A Deep Dive into French Copyright Protection

Which Works Are the "Lucky Ones" Under Legal Safeguard?

Under French law, a broad range of creations can fall under copyright protection. Article L 112-2 of the French Intellectual Property Code (IPC) gives a non-exhaustive catalogue — for example: literary texts and written materials, spoken works such as speeches, musical compositions, visual artworks including paintings, drawings and sculptures, photographs and cinematographic creations, and technical or creative documents such as plans, maps or sketches.

By contrast, abstract ideas or pure concepts are not protectable. Only the concrete expression or form in which an idea is realised can attract copyright — ideas themselves remain free for anyone to use.

Architectural works are indeed protected as copyrighted works, but French Law No. 2016-1321 introduced a specific limitation (IPC Article L 122-5-11): individuals are permitted to reproduce or represent buildings or sculptures that are permanently situated in public spaces, so long as the use is non-commercial.

France also expressly recognises moral rights. These rights are perpetual, cannot be sold or waived, and do not expire — they must still be observed even after the work has entered the public domain. After the creator’s death, these rights pass to their heirs. Moral rights include:

• the right to decide when and how the work is first made public
• the right to preserve the integrity of the work, allowing the author to object to alterations or distortions
• the right to be credited as the author (or to remain anonymous or use a pseudonym)
• the right to retract or withdraw the work from circulation after publication, subject to compensating any contracting party harmed by the withdrawal

Any breach of these moral rights constitutes infringement under French copyright law.