In principle, a work is protected by the mere fact of its creation, it requires no registration with an administrative Office such as INPI or EUIPO.
What is protected by copyright
Referring to the provisions of Article L. 112-2 of the Intellectual Property Code, copyright can benefit any type of work, namely :
1° Books, brochures and other literary, artistic and scientific writings;
2° Lectures, speeches, sermons, pleadings and other works of the same nature;
3° Dramatic or dramatico-musical works;
4° Choreographic works, circus acts and tricks, pantomimes, the execution of which is fixed in writing or otherwise;
5° Musical compositions with or without words;
6° Cinematographic works and other works consisting of animated sequences of images, with or without sound, together referred to as audiovisual works;
7° Works of drawing, painting, architecture, sculpture, engraving, lithography;
8° Graphic and typographic works;
9° Photographic works and those produced using techniques analogous to photography;
10° Works of applied arts;
11° Illustrations, maps;
12° Plans, sketches and plastic works relating to geography, topography, architecture and sciences;
13° Software, including preparatory design material;
14° Creations of seasonal clothing and finery industries: sewing, fur, lingerie, embroidery, fashion, shoes, gloves, leather goods, manufacture of high novelty fabrics or special for haute couture, productions of finery makers and bootmakers and furnishing fabric factories.
However only original works are subject to copyright protection.
The condition of originality is truly the essential condition to take into consideration and it must be demonstrated to a judge if a dispute arises.
To do this, an original work is one that reflects the personality of its author and is the result of a personal creative process. It is not about saying the work is new, but rather that it is different by its own characteristics.
Also, a work that resembles a previous work, differing only by minimal details, could be denied the quality of an original work.
Therefore, for a work to be protected, it will be necessary to demonstrate how it is original.
Note that copyright only protects a work of the mind through its form and not before the stage of its conception. An idea is not protected by copyright.
Consequently, it is important to keep any evidence of the completion of a work in order to be able to later demonstrate its authorship.
How to date a work?
In order to give a date to a work and thus determine who the rights holder is, various methods should be used:
- The SOLEAU envelope. It is a double envelope, one of which is kept by the INPI and the other returned to the person who wished to date their work.
The SOLEAU envelope contains a description or a reproduction of the work. The envelope cannot contain objects such as a CD, a USB key or any other element that could prevent the INPI from perforating the envelope.
The envelope costs 15 euros and it exists in digitized form.
- Filing under bailiff control. Any type of document (even digital media) can be filed with the bailiff and this filing confers a certain date to the creation.
Note that the cost is higher since it will be between 100 and 500 euros depending on the bailiff.
- Timestamping by private companies. These companies offer to date and digitally preserve evidence of creation (Fidealis, eauteur).
Note that these timestamps do not confer any intellectual property rights, but only allow a faithful proof of the work to be kept and confer a certain date.
– Filing with an authors’ society. Collective management societies allow their members to file a work with them. The cost and duration of the deposit vary by society (SGDL, SACD, SCAM, SNAC, APP).
– Sending oneself a registered letter. This method is the least expensive of all since it consists of sending oneself a letter containing a copy of the created work.
The acknowledgment of receipt sticker must well cover the flap of the envelope to eliminate any doubt and any risk of modification of its content.
Note that it is essential that the envelope remains well sealed and that it is not opened without the presence of a bailiff or a magistrate.
The sending of the registered letter can be done electronically and a computer trace of the contents of the envelope can be a real advantage.
After filing?
The work is protected throughout the author’s life and extends to 70 years after their death.
.
