How do you protect your copyright?

We decided to write this article because many of you are confronted with the issue of copyright: often because of your logo, which is often an original graphic creation, and sometimes also in the context of your activity. For example, if you write a lot of content (web writers, trainers, web developers...), or if you are in the creative field (graphic designers, artists...). In France, as in many countries of the world, the copyright is born from the sole fact of the creation of the work. It is therefore imperative to be able to prove with certainty since when your copyright exists on the work in question. Moreover, how can you defend yourself when your work, or a part of your work, is taken over by a third party without authorization? Can you anticipate and prevent this type of infringement? The purpose of this article is to give you some information and tips on how to best protect your copyrighted works.

Who's involved? Which works are protected?

All works of the mind are potentially covered by copyright, provided they are original. This means that the work must bear the imprint of its author's personality, i.e. it must reflect "... the personality of the author...".his style, his personal way of seeing and conceiving." (Laure Marino, intellectual property law). Not all creations are automatically protected by copyright. It should be noted that any form of creation can be covered by a copyright: writings, drawings, paintings, music, choreographies, films, or even fashion shows...

Copyright, copyright... what's the difference?

Copyright is the equivalent of authors' rights in common law countries such as the United States, the United Kingdom and Australia. This term is often used in France, however it is not really used in our country. In the so-called copyright countries, there are official registers on which authors can register their rights, which is not the case in France. It is thus necessary to have recourse to other systems of proof, developed below.

How to constitute proof of copyright?

Until the development of more modern technologies, the registered mail technique was used, with the postmark as proof of the date of posting, sent to oneself and unopened. You could also deposit your work with a notary or a bailiff. The INPI also proposed the system of theSoleau envelope. Today, the development of the Internet allows existing methods to be modernized, or even new ones to be created (evidence on the blockchain, for example). The important thing is to have a time-stamping system that can be recognized as reliable before a judge. To date, one of the most proven techniques is time stamping by bailiffs, made much easier thanks to the internet since you can send your evidence directly online. On his website Copyright.euDatasure offers this type of service. This electronic time-stamping is recognized in a large number of countries, by administrative and judicial jurisdictions.

How can you prevent infringement of your copyright?

Prevention is the best defense because it allows you to avoid having your work taken over by third parties. Indeed, it is necessary to assume that not all copying is ill-intentioned. It is often a question of ill-informed people who do not have a broad knowledge of copyright. These people take over works without realizing that they are infringing a copyright. The first thing to do is to inform the public about the existence of a copyright. For example, by indicating this on materials that are distributed to others (e.g., in training courses). Another possibility is to use the acronyms ©, ® or ™. These acronyms have no legal value in France because they originate in Anglo-Saxon countries. However, they are used enough that, in the public mind, they refer to a form of protection by intellectual property. © stands for "copyright", ® for "registered" and ™ for "trademark". The latter two acronyms are used exclusively for trademarks, and are used to draw attention to the fact that they are protected or that the owner wishes to protect them. To learn more about these symbols.

How to react to an infringement of your rights?

The strategy may vary depending on the case. In a simple case, where there does not seem to be any dishonest intent, it is often best to contact the other party and attempt an amicable resolution. Usually, the reproduced content is removed. In more complex cases (for example, the work is reproduced commercially and distributed in a large number of copies), or in cases of obvious dishonest intent, it is preferable to resort to a law professional to accompany you. The latter will be able to offer you a complete strategy of action. If the dispute must go to court, a lawyer will be essential. In any case, it will be absolutely necessary to have a proof of your right. Otherwise, you will not be able to take any action.