Your creation has been copied: what to do?

Discovering that one of your creations has been reproduced without your permission is unsettling. The first decisions matter: a well-built response is often more effective than a fast one.

1. Don't react publicly in the heat of the moment

Avoid denouncing the copy on social media or contacting the presumed copier in the heat of the moment. You could alert them before you have secured the evidence, or even expose yourself to a claim of disparagement.

2. Keep evidence of the copy

Take screenshots, note the addresses of the pages concerned and the date you viewed them, and keep any exchanges. This evidence is useful, but easy to challenge.

For an online copy, a report drawn up by a commissaire de justice (a French court officer, formerly known as a huissier de justice) provides much stronger evidence: their findings are taken as true unless proven otherwise. Have it drawn up before the content is changed or removed.

3. Gather proof of your prior existence

You will need to show that your creation existed before the copy, and that you are its author or rights holder. Gather your Ipocamp certificates, successive versions, sketches and source files, as well as assignment contracts if the creation was made jointly or by a contractor. See: Proving you are the author of a creation.

4. Report the dispute to your legal protection

If you are a subscriber, report the dispute to Covéa Protection Juridique before incurring any costs yourself. Covéa's in-house lawyers first step in to seek an amicable solution. If proceedings become necessary, Ipocamp refers you to lawyers specializing in intellectual property, and your costs are covered up to your plan's cap.

Cover applies after a 3-month waiting period, for a creation timestamped by Ipocamp, if your subscription has stayed active without interruption since that timestamp. The exact terms are in the information notice. See: A dispute: how a claim unfolds.

5. Try the amicable route

In many cases, a well-argued letter is enough: a request for removal, a license to make the use lawful, negotiated compensation. A formal notice sets out your request and gives a deadline to respond.

If the copy is published on a platform (social network, marketplace, host), you can also report the unlawful content to it. Platforms have reporting procedures and must promptly process well-founded notices.

6. If the amicable route fails: an infringement action

Infringement can be pursued before the civil courts. It is also a criminal offense (Article L335-2 of the French Intellectual Property Code for copyright).

Before trial, an infringement seizure (saisie-contrefaçon), authorized by a judge, makes it possible to record and seize evidence at the presumed infringer's premises. These actions fall within the jurisdiction of specialized courts and require a lawyer.

Don't wait too long

Legal actions are subject to time limits. As a general rule in France, a civil action is time-barred five years from the day you knew, or should have known, the facts (Article 2224 of the French Civil Code): after this period, you can no longer take action. The sooner you act, the easier the evidence is to gather.

If the copy took place outside France, see: Infringement found abroad.

This article is for general information only and does not replace reading your contract or seeking advice from a legal professional.