French Government Minister Clarifies Statutory Provision On Copyright Contracts

One of the striking features of French copyright constabulary is the protection it affords to authors inward their contractual dealings alongside would-be licensees as well as assignees.

One of the fundamental statutory provisions that contributes to this high score of protection is Section L.131-2 of the Intellectual Property Code (IPC), which until lately provided equally follows:

"Contracts for world performance, publishing contracts, as well as audio-visual production contracts defined inward this Section shall live inward writing, equally shall live costless authorizations to publicly perform.  

In all other cases, the provisions of Sections 1341 to 1348 of the Civil Code shall apply."

This provision sets out a dominion whereby sure enough named contracts (viz., world performance, publishing as well as audio-visual production contracts) must live inward writing.  (To this listing must too live added, pursuant to a dissimilar department of the Code, contracts for the acquisition of audio-visual adaptation rights of a literary work).

Courts convey long recognized that the requirement for a written musical instrument nether Section L.131-2 IPC is simply for evidentiary purposes (ad probationem ) as well as non for the contract's validity (ad validitatem).

In all other cases, the ordinary rules of prove nether the Civil Code apply.  However, it should live noted that fifty-fifty inward such cases, a written musical instrument is highly recommended inward calorie-free of other formal requirements (set out peculiarly inward Section L.131-3 IPC).

The Act of seven July 2016 added a novel paragraph so that Section L.131-2 IPC immediately reads equally follows:

"Contracts for world performance, publishing contracts, as well as audio-visual production contracts defined inward this Section shall live inward writing equally shall live costless say-so to publicly perform. 

Contracts nether which copyright is transferred shall live inward writing.  

In all other cases, the provisions of Sections 1341 to 1348 of the Civil Code shall apply."

The introduction of the novel minute paragraph left many wondering what the compass of the concluding paragraph would immediately be. 

A written interrogation on this final result was hence seat to the Minister of Culture who replied on Jan 11th last.

In essence, she confirms that the dominion embodied inward Section L.131-2 IPC is an evidentiary one (and non for validity).  She goes on to tell that the minute paragraph was enacted to protect authors of graphic, artistic as well as visual works. 

As for the interrogation of what as well as so is left for the concluding paragraph, the Minister suggests that it applies solely to plant of industrial applied art, i.e. plant intended to live used equally utilitarian products that could also, inward theory, live protected past times a blueprint as well as model right.

Only fourth dimension volition rank whether the French courts grip alongside the Minister's interpretation.