - software, including preparatory design materials - creations of the seasonal clothing and adornment industries
Art. L.112-3. Authors of translation, adaptation, transformation or arrangement 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 who, through the choice and arrangement of materials, constitute intellectual creations. Moral rights moral rights mainly aim to allow 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 the right to disclose the work, to modify it, to define the conditions of exploitation, and the possibility of bringing together various works in a collection. It is under moral rights that we cite the author of a document. property rights property rights concern reproduction and representation rights (in particular television broadcasting) They belong to the author, who can transfer them free of charge and for a fee, (it is important to have a written record of a such assignment)
Art. L.122-4. Any representation or reproduction in whole or in part made without the consent of the author or his successors or assigns is unlawful. The same applies to translation, adaptation or transformation, arrangement or reproduction by any art or process.
Art. L.122-5. When a work has been disclosed, the author cannot prohibit - private and free representations carried out exclusively within the family circle - copies or reproduction strictly reserved for the private use of the copyist and not intended for collective use - Under provided that the name of the author and the source are clearly indicated. analyzes and short quotations justified by the critical, polemical, educational, scientific or informational nature of the work in which they are incorporated. press reviews. the dissemination, even in full, through the press, as current information, of speeches intended for the public delivered in administrative, judicial or academic political 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.
Art L112-1 of the IPC: The provisions of this code protect the rights of authors over all works of the mind, whatever their genre, form, expression, merit or destination.
Art L112-2 of the CPI: Are considered in particular as intellectual works within the meaning of this code:
1° Books, brochures and other literary, artistic and scientific writings;
2° Conferences, speeches, sermons, pleadings and other works of the same nature;
3° Dramatic or dramatico-musical works;
4° Choreographic works, circus acts and tricks, pantomimes, the implementation of which is fixed in writing or otherwise;
5° Musical compositions with or without words;
6° Cinematographic works and other works consisting of animated sequences of images, with or without sound, collectively referred to as audiovisual works;
7° Works of drawing, painting, architecture, sculpture, engraving, lithography;
8° Graphic and typographic works;
9° Photographic works and those produced using techniques similar to photography;
10° Works of applied arts;
11° Illustrations, geographical maps;
12° Plans, sketches and plastic works relating to geography, topography, architecture and sciences;
13° (L. n° 94-361 of May 10, 1994, art. 1) Software, including preparatory design material;
14° The creations of known industries