How to prove you are the author of a creation

In France, you become an author the moment you create. The French Intellectual Property Code is clear on this point: the author of a work holds a property right over it "by the mere fact of its creation". No filing or registration is needed for this right to exist.

The difficulty comes on the day someone challenges it. A client reuses your illustrations without paying you. A former partner presents your project as their own. A brand releases a pattern very close to yours. At that point, the question becomes very concrete: how do you show that this creation is yours, and that it existed first?

What you need to be able to show

Solid proof of authorship brings together three elements.

The date. You need to establish that the creation existed at a specific time, earlier than that of the other party.

The exact content. You need to show what existed on that date: the file, the text or the drawing in its precise state, without later changes.

The link to you. You need to connect the creation to you or to your business: your name on the work, your drafts, your exchanges with a client, your working files.

Under French copyright law, evidence is free-form. The judge examines all the evidence you provide and assesses how reliable it is. The more precise, dated and consistent your evidence, the more convincing your case. The law also presumes that the author is the person under whose name the work was disclosed, that is, made public (article L113-1 of the French Intellectual Property Code). Signing and crediting your creations is therefore a useful first habit.

The existing methods

Several methods make it possible to date a creation. Each has its own use.

Registered mail sent to yourself. You send the creation to yourself by registered mail and keep the envelope sealed. The postmark gives a date. The method is simple and inexpensive. It is nonetheless fragile: the envelope must stay intact, and large digital files are hard to include.

The Soleau envelope. Offered by INPI, the French national intellectual property office, it now exists online as the e-Soleau. It dates a creation in an official way. The deposit is kept for five years, and this period can be extended up to twenty years. It is well suited to a one-off deposit.

An official report by a commissaire de justice, formerly known as a huissier de justice, or a deposit with a notary. A public officer records the existence of your creation on a given date. This is very strong evidence. It requires an appointment and a fee for each report, which often limits it to high-stakes situations.

A deposit with an authors' society. Some authors' societies offer a deposit service, for example for manuscripts or screenplays. It is a recognized solution in these professional circles.

Online timestamping. A timestamping service associates a precise date with your file. It first computes the file fingerprint, a unique string of characters derived from the file's content. The slightest change to the file produces a different fingerprint. This fingerprint is then timestamped and recorded. You get a certificate within seconds, for as many files and versions as you need.

These methods combine very well. The right choice depends on how many creations you need to protect, how often, and what is at stake.

Keep a record of the whole process

People often think of dating only the final work. Yet the strongest case tells the story of the whole creation. First sketches, intermediate versions, working files and exchanges with a client show how the work came to life and who created it.

This record helps in two common situations. First: someone claims they had the idea before you. Your dated versions show how your work progressed. Second: the creation is the result of joint work. The successive versions show each person's contribution.

The right habit is to timestamp regularly, at each important step, and above all before you share anything: before sending a mock-up to a client, presenting a project to an investor or publishing a creation online.

With Ipocamp, in practice

Ipocamp lets you date your creations in three steps.

You deposit your file. All formats are accepted: image, text, video, code, plan. The file fingerprint is computed during the deposit.

You get your certificate. It shows the date, the file fingerprint and the author you specified when making the deposit.

You keep the original file with its certificate. Together, they make up the proof: anyone can later verify that the file presented matches the one that was timestamped.

Your first deposit does not require an account. An account then lets you find and organize all your certificates.

What if someone copies you?

If you find a copy, start by gathering the evidence. Take screenshots of the copy with their date and address, and bring together your own proof: certificates, versions, exchanges.

Avoid reacting publicly in the heat of the moment. A structured approach is often more effective: an informal letter first, then a formal notice (a demand letter with a deadline) if needed. With an Ipocamp subscription, you get legal support to assess the situation. Insurance also covers your defense costs in a dispute over a protected creation.

This article is for informational purposes only and does not constitute legal advice. For a specific situation, the advice of a legal professional remains necessary.