The moral right is incessible, perpetual and personal to the difference in heritage rights, while heritage rights are subject to certain conditions.
Indeed, before any exploitation of the work, the user must obtain written permission from the author and pay the author a remuneration.
What are the different economic rights?
Economic rights can be managed by the artist itself or be entrusted to a copyright company that manages on behalf and for the the artist’s account of any exploitation of the work.
There are three types of economic rights.
- the right of reproduction which consists of author to authorize or prohibit the communication of his work on any What support and whatever the process;
- the right of representation which consists of the author to authorize or prohibit the dissemination of his work to the public;
- the right of follow-up which is consists of a based on a degressive percentage ranging from 4 to 0.25 per cent of the price of sale of original artworks (specific to the art market).
Reproductive and representation rights are exclusive rights. Only the author can decide whether or not to authorize the use of of his work, unlike collective rights.
What are the collective rights?
Collective rights (right to remuneration) relate to certain uses of the work that cannot be managed individually the basis of the author’s exclusive right.
The law expressly provides for the possibility of entrusting the management of certain uses of the work to copyright companies.
Remember that collective rights cannot be transferred to a third party. Only the author can receive a financial consideration resulting from exploitation of his work.
Collective rights may apply to:
- private copy (remuneration paid on the occasion of a private recording, regardless of the medium)
- the reprint (photocopy of book or press)
- TV broadcast
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