What works are protected by French copyright?

Copyright protection frequently raises questions for creators: which works are protected? How can you prove the date of creation to prevent a third party from claiming authorship?

Protection is based on the concept of originality — subjective by nature but flexible, which allows it to apply to most types of works. French copyright (droit d’auteur) is distinct from Anglo-Saxon copyright.

Ideas and concepts are not protected

The principle that ideas are free to use means that copyright cannot protect a mere idea lacking tangible expression. An unexpressed concept cannot be protected. However, unfair competition may provide a remedy where a competitor copies a unique concept targeting the same audience.

Original works: protection without registration

Any work of the mind that demonstrates originality is protected by copyright. French case law defines originality as the imprint of the author’s personality. If a creation involves intellectual effort and bears a distinctive style or contribution, it is in principle protected. Originality is distinct from novelty (which relates to patents or designs). The same applies to culinary recipes.

Article L112-1 of the French Intellectual Property Code protects the rights of authors in all works of the mind, regardless of genre, form of expression, merit or destination. Photographs, videos, music, sculptures, paintings, architecture, clothing and performing arts are all covered, provided the work is original.

Article L111-1 of the Code provides that the author enjoys an exclusive intangible property right by the mere fact of creation. No registration is required. This is a significant advantage, but evidence of creation remains essential.

Building evidence of creation

Disputes between alleged authors are common. It is essential to assemble evidence of both the creative process (preparatory work, research, exchanges) and the date of creation. Under French copyright law, authorship is presumed in favour of the person who first discloses the work.

Several straightforward methods can establish priority: sending a registered letter to yourself (to be opened before a bailiff in the event of a dispute), filing a Soleau envelope with the INPI, or for software, a deposit with the Agency for the Protection of Programs (APP). For IP ownership in an employment context, see the article on employee IP rights. For an overview, see the intellectual property services page.

Conclusion

French copyright automatically protects any original work, without any filing requirement. However, evidence of the date of creation is indispensable. If you need to secure your creations, book a call.

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