1/ Reproduction and public exhibition

(Source : ADAGP : Society of Authors in Graphic and Plastic Arts)

General principles

Copyright is the intellectual property right of every author in his works.
(Source : https://www.adagp.fr/fr/droit-auteur/principes-generaux)

It allows the author of a work (painting, sculpture, work architecture, photography, work of design …) to decide how his work can be diffused and used.

It also allows him to receive remuneration in return for the exploitation of his works.

To note : Copyright is an “immaterial” right, independent of the right of ownership over the material object that supports the work (canvas, stone, paper, etc.). The buyer of the support of the work does not therefore acquire, by the sole fact of the sale, the rights to the work itself (art. L111-3 of the Intellectual Property Code) : any reproduction or representation of the work must be done with the authorization of the author.

2/ Photography

Right, rules and warnings

This article aims to inform and clarify the issue of copyright and the prescience (conscious or not) of too many professional and amateur photographers as well as their sponsor with regard to my work.

Here is an excerpt from the website of the World Intellectual Property Organization (WIPO) concerning the warnings and the basic rules that any amateur or professional photographer must respect:

1. Photograph of works protected by copyright

Photographers who specialize in the various sectors of advertising, fashion, interior decoration and lifestyle often include in their photographs paintings, sculptures, handicrafts, architectural works, jewelery, clothing, toys or other artistic works. These objects are often protected by copyright. Only the owner of the copyright has the exclusive right to reproduce the copyrighted work. Photographing a work protected by copyright is equivalent to reproducing it. Therefore, before photographing any copyrighted work, you must obtain prior authorization from the copyright owner. Photographers who infringe copyright may be asked to pay compensation to compensate for economic losses, that is, to compensate financially for the damage they have caused, and sometimes to assume, other costs such as legal fees.

The complete article by  Lien Verbauwhede, consultant to the WIPO SMEs Divisionis available on the WIPO website : http://www.wipo.int/sme/fr/documents/ip_photography.htm
It can also be downloaded in PDF format : ICI

Hopefully this article has sensitized you, I thank you for your attention.


See also: Photo-credits

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