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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Guide to Copyright in France: Business, Internet and Litigation

ISBN13: 9789041152879
Published: November 2014
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £100.00

Despatched in 4 to 6 days.

Although the rudiments of copyright law in France, as elsewhere, derive from the Berne Convention, French law has developed in intricate ways that will be unfamiliar and unpredictable to lawyers from other countries.

Given the universal accessibility of copyrighted material due to Internet transmission, intellectual property lawyers everywhere require a dependable source of information and guidance on how to handle copyright matters in this important jurisdiction.

This thoroughly practical book supremely fills that need. From precise details on which laws apply in virtually any situation to specifics of litigation procedure, the author covers the entire field of copyright and neighbouring rights in France. All types of works protected by copyright are covered, including the following:-

  • literary, scientific, and technical writings;
  • musical works;
  • photographs;
  • audiovisual works;
  • adaptations and translations;
  • scenography and stageplay;
  • clothing and fashion;
  • video games and multimedia works;
  • websites;
  • compilations, anthologies, and databases;
  • computer programs;
  • transmission of sporting events;
  • foreign works and authors; and
  • performances.
The book examines the various French codes relevant to copyright, applicable EU law and conventional international law, and the case law that is frequently invoked in litigation. There is useful guidance on navigating the Legifrance website, as well as web links throughout the book to crucial passages in legislation and case law.

The operations of collecting societies and public administrative organisations are fully set forth. A particularly valuable feature of the book is its detailed description of procedural considerations – legal deposit, evidence of originality, automatic assignments, calculation of remuneration, VAT payable on royalties, interim injunctions, appeal, costs of actions, evidence-securing on the Internet, and much more. Liability issues – especially concerning Internet users, Internet service providers, and hosting sites – are also covered in depth.

Additional useful features include several model agreements and dictionaries listing French and English equivalents of terminology. The author offers practical and knowledgeable recommendations throughout, including what to take into account before starting a copyright infringement case in France. Every intellectual property lawyer should have this book. As the only book to treat copyright law in France in such depth, it is sure to be regularly consulted by academics and by public authorities dealing with competition and intellectual property

Intellectual Property Law, European Jurisdictions, France
About the Author.
List of Abbreviations.
English-French Dictionary.
French-English Dictionary.

CHAPTER 1 Subsistence of Copyright and Neighbouring Rights.
CHAPTER 2 Ownership.
CHAPTER 3 Moral Rights.
CHAPTER 4 Economic Rights.
CHAPTER 5 Exploitation and Contracts.
CHAPTER 6 Litigation.