Our lawyers have extensive experience in the area of copyright. They can advise you on assignment, copyright or licencing agreements to be drawn up with your provider or client (according to the individual case), and assist you in case of infringement proceedings.
The issue of copyright arises for any original project, whether it involves software, industrial design, graphic work, databases, etc. It is essential for the creator to protect his or her copyrights by opting for the most appropriate protection strategy to enhance his or her creations. Our lawyers can assist creators in this area by making recommendations on a copyright protection strategy.
The question of copyright protection is followed by the question of the transmission of rights. We assist creators and companies wishing to acquire intellectual property rights in whole or in part by drawing up and negotiating copyright or intellectual property right assignment agreements on their behalf. The issue of drawing up this type of contract is crucial, given that the Intellectual Property Code requires that certain mandatory particulars be included, for example: the nature of the rights surrendered, the duration of the assignment, the territory concerned, the finality of the assignment, etc. In the absence of an explicit indication of these particulars, the contract is null and void, which poses a major risk for the contracting party: even though the latter has paid for the copyright, it is not legally the copyright holder, and is therefore exposed to the risk of litigation for infringement.
Some copyright assignment agreements are subject to specific rules for the work concerned, for example in the literary, advertising, or computer science fields. Our lawyers therefore pay particular attention to the process of drawing up publishing contracts, advertising contracts and software rights assignment agreements – which can be integrated into IT contracts defining the services provided by an IT service provider.
Copyright is transmitted through a chain of contracts. In this way, the purchaser of the intellectual property rights (from the author) may re-assign his rights to a third party or grant user licenses to users. Our lawyers can draw up these assignment agreements or intellectual property rights licencing agreements. This licence can also be incorporated into the General Conditions of Use of an app or a website.
Pre-litigation and litigation in the area of copyright
In the event of a copyright dispute, our lawyers can assist you in finding an amicable resolution to the dispute. Infringement litigations require specific expertise in the relevant proceedings. We can advise you on initiating litigation proceedings, through recommendations on a litigation strategy which is appropriate for your circumstances. To this end, we prepare, for example, formal notices, seizures for counterfeiting, customs detentions, summary judgment applications or substantive proceedings.