Soleau, official report or online timestamp?

To prove that a creation existed on a given date, three solutions come up most often in France: the Soleau envelope from INPI, an official report by a commissaire de justice, and online timestamping. They share the same goal. They differ in cost, flexibility and the situations they suit best.

None of them creates a right over the creation. Copyright arises from the creation itself. These solutions help you prove what existed, and on what date.

The Soleau envelope

The Soleau envelope is offered by INPI, the French national intellectual property office. It now exists online as the e-Soleau.

You deposit from 1 to 100 files, up to 2 GB in total. INPI sends you an acknowledgment showing the deposit date, the list of files and their file fingerprints. The fee is €15 up to 50 MB, then €10 for each additional 50 MB. The deposit is kept for five years, and this period can be extended up to twenty years by paying for each new period.

Its strengths: it is issued by a public body, it is well known to professionals and its cost is moderate for a one-off deposit.

Its limits: each deposit is paid separately, and the retention period must be renewed to last. For a creation that changes often, deposits add up.

An official report by a commissaire de justice

In France, a commissaire de justice, formerly known as a huissier de justice, is a public officer. They can receive the deposit of a creation and draw up an official report. They keep a copy of what was deposited.

Its strengths: the report is drawn up by a public officer, and its findings are authoritative unless proven otherwise. This is very strong evidence. A commissaire de justice can also, later on, record a copy of your creation, for example on a website, which is valuable in a dispute.

Its limits: the report requires going through a firm, and its cost is set by quotation. It is poorly suited to regularly dating many versions.

Online timestamping

A timestamping service associates a precise date with your file. It computes the file fingerprint, a unique string of characters derived from the file's content. This fingerprint is then timestamped and recorded. You get a certificate within seconds.

Its strengths: it is immediate, available at any time, and suited to a large number of files and versions. It lets you date every stage of a creation, not only the final result. Anyone can verify that a file matches the certificate.

Its limits: like any evidence provided by a party, its weight is assessed by the judge. Its value rests on the reliability of the method and on keeping the original file.

Which one should you choose?

For a finished work you deposit only once, the e-Soleau is a simple and recognized solution.

For a high-stakes situation, or to have a copy formally recorded, a commissaire de justice provides very strong evidence.

For ongoing creative work, with many versions, collaborators and frequent sharing, online timestamping is the best fit. It lets you date as you go, before each delivery to a client or each presentation.

These solutions combine well. Many creators and companies timestamp their work day to day online, and call on a commissaire de justice when a dispute looms.

With Ipocamp, in practice

Ipocamp timestamps your files within seconds, whatever their format. With a subscription, you deposit continuously without paying for each deposit, and your certificates are kept in one place. The subscription also includes legal support and insurance that covers your defense costs in a dispute.

This article is for informational purposes only and does not constitute legal advice. The e-Soleau information comes from the INPI website. Check the conditions in force before any deposit.