Public Domain In Intellectual Property Law French
In the law of intellectual property , the public domain is a status which are placed under the intellectual property (works, inventions ...) for which, on completion of their term of protection, it is no longer necessary to seek an operating permit whatever. We then say they are "fallen into the public domain" or a more neutral "entered the public domain."
Applied to music, each performance is a distinct intellectual property of the work performed.
Inventions patented were protected for twenty years from the date of filing the application. The trademarks are protected for ten years after their introduction, this period is renewable indefinitely.
Summary |
The full code of intellectual property is available here.
When the work between she in the public domain?
Article L.123-1 of the Intellectual Property Code states: "The author has, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to reap the financial benefit. Upon the death of the author, this right shall subsist for his successors for the current calendar year and seventy years thereafter. .
Unlike other jurisdictions (such as the United States), it is not technically possible to put a work voluntarily in the public domain, the author can not legally assign all rights, including moral rights, which has inalienable character. Some licenses, such as license CC0 , trying to get as close as possible to the public domain, to waive many rights as permitted by law.
Extensions
For music only, in addition to time extensions related to world wars. (Art. L. 123-8 CPI and 9)
Another extension is applied when the author died for France and is a period of thirty years. (Art. L. 123-10 of the CPI).
Posthumous Works
Section L. 123-4 also states: "For posthumous works, the duration of exclusive right is laid down in Article L. 123-1. For posthumous works disclosed after the expiry of that period, the duration of the exclusive right shall be twenty-five years with effect from 1 January of the calendar year following that of publication. "
This concerns the literary and artistic works (texts, books, music, drawings, paintings ...) but neither interpretation nor the films that are subject to special rules.
When interpreting between does in the public domain?
The interpretation of a work (for an orchestra, for example) that owns the intellectual property code called "neighboring rights" (Articles L. 211-1 et seq.)
Are protected rights:
- The interpretation of the work (for performers)
- The first fixation of the phonogram or video (for producers of phonograms and video recordings)
- The first public communication programs (for audiovisual communication companies).
These rights have to performers (actors, musicians, singers ...) and producers (records, films). Their duration is 50 years of interpretation, the first fixation of the performance, the first publication of the first fixation. Transfers from one audio or video to other media and the restoration or rescanning of an old recording do not open a new period of 50 years of rights (only the first fixation or publication counts).
The violation of rights is subject to civil and criminal penalties
The law punishes by imprisonment of 3 years and 300 000 euros fine any fixation, reproduction, communication or making available to the public, with or without charge, or broadcast of a performance, phonogram, a video or a program without authorization, where required, the copyright holder (CPI, art L.335-4). The importation or exportation of phonograms or video recordings made without the permission of the copyright owner is liable to the same penalties (CPI, art L.335-4).
See also
External Links
- (En) Code of Intellectual Property (France), the legislative provisions
- (En) Code of Intellectual Property (France), Regulatory Part - Council of State decrees
- (En) Site dedicated to the public domain
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