Collective work (France)

[6] However, all authorities agree that the concept of an oeuvre collective in France covers dictionaries, encyclopaedias and periodical works such as newspapers or magazines.

[5] Courts have also ruled that collective works may include such things as the elements of a car body, a computer program, a poster and a guide of administrative formalities.

[12] Article L121-8 states that whether or not a newspaper or periodical is considered to be a collective work the journalists retain the rights to exploit their contributions.

Case law has determined that the investor's initial right of property is limited to the first commercial release of the collective work.

[11] However, in a 22 March 2012 decision the French Supreme Court (Cour de cassation) reversed the decision of a lower court and stated that "the natural or legal person at the initiative of a collective work is vested with the author's rights over this work and, in particular, the moral rights prerogatives".

[15] The rise of the Internet has opened new questions about the rights of the authors of contributions to a collective work.

Thus the cover of the digitized La Baïonnette of 2 December 1915 has an illustration by the artist Albert Jarach, who died in 1962 and whose rights would not expire until 2033.

[18] A case between the French national union of journalists and Le Figaro newspaper was heard on 14 April 1999 by the Court of First Instance in Paris.

The court ruled that although the printed newspaper was a collective work, the rights of the journalists concerning their articles had been infringed.

[19] On 9 December 1999 the Lyon Court of Appeal ruled similarly that the daily newspaper Le Progrès was guilty of forgery for having published its journalists' articles on the internet.

[9] A similar judgement was issued by the Court of Cassation on 3 July 2013 in a case concerning the newspaper L'Union.

[20] Newspapers have responded by signing agreements with journalist's unions that took different approaches to cover online publication of articles.