Reproduction refers to the act of copying, imitating or materialising in an identical or equivalent form a work of the mind, a design or any other object protected by intellectual property rights. It constitutes one of the fundamental economic rights of the author or right holder, enabling them to control the use and exploitation of their creation.
Legal references:
- Copyright: any reproduction of a work (literary, musical, artistic, software, etc.) requires the author’s permission, except in cases where legal exceptions apply (private copies, quotations, parodies, etc.). Article L.122-2 of the Intellectual Property Code (CPI) provides that ‘the author enjoys the exclusive right to exploit their work in all its forms, including the right of reproduction’.
- In design law, article L.521-1 of the CPI protects the owner against unauthorised reproduction, in whole or in part, of their protected design, which may give rise to infringement proceedings if done without authorisation.
- In trademark law, unauthorised reproduction constitutes an act of infringement. Article L.713-2 of the CPI provides that ‘the reproduction, use or affixing of a trademark, as well as the use of a reproduced trademark for goods or services identical to those designated in the registration, is prohibited without the authorisation of the trademark owner.’
- Patents: although the term ‘reproduction’ is less common, unauthorised copying of a protected invention constitutes a violation of the exclusive right of the owner.
There are exceptions to these principles. Certain reproductions are authorised by law, for private use or quotation, in accordance with Articles L.122-5 of the CPI, which provides for exceptions to copyright.
The concept of reproduction is at the heart of the legal protection of creations, as it preserves the economic and moral rights of authors and inventors, defends creations against counterfeiting, and enhances the value of intangible assets.