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...).
Copyright in France, as in many countries around the world, is created by the mere fact of the creation of the work. It is therefore imperative to be able to prove with certainty how long your copyright has existed on the work in question.
Furthermore, how can you defend yourself when your work, or part of your work, is taken over by a third party without authorization? Can you anticipate and prevent this type of counterfeiting?
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). All creations are therefore not automatically protected by copyright.
Note that any form of creation can be covered by copyright: writings, drawings, paintings, music, choreographies, films, or even fashion shows...
Copyright, copyright... what's the difference?
Copyright is the equivalent of copyright in "common law" countries such as the United States, the United Kingdom or Australia.
This term is often used in France, however it is not really used in our country.
In so-called copyright countries, there are official registers on which authors can register their rights, which is not the case in France. It is therefore 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 makes it possible to modernise existing methods, or even to create new ones (evidence on the blockchain, for example). The important thing is to benefit from a time-stamping system that can be recognised as reliable before a judge.
To date, one of the most proven techniques is time stamping by bailiffs, made much simpler thanks to the internet since you can send your evidence directly online. On his site 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 defence since it prevents your works from being taken over by third parties. It is important to assume that any repossession is not ill-intentioned. They are often ill-informed people who do not have extensive knowledge of copyright. They take over works without realizing that they are infringing copyright.
The first thing to do is to inform the public about the existence of copyright. For example, by indicating it on materials that are distributed to third parties (e.g. in the context of training courses).
Another possibility is to use the symbols ©, ® or ™. These acronyms have no legal value in France because they come from Anglo-Saxon countries. However, they are sufficiently used that, in the public mind, they refer to a form of intellectual property protection. © means "copyright", ® "registered" and ™ "trademark". These last two acronyms are used exclusively for trademarks, and serve 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 from case to case. In a simple case, where there appears to be no dishonest intent, it is often best to contact the other party and attempt an amicable resolution. In general, this usually results in the removal of the reproduced content.
In more complex cases (e.g., the work is commercially reprinted and distributed in large numbers), or in cases of obvious dishonest intent, it is preferable to use an 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 indispensable.
In any case, it will be absolutely necessary to have constituted proof of your right. Otherwise, you will not be able to take any action.