Photography is considered a work of the mind. It is as such protected by the Code of Intellectual Property (CPI)


Photography in danger !

– misuse of the word DR (All rights reserved), an article Professional Photographer Cyril Bruneau.

– The price for a picture with the Professional Photographer Arnaud Frich.

Témoignage d’un Photographe « Olivier »:

not paid = no images, that is my philosophy

He tries all ... But after a while they understand, or not ... in this case should not seek !

I made advertising campaigns 4m x 3m, lollipops bus shelters, Vehicles posters etc.. (paid costs UP, and with my credit top)

It never told me no guest. As against this made me gain a lot of euros, that allowed me to buy equipment, and access to social benefits, and live for some time until a new customer strikes at my door.

>> So do not believe, because you have your name on a publication, you will have many new customers !
>> Better to be paid as chasing virtual client,

>> better to do nothing than to be exploited for nothing.


** Source UP logo-UPP_rouge Droit d'Auteur And save Photography !

« The mouth foutage«

** Is to ask the author a surrender to "the legal term of copyright" (This corresponds to ask for a transfer period extending 70 years after his death).

** Propose to the author of the conditions of production and disposal that do not correspond to the market price, or a just remuneration for work and dissemination, enjoying a dominant and often unbalanced position.
** Scales of the Profession: Indicative scales assignment of rights for existing works that have developed over the years to today constitute a notebook of thirty pages. Updated and enriched with new items each year.
The scales of the UPP is the only reference document in case of dispute to the courts.


Copyright

CHAPTER 1 – Nature of Copyright
Article L. 111-1 The author of a work of the spirit enjoys on this work, the mere fact of its creation, a right of exclusive incorporeal property against all persons. This right shall include attributes of an intellectual and moral as well as patrimonial attributes, which are determined by Books I and III of this Code. The existence or conclusion of a contract for hire or of service by the author of a work of the mind no way derogate from the enjoyment of the right recognized by paragraph 1.
Article L. 111-2 The work is deemed to be created, irrespective of any public disclosure, the mere fact of carrying, even unfinished, the design of the author.
Article L. 111-3 The incorporeal property defined by’article L. 111-1 is independent of the ownership of the material object. The buyer of this object is invested, because of that acquisition, none of the rights provided by this Code, except as provided by the provisions of the second and third paragraphs of’article L. 123-4. These rights remain in the person of the author or his heirs who, However, may not require the owner of the material object the making available of this item for the exercise of said rights. However, in case of manifest abuse by the owner prevents the exercise of the right of disclosure, the district court may take any appropriate measure, accordance with the’article L. 121-3.
Article L. 111-4 Subject to the provisions of international conventions to which France is a party, in the case where, after consulting the Minister for Foreign Affairs, it is found that a State does not afford to works disclosed for the first time in France in any form whatsoever an adequate and effective protection, works disclosed for the first time in the territory of that State does not enjoy the protection afforded copyright material by French law. However, no infringement can be brought to the integrity nor the authorship of such works. In the event under paragraph 1 st above, copyrights are paid to general interest bodies designated by decree.

Article The. 111-5 Subject to the international conventions, the rights recognized in France to authors of software by this Code are granted to foreigners under the condition that the law of the State of which they are nationals or on the territory of which they are domiciled, offices or an effective establishment affords its protection to software created by French nationals and by persons having in France their residence or an effective establishment.

CHAPTER 2 – copyright works

Article L. 112-1 The provisions of this Code shall protect the rights of authors in all works of the mind, whatever the genre, form of expression, merit or destination.
Article L. 112-2 Events considered as intellectual works under this code:
1-> Books, brochures and other literary, artistic and scientific
2-> conferences, speeches, sermons, pleadings and other similar works
3-> Dramatic or dramatic-musical
4-> The works choreographed numbers and circus tricks, pantomimes, whose implementation is fixed in writing or otherwise
11-> Illustrations, maps
12-> The plans, sketches and plastic works relative to geography, topography, architecture and science
13-> Softwares
14-> The creations of the seasonal industries of dress and adornment. Are deemed seasonal industries of dress and adornment industries, because of the fashion requirements, frequently change the form of their products, including sewing, fur, lingerie, embroidery, the fashion, the shoe, the dumbbell, leather goods, factory high novelty or special fabrics for haute couture, productions of PARURIERS and shoemakers and upholstery factories
Article L. 112-3 The authors of translations, d’adaptations, transformations or arrangements of intellectual works shall enjoy the protection established by this code without prejudice to the rights of the author of the original work. It is the same authors of anthologies or collections of various works, by the choice and arrangement of the material, constitute intellectual creations.
Article L. 112-4 The title of a work of the mind, when it is original, is protected as the work itself. No one can, even if the work is no longer protected under articles L 123-1 to L. 123-3, use this title to distinguish a work of the same kind, under conditions likely to cause confusion.


