Literary and artistic property
Literary and artistic property rights, along with industrial property, is one of the components covered by the framework of intellectual property.
It allows any work of the mind to be protected. We will look at the characteristics of literary and artistic property and the conditions of this protection.
Definition and characteristics of literary and artistic property
In France, literary and artistic property includes both the rights of the author and neighboring rights.
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Copyrightcan be defined as the set of exclusive prerogatives that a creator has over their work and consists of:
- Economic rights that are linked to the work and allow the author to decide the conditions on the exploitation of their work.
- Non-patrimonial or moral rights that are linked to the author's personality and give them the right to disclose their work, to request its withdrawal or to claim authorship and the right of respect for the work itself.
While the author's economic rights over his work have a time limit which in France is up to 70 years after the author's death, the moral rights are perpetual, inalienable and imprescriptible.
Neighboring rights, however, refer to all the moral and economic rights granted to people who are not authors of the work but who are related to it.
These can be performers, phonogram or videogram producers or audiovisual communication companies.
Beneficiaries of neighboring rights have an exclusive right to authorize or prohibit the exploitation of their service and to receive remuneration.
Protection ofaesthetic creations
Not all work can be protected by copyright. For the literary and artistic property code to protect work, it must be original and express the personality of its author. Once proof of this originality has been provided, the work is protected from the moment of creation and by the mere fact of its creation, Article L 111-1 of the Intellectual Property Code.
How can literary and artistic works be protected?
To protect work from third parties, the author must also be able to prove the date of the artistic creation. Which is why we recommend that you use our copyright registration system in order to protect your work in the event of an infringement, content plagiarism, parasitism or unfair competition.