Wow...
That is totally... strange.
On 10/05/05, Jean-Baptiste Soufron <jbsoufron(a)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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