CHAPTER 3 – Holders of copyright
Article L. 113-1 The author belongs, rebuttable, to the person or persons under whose name the work is disclosed.
Article L. 113-2 Is called collaborative work in the creation of which one natural person. Composite is said the new work incorporated with an existing work without the collaboration of the author of the latter. Is known as a collective work created on the initiative of a natural or legal person who edits, publishes it and discloses it under his direction and name and in which the personal contributions of various authors participating in its development are in all for which it is designed, it is not possible to attribute to each of them a distinct right across realized.
Article L. 113-3 The collaborative work is the joint property of its authors. The joint authors shall exercise their rights by agreement ;In case of disagreement, it is for the civil court to rule. Where the contribution of each author belong to different genres, everyone can, unless otherwise agreed, separately exploit his personal contribution, without prejudice to the operation of the common work.
Article L. 113-4 The composite work is the property of the author who has produced, subject to the rights of the author of the preexisting work.
Article L. 113-5 The collective work is, rebuttable, the property of the person or entity under the name it has been disclosed. This person is given the author's rights.
Article L. 113-6 The authors of pseudonymous and anonymous works shall enjoy in such rights afforded by’article L. 111-1.They are represented in the exercise of these rights by the original editor or publisher, As they did not reveal their identity and prove their quality. The declaration provided for in the preceding paragraph may be made by will ; however, are held the rights that could have been acquired previously by third parties. The provisions of the second and third paragraphs shall not apply where the pseudonym adopted by the author leaves no doubt as to his identity.
Article L. 113-7 Have authorship of an audiovisual work or the individuals who carried out the intellectual creation of the work. are presumed, rebuttable, co-authors of an audiovisual work made in collaboration :
1° Scenario author
2° The author of the adaptation
3° The author of the dialogue
4° The author of the musical compositions with or without words, specially composed for the work
5director
Where the audiovisual work is adapted from a work or a preexisting scenario still protected, the authors of the original work shall be assimilated to the authors of the new work.
Article L. 113-8 Have the copyright of a radio or the physical persons who are the intellectual creation of the work. The provisions of the last paragraph of’article L. 113-7 and those of’article L. 113-6 shall apply to radio works.
Article L. 113-9 Unless otherwise stated, software created by one or more employees in the exercise of their duties for the employer which vests all rights of authors. Any dispute concerning the application of this Article is submitted to the high court of the employer's headquarters. The provisions of the first paragraph of this Article shall also apply to public officials, Public authorities and public administrative establishments.


