Transfer of Copyright in France – Content and Clauses
Copyright can cover any type of artistic and intellectual expression : texts, code, photography, video, etc.
It is rarely personally exploited by the author, who prefers to entrust a specialist with this task. It can be a publisher, a producer, or someone who ordered an artistic service.
Copyright exploitation by a third party is only possible if the rights have been assigned by contract.
This contract can have many different names, depending on the type of exploitation (publishing agreement, performance contract, production contract, diffusion contract) but their formalism is similar.
This copyright assignment contract details the terms and conditions under which the assignee can exploit the work. It must include the scope of rights transferred as well as the payment terms.
Copyright transfer can be limited in time. Once the period is over, rights are returned to the author.
Assignments of copyright must be formalized in writing, for purposes of proof (for paternity conflict or infringement cases) and third-party opposability.