The author of a work of the mind shall enjoy in that work, by the mere fact of its creation, an exclusive incorporeal property right which shall be enforceable against all persons. This right shall include attributes of an intellectual and moral nature as well as attributes of an economic nature, as determined by Books I and III of this Code. The existence or conclusion of a contract for hire or of service by the author of a work of the mind shall in no way derogate from the enjoyment of the right afforded by the first paragraph above.
A work shall be deemed to have been created, irrespective of any public disclosure, by the mere fact of realization of the author's concept, even if incomplete.
The provisions of this Code shall protect the rights of authors in all works of the mind, whatever their kind, form of expression, merit or purpose.
(Act No. 94-361 of 10 May 1994 art. 2 Official Journal of 11 May 1994)
The following, in particular, shall be considered works of the mind within the meaning of this Code:
- books, pamphlets and other literary, artistic and scientific writings;
- cinematographic works and other works consisting of sequences of moving images, with or without sound, together referred to as audiovisual works;
- works of drawing, painting, architecture, sculpture, engraving and lithography;
- graphical and typographical works;
- photographic works and works produced by techniques analogous to photography.
Authorship shall belong, unless proved otherwise, to the person or persons under whose name the work has been disclosed.
An author shall enjoy the right to respect for his name, his authorship and his work. This right shall attach to his person. It shall be perpetual, inalienable and imprescriptible. It may be transmitted mortis causa to the heirs of the author. Exercise may be conferred on another person under the provisions of a will.
The author alone shall have the right to divulge his work. He shall determine the method of disclosure and shall fix the conditions thereof, subject to Article L132-24.
The right of exploitation belonging to the author shall comprise the right of performance and the right of reproduction.
Performance shall consist in the communication of the work to the public by any process whatsoever, particularly:
- public recitation, lyrical performance, dramatic performance, public presentation, public projection and transmission in a public place of a telediffused work;
- telediffusion. Telediffusion shall mean distribution by any telecommunication process of sounds, images, documents, data and
messages of any kind. Transmission of a work towards a satellite shall be assimilated to a performance.
Reproduction shall consist in the physical fixation of a work by any process permitting it to be communicated to the public in an indirect way. It may be carried out, in particular, by printing, drawing, engraving, photography, casting and all processes of the graphical and plastic arts, mechanical, cinematographic or magnetic recording. In the case of works of architecture, reproduction shall also consist in the repeated execution of a plan or of a standard project.
(inséré par Loi nº 2006-961 du 1 août 2006 art. 4 I Journal Officiel du 3 août 2006)
Dès lors que la première vente d'un ou des exemplaires matériels d'une oeuvre a été autorisée par l'auteur ou ses ayants droit sur le territoire d'un État membre de la Communauté européenne ou d'un autre État partie à l'accord sur l'Espace économique européen, la vente de ces exemplaires de cette oeuvre ne peut plus être interdite dans les États membres de la Communauté européenne et les États parties à l'accord sur l'Espace économique européen.
Any complete or partial performance or reproduction made without the consent of the author or of his successors in title or assigns shall be unlawful. The same shall apply to translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever.
(inséré par Loi nº 2006-961 du 1 août 2006 art. 1 III Journal Officiel du 3 août 2006)
L'auteur est libre de mettre ses oeuvres gratuitement à la disposition du public, sous réserve des droits des éventuels coauteurs et de ceux des tiers ainsi que dans le respect des conventions qu'il a conclues.
(Act No. 97-283 of 27 Mars 1997 art. 5 Official Journal of 28 Mars 1997 in force on 1 July 1995)
The author shall enjoy, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to derive monetary profit therefrom.
On the death of the author, that right shall subsist for his successors in title during the current calendar year and the 70 years thereafter.
The publisher shall be required to manufacture the work or have it manufactured under the conditions, in the form and according to the modes of expression laid down in the contract.
He may not make any modification to the work without the written authorization of the author.
Unless otherwise agreed, he shall place on each of the copies the name, pseudonym or symbol of the author.
In the case of a commissioned work used for advertising, the contract between the producer and the author shall imply, unless otherwise stipulated, assignment to the producer of the exploitation rights in the work on condition that the contract specify the separate remuneration payable for each mode of exploitation of the work as a function, in particular, of the geographical area, the duration of exploitation, the size of the printing and the nature of the medium.
(Act No. 94-102 of 5 February 1994Article 1 Official, Journal of 8 February 1994)
(Act No. 98-536 of 1 July 1998, Article 4 Official Journal of 2 July 1998)
(Order No. 2004-916 of 19 September 2000, Article 3, Official Journal of 22 September 2000, in force1 January 2002)
(Act No. 2004-204 of 9 March 2004, Article 34 I, Official Journal of 10 March 2004)
Any edition of writings, musical compositions, drawings, paintings or other printed or engraved production made in whole or in part regardless of the laws and regulations governing the ownership of authors shall constitute an infringement. Any infringement shall constitute an offence.
Infringement in France of works published in France or abroad shall be liable to a three-year imprisonment and a fine of ¤ 300.000.
The sale, exportation and importation of infringing works shall be subject to the same penalties.
Where offences provided for by this Article are committed by an organised criminal group, the penalties will be increased to five-year imprisonment and a fine of euros 500.000.
(Act No. 94-361 of 10 May 1994 art. 8 Official Journal of 11 May 1994)
(Act No. 98-536 of 1 July 1998 art. 4 Official Journal of 2 July 1998)
Any reproduction, performance or dissemination of a work of the mind, by any means whatsoever, in violation of the author's rights as defined and regulated by law shall also constitute an infringement.