Connaitre ses droits

Copyright protected works

Last Updated on Sunday, 22 May 2011 08:44 Written by Administrator Sunday, 10 August 2008 23:13

Art. L. 123-1. - The author has, throughout his life, the exclusive right to exploit his work in any form whatsoever and to derive monetary profit. (Paragraph replaced, L. No. 97-283, March 27, 1997, s. . 5) Upon the death of the author, this right shall subsist for his successors during the current calendar year and seventy years thereafter.

Art. L. 123-2. - For the works of collaboration, the calendar year taken into consideration is that the death of the last surviving author. (Paragraph created L. No. 97-283, March 27, 1997, art. 6) For audiovisual works, the calendar year taken into consideration is that the death of the last surviving author: the author of the script, the author of the dialogue, the author of the musical compositions with or without words specifically composed for the work, the principal director.

Art. 145L. 123-3 (Replaced, L. No. 97-283, March 27, 1997, art. 7). - For works pseudonymous, anonymous or collective, the duration of the exclusive right shall be seventy years from 1 January of the calendar year following that in which the work was published. The publication date is determined by any mode of proof of common law, including the legal deposit. If a work pseudonymous, anonymous or collective work is published in installments, the period runs from 1 January of the calendar year following the date on which each item was published. When the author of anonymous or pseudonymous works became known, the duration of exclusive right is provided for in Articles L. 123-1 or L. 123-2. The provisions of the first and second paragraphs shall apply only to works pseudonymous, anonymous or collective works published during the seventy years following the year of their creation. However, when a work pseudonymous, anonymous or collective work is disclosed on the expiry of the period mentioned in the preceding paragraph, the owner, by inheritance or other securities, which shall carry out the publication enjoys an exclusive twenty-five years from 1 January of the calendar year following that of publication.

Art.L. 123-4. - (Paragraph replaced, L. No. 97-283, March 27, 1997, art. 8) For posthumous works, the duration of exclusive right is provided for in Article L. 123-1. For posthumous works disclosed after the expiry of this period, the duration of the exclusive right shall be twenty-five years from 1 January of the calendar year following that of publication. The right of exploitation of posthumous works belongs to the heirs of the author if the work is disclosed during the period provided for in Article L. 123-1. If the disclosure is made on expiry of this period, it is for homeowners, estate or other securities of the work, carrying out or have carried out the publication. Posthumous works shall be published separately, except where they constitute only a fragment of a work previously published. They can be attached to works previously published by the same author that if the heirs of the author still enjoy them the right to use.

Art. 148L. 123-6. - During the period provided for in Article L. 123-1, the surviving spouse, against whom no one judgment that has become final separation, benefits, whatever the matrimonial regime and independent rights (Words replaced from 1 July 2002, L . No. 2001-1135, December 3, 2001, art. 15, 25 and IV, I) "that holds articles 756 to 757-3 and 764 to 766" of the Civil Code of the other assets of the estate, of the usufruct of the exploitation right which the author has not prepared. However, if the author allows heirs to reserve the usufruct is reduced in favor of the heirs, according to the proportions and distinctions laid down by the (words replaced with effect from 1 July 2002, L. No. 2001-1135, December 3 2001, art. 15, 25 and IV, I) "sections 913 and 914" of the Civil Code. This right is extinguished if the spouse remarries.

Art.L. 123-7. - After the death of the author, the resale right referred to in Article L. 122-8 exists for the benefit of his heirs, and for the usufruct laid down in Article L. 123-6, spouse, to the exclusion of all legatees and assigns, during the current calendar year and (word replaced, L. No. 97-283, March 27, 1997, art. 9) "sixty and ten "years.