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Theses

Les usages en Droit d'Auteur français

Abstract : Since its adoption in 1957, the copyright law has been subject to several amendments. Among those, the notion of “practices of the trade” becomes inevitable to understand the structure of copyright contracts. This study aims at explaining the notion which has only been studied under commercial and civil laws. In this perspective, four points of view are held: historical; ideological; contractual; judicial. Through linguistics, the first two of them reveal the evolution of the notion and its assimilation to collective agreements known under the labour law as well as its commercial constructing. Both tendencies compel us to differentiate professional practices from collectively negotiated practices and to look for which elements are central to acknowledge real professional practices. It leads to a more general opinion about the contemporary construction and philosophy of French copyright law. The last two points focus on how both contracting sides can have a complete insight on and subscribe to those practices. It ends by analyzing the way practices of the trade are proved and taken into account by judges. These four aspects open the way to a general discussion on the importance of practices of the trade, about their place in the exploitation process of the artistic work and about their impact on the balance and loyalty of the copyright contract.
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https://hal.archives-ouvertes.fr/tel-01981190
Contributor : Alphonse Bernard <>
Submitted on : Monday, January 14, 2019 - 9:33:26 PM
Last modification on : Monday, October 19, 2020 - 11:02:22 AM

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  • HAL Id : tel-01981190, version 1

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Alphonse Bernard. Les usages en Droit d'Auteur français. Droit. Faculté de droit de Poitiers, 2017. Français. ⟨tel-01981190⟩

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