Copyright: when does it arise and how long does it last?

Unlike a trademark or a patent, copyright is not obtained by registration. It arises automatically, but you need to be able to prove when it arose.

It arises with the creation

Under French law, the author of a work enjoys an intangible property right in it by the mere fact of its creation (article L111-1 of the French Intellectual Property Code). The work is deemed created, even if unfinished, by the mere fact that the author's conception has been realized (article L111-2).

Only two conditions apply: the work must be given form (an idea alone is not protected) and be original, meaning it bears the imprint of its author's personality. Its genre, merit or purpose do not matter.

Two components: moral and economic rights

Moral rights (authorship, respect for the work, disclosure) are perpetual, inalienable and imprescriptible (article L121-1). They cannot be assigned and never expire.

Economic rights (to reproduce, communicate, adapt, and earn income from the work) can be assigned, and are limited in time.

How long do economic rights last?

In principle, for the author's lifetime and seventy years after their death, counted from 1 January of the calendar year following the death (article L123-1).

For a work of joint authorship (created by several natural persons), the seventy years run from the death of the last surviving co-author (article L123-2). For a collective, pseudonymous or anonymous work, they run from 1 January of the year following its publication (article L123-3).

For comparison

A trademark is protected for ten years, renewable indefinitely. A patent, for twenty years at most. A registered design, up to twenty-five years. These titles require registration. Copyright does not.

What this means for proof

Since no authority records the birth of copyright, it is up to the author to prove what they created, and when. Dating your creations as you go gives you that proof, which remains useful for the entire duration of the rights.

This article is for general information purposes and does not replace the advice of a legal professional.