Packaging, logos, molds, advertising campaigns, conferences, musical compositions, illustrations, websites, software, databases, …. Copyright covers all original creations that reflect the personality of their author(s).
Copyright is acquired without the need for formal registration. Protection arises solely from the creation of the work, whatever its genre, merit or purpose.
Although no filing formalities are required for copyright to be granted, to be protected a work must meet the condition of originality. Originality is assessed when the work bears “the stamp of its author’s personality”.
Despite this lack of formalism, it is necessary to build up evidence that cumulatively establishes the link between the author, the work and the date of creation. This can be done by various means, including time-stamping.
In addition, copyright comprises both economic and moral attributes:
- Moral rights: The author’s moral rights include, for example, the right to respect and integrity of his work, and to oppose any distortion and/or mutilation of it. The author can also withdraw the work from the market or rework it. You can thus oppose any use that would distort your work, or claim that your name be mentioned(authorship). This moral right is perpetual, imprescriptible and inalienable. You cannot, therefore, assign it.
- Economic rights: Economic rights include the right of reproduction(physical fixation of the work on a medium), the right of representation(communication of the work) and the right of adaptation(change of color, format, medium, translation, etc.). These rights are transferable and granted for a defined period: up to 70 years after the death of the author, or 70 years from disclosure for collective works(belonging to a legal entity).
As a matter of principle, the individual author holds the copyright to his work. As a result, he or she can control any use made of the work by third parties, and receive any associated remuneration.
Copyrights add value to your company and give you a significant competitive edge.
In combination with other intellectual property assets such as trademarks and designs, they are a valuable asset.
Regimbeau has particular expertise in copyright, and can offer you a comprehensive range of services to secure, evaluate and exploit your intellectual property assets.
