Wow...
That is totally... strange.
On 10/05/05, Jean-Baptiste Soufron jbsoufron@gmail.com wrote:
A simpler response would be to cite the clause in the statute that says this. To me a fundamental principal of law is that anything which is not specifically forbidden is allowed.
We're talking about emergence here... what do you mean ? ? ?
The statement (which was cut off at some point) was about your guess that French law did not allow a work to be put into the public domain. Citing a specific passage in the French statutes would be much more effective than speculating about the law.
Here it is:
The article L-121-1 explains that moral rights are : "perpétuel, inaliénable et imprescriptible", it lasts forever, they can't renounce to it and they can sue even years after a copyvio.
And when talking about patrimonial rights, there are various provisions implying that the author cannot contribute his work to PD : L-122-7 precises very strong formalities for any release of his representation or reproduction rights, L-122-8 precises that authors possess a forever right to get 3% of any auction of their work and that they can't renounce to it.
But more importantly, L-131-2 states that : "Les contrats de représentation, d'édition et de production audiovisuelle définis au présent titre doivent être constatés par écrit. Il en est de même des autorisations gratuites d'exécution" which means that any contract to sell their representation/edition rights must be a written one, even when they authorizes free use of their work !
Article L-131-5 even precises that if the author released his rights but that he got more than 7/12 less than what he should have been normally awarded, he can sue to get it.
etc. etc. etc.
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