Avertissement
Certains termes
présents dans ce glossaire n'existent pas dans le corps du texte, il
convient donc de les rattacher à l'article mentionné à droite de la
notion juridique présentée.
Copyright
The
french concept of copyright, known under the term “droit d'auteur”,
corresponds to the right of the author including all of the
prerogatives, of moral and economic nature, attributed to the
authors of intellectual works.
Neighbouring rights
Neighbouring rights is what the French call “droits voisins” and it
corresponds to all the prerogatives attributed to the persons, who
played a part in the literary and artistic creation, such as the
performers, phonogram producers,
videogram
producers and audiovisual communication companies.
Collaboration work
A
work for whose creation several physical persons have contributed.
Collective work
Collective work is a work created with the initiative of a physical
or legal person who edits, publishes and discloses the work under
his direction and name. The personal contributions of the various
authors who participated in its production are merged in the overall
work, without it being possible to attribute to each author a
distinct right in the work.
Composite work
Composite work
is a new work in which a pre-existing work is incorporated without
the collaboration of the author of the latter work.
Moral right
Moral right is an extra-patrimonial right attached to a work and its
author. This is a perpetual, inalienable and
imprescriptible
right of the author. Among other things, this right covers the
authorship right of the work and the right to divulge it.
Right to divulge
The
author has the exclusive moral right of putting in the hands of the
public his intellectual work.
Right to
reconsider or of withdrawal
The
author has the exclusive moral right of withdrawing his work from
the public. He can put an end to the exploitation of his work. In
that case, he compensates those who suffer from this act.
The
author has the exclusive right of suspending the exploitation of his
work in view of modifying it. In that case, he compensates those who
suffer from this act.
Right to
defend the integrity
of
the work (Article
L121-1)
The
author has the exclusive moral right of forbidding others to modify
his work.
Authorship right (Article
L121-1)
The
author has an exclusive moral right of authorship. The authorship of
a work must be respected by others. Therefore, the author has the
right to put his work into circulation under his name, pseudonym or
in an anonymous manner.
Economic rights
Patrimonial rights
These rights include all the exclusive prerogatives of the authors
concerning the ownership, reproduction, performance,
resale royalty,
the administration of these rights and the transactions related to
them.
Reproduction
right
This concerns the exclusive patrimonial right of the author to
reproduce his work in any form.
Performance right
This concerns the exclusive patrimonial right of the author to
present his work to the public in any.
Resale royalty right
This right concerns the inalienable right of authors of graphic and
three-dimensional works to participate, regardless of any transfer
of the original work, in the proceeds of any sale of such work by
public auction or through a dealer.
Private performance
This concerns the use of a work for private, without any commercial
purposes. One needs no prior permission of the author for a private
performance.
Private coping
Private copying is a reproduction of a work for just private and
non-commercial reasons. One needs no prior permission of the author
for private copying.
Posthumous works
These are works presented to the public after the death of the
author.
Performers
Are
performers those persons who perform, sing, recite, declaim, play or
carry out any other manner a literary and artistic work.
Phonogram producer
This is a physical or moral person who takes the initiative and
assumes the responsibility for
the initial
fixation of a sequence of sounds.
Videogram
producer
This is a physical or moral person who takes the initiative and
assumes the responsibility for the initial fixation of a sequence of
images, whether accompanied by sounds or not.
Infringement seizure
This is a legal procedure destined to seizing the evidence of
presumed acts of infringement or suspending such acts till the
entering of court decision.
Infringement
This concerns acts (such as copying, selling, deteriorating…), that
infringe literary, artistic, industrial properties of the author.
Inventor
The
is an author of a new discovery, a new invention. He has brought
about a new product, a new way of doing things, etc.
Breeder
This denomination is given to the person who discovers or creates a
new plant variety. It is also extended to the person who has
received
new plant variety certificate.
New plant variety
The
new plant variety must be distinguishable from the already known
varieties of the same species. In that case, the breeder receives a
new plant variety certificate.
Compulsory
license
This is the license that a person, other than the one who has the
patent right or the first
licensee, has to
have to exploit the invention.
Community mark
This is a mark which is regulated by the rules emanating from the
European Community and whose protection is assured in all members
states.
Cour de
cassation
In France there is a judge who rules on the
legality of court decisions: the Cour de Cassation at the head of
the ordinary court structure (comparable to judicial review by the
divisional court in the UK or the Supreme Court in the U.S.).
Cour d'appel
The Civil and Criminal Divisions of the Court
of Appeal completely re-examine the cases already judged by a court
of first instance: The Courts of Appeal have jurisdiction over
several departements (generally 2 to 4). There are 35 in France.
Cour d'assise
This Court is located at the Tribunal de Grande Instance or the
Court of Appeal. There is one Cour d'assises per departement.
The Cour d'assises judges the most serious offences under the
law: murder, rape, aggravated theft, counterfeiting of legal tender,
etc. The Cour d'assises is made up of: a popular jury: 9
jurors drawn from the French population from the The decisions of
the Cour d'assises are not subject to appeal as they
represent the "will of the people". Nothing may modify the judgement
of the people, unless the law has been violated and the decision is
unlawful. The only further action available is before the Criminal
Division (chambre criminelle) of the Cour de Cassation.
Cour des comptes
Jurisdiction
over the financial affairs of the French public sector is invested
in the Cour des comptes (Court of Accounts) and the
Chambres régionales des comptes (Regional Courts of Accounts).
Other bodies are also affiliated to the Cour des comptes.
Conseil d'Etat
In France, the
Conseil d'Etat has a double fonction. On the one hand, it is a
consulting body to the government and in this capacity gives its
opinion on draft laws, ordiniances and decrees. On the other hand,
it is the highest administrative juridiction and in this capacity,
it reviews the decisions of lower administrative tribunals both on
the point of law and fact.
Tribunal de
grande instance
There are 183
Tribunaux de Grande Instance, i.e. at least one in each French
departement and lie somewhere between the English High Court and
county courts. They have both a civil and
criminal
jurisdiction. In civil cases, the court settles disputes
between private individuals which are not attributed to another
jurisdiction and which generally involve amounts greater than FRF
30,000. In cases like status of persons (civil status, lawful
descent, change of name), family law (divorce,
custody, inheritance, etc.),civil liability (accidents, building
defects, etc.), this Court has sole jurisdiction.
Administrative courts
Disputes
involving public authorities (administrative bodies, territorial
authorities, etc) are taken to this jurisdiction.