Subject authors Law
CHAPTER 1 – moral rights

Article L. 121-1 The author has the right to respect for his name, its quality and his work. This right is attached to his person. It is perpetual because of death of the author's heirs. Exercise can be given to a third party under wills.
Article L. 121-2 The author alone has the right to disclose his work. Subject to the provisions of’article L.113-24, it determines the method of disclosure and fixes the conditions thereof. After his death, the right to disclose his posthumous works shall be exercised during their lifetime by the executor or executors designated by the author. They fail, or after their death, and unless otherwise wishes of the author, this right is exercised in the following order : by descendants, by the spouse against whom there is no judgment with res judicata effect of separation or who has not remarried, by the heirs other than descendants, who inherit all or part of the estate and by the universal legatees or donees of the totality of things to come. This right may be exercised even after the expiry of the exclusive right of exploitation determined to’article L.123-1.
Article L. 121-3 If notary abuse in the use or non-use of the right of disclosure of the representatives of the deceased author referred to’article L.121-2, the High Court may order any appropriate measure. It is the same if there is conflict between the said representatives, if there is no known successor in law or in case of vacancy or escheat. The court can be entered including the Minister responsible for culture.
Article L. 121-4 Notwithstanding assignment of his right of exploitation, author, even after publication of his work, has a right to reconsider or vis-à-vis the transferee withdrawal. But it may not exercise this right prior to indemnify the assignee prejudice the reconsideration or withdrawal may cause him. When, after exercising his right to reconsider or withdraw, the author decides to have his work published, he must offer his exploitation rights to the assignee he originally chose and under the conditions originally determined.
Article L. 121-5 The audiovisual work shall be considered completed when the final version has been established by agreement between, Firstly, director or, eventually, and coauthors, on the other hand, the producer. It is forbidden to destroy the matrix of this release. Any changes to this version by adding, deleting or modifying any element requires the agreement of the persons mentioned in the first paragraph. Any transfer of an audiovisual work to another type of media to another mode of operation must be preceded by consultation with the director. The authors' own rights, as defined in’article L. 121-1 may be exercised by them as on the completed audiovisual work.
Article L. 121-6 If one of the authors refuses to complete his contribution to the audiovisual work which is unable to complete such contribution due to force majeure, he may not object to the use, for the completion of the work, Part of this contribution already. He will have, for this contribution, of authorship and shall enjoy the rights deriving therefrom.
Article L. 121-7 Unless otherwise stated, the author can not oppose the adaptation of the software within the limits of the rights he gives, nor exercise the right to reconsider or withdraw.
Article L. 121-8 The author alone has the right to bring his articles and speeches in collection and publish or authorize the publication in that form. For all published works well in a newspaper or periodical collection, the author retains, unless otherwise stated, the right to reproduce them and exploit them, in any form whatsoever, provided that such reproduction or exploitation is not likely to compete with the newspaper or periodical concerned.
Article L. 121-9 Whatever the marriage arrangements and on pain of nullity of all contrary clauses made in marriage contract, the right to disclose the work, to determine the conditions of its operation and to defend the integrity remains clean to husband author or the spouse to whom such rights have been passed. This right can not bring in dowry, or acquired by the community or by a partnership of acquests. The monetary proceeds from the exploitation of a work of the mind or of the total or partial transfer of the operating rights are subject to common law of matrimonial property regimes, only if acquired during marriage ; it is the same savings of those leaders. The provisions of the preceding paragraph shall not apply where the marriage was celebrated prior 12 March 1958. The legislative provisions on the contribution of the spouses to household expenses apply to financial products referred to in the second paragraph of this Article.


CHAPTER 2 – Inheritance rights
Article L. 122-1 The right of exploitation belonging to the author includes the right to representation and the right of reproduction.
Article L. 122-2 The representation consists of the communication of the work to the public by any process, and especially :
1-> Public recitation, lyrical performance, dramatic performance, public presentation, public projection and transmission in a public place of the broadcast work
2-> By broadcasting. Broadcasting means distribution by any telecommunication process of sounds, d’images, Documents, data and messages of any kind. Is assimilated to a performance the issuance of a work to a satellite.
Article L. 122-3 Reproduction consists in the physical fixation of the work by any process permitting it to communicate to the public in an indirect way. This can be done by including printing, drawing, gravure, photography, casting and all processes of graphic and plastic arts, mechanical recording, film or magnetic. For works of architecture, reproduction shall also consist in the repeated execution of a plan or a typical project.
Article L. 122-4 Any full or partial representation or reproduction made without the consent of the author or his successors or assigns shall be unlawful. It is the same for the translation, adaptation or transformation, arrangement or reproduction by any technique or process.
Article L. 122-5 When the work has been disclosed, author may not prohibit:
1-> Private and gratuitous performances carried out exclusively within the family setting
2-> Copies or reproductions strictly reserved for private use and not intended for collective use, except copies of works of art to be used for the same purpose for which the original work was created.
3-> Provided are clearly indicated the name of the author and source:
a) Analyzes and short quotations justified by the critical, controversy, pedagogic, scientific or information of the work in which they are incorporated
b) Press reviews
c) Diffusion, same integral, through the press or broadcasting, as current news, of speeches intended for the public made in political assemblies, administrative, judicial or academic, as well as in public meetings, political and official ceremonies
4-> The parody, pastiche and caricature, given the laws of the genre