Re: FLASH: Copyrights

[Jason]

Hi John,


I stand corrected. As you say, however, the application of the law hasn't changed, even

if the letter has. As an artist in France the law is on your side more often than not

when it comes to intellectual property. I just signed a deal (both business and

artistic) for my site (see below) that covers the copyright. If it all goes horribly

wrong I'll have to pray that the application of what I say really is as solid as French

lawyers claim...


Wish me luck


Jason


John Croteau wrote:


> Hi Jason,

>

> > I was very interested by this reply. There is an enormous difference between

> > "Anglo-Saxon" copyright  law and "Latin / European" law. French law is probably

> > the strongest here. In France anything you produce / create is considered to be an

> > inalienable part of your soul. You cannot sign away that right. If you sign a

> > contract whereby the copyright passes over entirely to someone else, that contract

> > is void and all rights come back to you.

> This is actually not totally true anymore, as a signer of copyright

> treaties the French have given up this absolute right. There is a moral

> right that varies widely in extent and this protect the rights of the

> original copyright owner even after a sale. Also, just as US copyright

> law has been modified by treaty so has the law in France, if not the

> enforcement. There are strick rules that can be applied to protect their

> copyright but legally they can sell their indivual copyright ownership

> but just like in the US if all the dots are not in the right place an

> indivual's sale of copyright can be reversed.

>

> The French yelled and screamed but they signed and the Berne treaty (and

> others)  created a much more unified code of copyright worldwide with

> almost all major countries signing. There were major compromizes and

> changes in copyright law on both sides of the Atlantic. If you look at

> the US Copyright laws posted on the Web you will see references to

> treaties that void certain portions of US law.

>

> TITLE 17 Chapter 3 Section 301 of US copyright law:

> "(e) The scope of Federal preemption under this section is not affected

> by the adherence of the United States to the Berne Convention or the

> satisfaction of obligations of the United States thereunder."

>

> http://www.loc.gov/copyright/circs/circ1.html

> http://lcweb.loc.gov/copyright/circs/circ1.html#icp

> http://www.wipo.org/eng/iplex/index.htm

>

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