La licence de droit d'auteur

Abstract : In the field of the author’s right (a concept with a controversial identity), the nature and regime of many contracts is a subject for debate. A traditional but somehow uncertain terminology has often led to infer the originality of most of these contracts. However, this peculiarity is only apparent. From literary publishing to audiovisual contracts through creations published on networks, not only can the author of a work « assign » it – as stated by the law – but also rent it, or in other words license it – even though the law does not state it. This observation rests on a renewed reading method applied to the author’s right contracts. Focusing on some of these contracts (e. g. books publishing, audiovisual production, etc.), mandatory copyright law hindered the study of license itself, i. e. the act by which an author authorizes the exploitation of his work for a fixed time. License is a special contract in the field of author’s right ; it is also a basis element in a complex agreement designed to organize an exploitation. These two objects should therefore be distinguished and their interactions thoroughly analysed. A « special » right, the author’s right nevertheless proves able to host (to a certain extent) the typical process of contract right – a « common » right. The present study aims to attain a better understanding of a complex matter, the author’s right contracts, not forgetting the main purpose of the law itself : the protection of the author.
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Submitted on : Wednesday, January 23, 2019 - 8:46:25 PM
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Alexis Boisson. La licence de droit d'auteur. Droit. Université de Montpellier 1, 2011. Français. ⟨tel-01991496⟩

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