Copyright ©: definition and difference with copyright

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What is copyright?

Copyright refers to the monopoly of exploitation that a natural or legal person has over a work. Copyright is most often indicated by this symbol ©. This Copyright logo may also be additionally accompanied by notices such as All rights reserved or Any reproduction prohibited. These mentions allow the author to inform third parties that a deposit has taken place and that his work is protected by copyright.

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What is the difference between copyright and copyright?

Although the Berne Convention has harmonized the protection of literary and artistic works between its member states, author’s rights and Copyright can be distinguished.

Copyright, as its name suggests, is mainly applied in the Anglo-Saxon countries known as Common Law (United Kingdom, United States, Australia, etc.), but its use in France has multiple interests with regard to the literary and artistic property as for the industrial property (designs & models, brand, patent). Copyright applies in civil law countries, mainly in France. Copyright only protects the work and offers purely economic protection. Copyright, on the other hand, applies in civil law countries, mainly in France. Copyright is a moral right and therefore protects the work while respecting the spirit of the author. In particular, it makes it possible to recognize the paternity of the author of a work and prevents the free adaptation of it without the prior agreement of the author.

The difference is not so much in the protection as in the philosophy of these two legal tools. Copyright protects the author’s economic investment more than his attachment to the work, i.e. his moral rights. This is why it is particularly important to register a copyright to protect your works as a whole.

Legal value of copyright in France and around the world

In France, the Copyright associated with the famous symbol ©, used in Anglo-Saxon countries, has no legal value. En France, le Copyright associé au fameux symbole ©, utilisé dans les pays anglo-saxons, n’a pas de valeur juridique.

At the international level, the Berne Convention created in 1986 ensures the protection of works in 180 countries. In this way, the copyright that protects a work in France is valid in each of the signatory countries of this convention. While this significantly simplifies the procedures related to the protection of literary or artistic works outside France, the application of the Berne Convention has its own limits.

On the one hand, it is sometimes difficult to prove authorship of a work by invoking copyright alone. Indeed, since copyright applies by default and no formality is necessary, the date of creation of a work is sometimes difficult to prove. On the other hand, copyright only applies to works of the mind. It does not protect trademarks, designs or models. These elements must imperatively be protected by other means. These longer formalities must be completed with the INPI.

To benefit from legal protection in France and at the international level, it is therefore wise to make a copyright deposit legally valid on the national territory, as is the case for that proposed by Fidealis. Thanks to this solution, you will be able to register, secure and very easily prove your paternity on your creations, whatever their nature: logo, brand, design, model, algorithm, idea or concept…

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