Monday, September 20, 2010

Droit de repentir: can anyone help?

At a seminar earlier today I mentioned the French droit de repentir , this being the author's right to prevent further reproduction, distribution or representation in return for compensation paid to the distributor of the work for the damage done to him, under Article L121-4 of the French IP law. I was asked about limitations on the exercise of this right and said I didn't think there were any.

My understanding is supported by the statement in Wikipedia that
"The moral rights are inalienable, perpetual and inviolable. They pass to the author's heirs or executor on the author's death, but may not be otherwise transferred or sold under any circumstances, by either the author or his legal successors. Any agreement to waive an author's moral rights is null and void, although the author cannot be forced to protect his work".
However, there was some speculation as to whether there exist, in any circumstances, any form of limitation to the exercise of this very powerful right, which might appear to be a disincentive to investment in the commercial exploitation of a work in France. Can any readers advise? Also, does anyone know whether the right can be asserted in France with regard to further exploitation outside France itself?

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