Protect and defend copyrights
What is copyright?
The purpose of copyright is to protect an intellectual creation, for example text, music, fashion creations, designs, software, etc. There is no limit as regards the form of expression of the work, the genre, the merits or intended purpose of the work.
However, the work must be original to benefit from copyright protection. It must bear the imprint of its author’s personality.
Copyright arises from the sole fact of creating the work without any formality.
It comprises two types of rights:
- Property rights: they include the right of reproduction which allows the author to authorize or prohibit the reproduction of the work on certain media and the right of representation which allows to authorize or prohibit the communication of the work to the public. The property rights last 70 years beyond the death of the author, according to French law.
- Moral rights: they include the right of disclosure, the right to respect for the work, the right to claim authorship and the right of withdrawal and repentance. They are inalienable, perpetual and imprescriptible.
Although no formalities are required for a copyright to be recognized, it is however recommended to be able to certify the date of creation in case of dispute. Several methods are available and we are at your disposal for any advice.
In France, the principle of cumulation of protection makes it possible to benefit from both protection via the design and via copyright if the work has the required qualities.
Specialists to support you in these steps
BRANDON IP’s experts help you determine whether the creation can be protected by copyright and if so, advise you on the gathering of evidence regarding authorship.
Our attorneys have a strong experience in this area and are aware of developments in case law which makes them privileged contacts to fully understand your needs and advise you as best as possible in terms of protection and use of your creations, whatever the fields of application.
Lastly, we are able to assist you in the event of a conflict with a third party, to sue or defend whether in the context of an infringement action or amicable negotiations to consider any transactional approach related to pre-litigation procedures or legal action.
Our attorneys assist you with the following services:
Acquisition and preservation of your copyrights:
- Implementation of a protection strategy
- Gathering evidence of a copyright
- Renewal (in case of filing)
Defense of your rights:
- Legal opinion
- Proposal and management of pre-litigation
- Organisation of infringement seizure
- Lawsuit for infringement, unfair competition and others in partnership with specialized lawyers
Valuation of your intellectual property rights:
- Negotiation and drafting of contracts (transfer, license, coexistence agreement and others)
- Advice in rights management
- Financial valuation study of rights portfolio with our partner firm Brandon Valorisation.
Contact us for any question about copyrights.
Experts in intellectual property in France and worldwide
Since 1866, Brandon IP, formerly known as Blétry Frères, has supported its clients in protecting and defending their intellectual property rights. It is one of the oldest industrial property firms in France – if not the oldest. We support companies of all sizes and project holders in securing their inventions with customized services that are as close as possible to their needs.
The firm is a member of several international professional associations and relies on an large network of correspondents across the globe.
As a guarantee of our expertise, Brandon IP is ranked among the best French IP law firms by Décideurs Magazine (Leaders League).
Meet our team here: www.brandon-ip.com/your-contacts/
To learn more about our services, please contact our teams.