Commons:Copyright rules by territory/France/hu

This page provides an overview of copyright rules of France relevant to uploading works into Wikimedia Commons. Note that any work originating in France must be in the public domain, or available under a free license, in both France and the United States before it can be uploaded to Wikimedia Commons. If there is any doubt about the copyright status of a work from France, refer to the relevant laws for clarification.

France has been a member of the Berne Convention since 5 December 1887, the World Trade Organization since 1 January 1995 and the WIPO Copyright Treaty since 14 March 2010.

The relevant laws are in the first book of the Code of Intellectual Property.^[2][3] The code includes dispositions transposed from the 1993 European directive on Copyright.

As of 2018 the World Intellectual Property Organization (WIPO), an agency of the United Nations, listed the Intellectual Property Code (consolidated version as of September 7, 2018) as the main IP law enacted by the legislature of France.^[1]WIPO holds the text of this law in their WIPO Lex database.

• Standard copyright term: Life + 70 years, (except posthumous works, musical works, and works whose author "died for France")

The normal duration of copyright is 70 years following the end of the year of death of the author (or the death of the last author for multiple authors); if the work is anonymous, pseudonymous or collective, it is 70 years following the end of the year of publication of the work (unless the authors named themselves). This applies only if publication occurs within 70 years of creation (see Article L123-3).

Note that French government services often use professional photographers who are not government employees to make official photographs. These photographers then typically sell usage rights of the photograph to the government. In such circumstances, the government does not own the copyright to the photograph, and thus could not give us a license to use it even if it wanted to.

The rules for protection of works by the government are somewhat fuzzy, and one should assume by default that anything from a government entity is copyrighted. One should refer to the Law of 17 July 1978 and Decree of 30 December 2005.

Laws, decrees, court decisions and other similar government texts (but not the translations or commentaries thereof), possibly found on the Légifrance website, are in the public domain. This seems acknowledged by Légifrance's copyright terms.

Video, text and graphics published on the gouvernement.fr website are now licensed under Creative Commons CC BY-NC-ND but where in 2014 under CC BY 3.0 FR. Be careful, since this does not apply to photographs. However, it is possible to import images taken from videos. Please use {{Gouvernement.fr}} Unless you really know what you're doing, please abstain from copying photos from French government web sites to Commons. Thanks.

On February 27, 2007, the Court of Cassation, supreme jurisdiction, first civil chamber, ruled in the Hazan case (arrêt n° 280 du 27 février 2007) that articles L123-8 and L123-9, extending the duration of protection to compensate for periods of wartime, were not applicable to works for which an extended protection period (beyond 70 years) had not started to elapse on July 1, 1995.^[8][9] The judgment regarding Giovanni Boldini's work was broke too, by the same court.

Previously, French law granted extensions to copyright because of the World Wars.^[5] The extensions were:

In practice, copyright extensions today only apply for authors "Mort pour la France", but even this is subject to debate.

It was previously assumed that the European directive on copyright did not necessarily suppress these extensions:

It was also assumed that copyright holders do try to enforce these extensions. In 2005, right holders demanded payment for a movie where a character whistled The Internationale, whose author died in 1932. (See also Template:PD-Internationale for further information.) On the other hand, the Paris Appeal Court ruled against applying the extensions in 2004. However, on 12 October 2005, another section of the same court applied the extension so that the works of the painter Giovanni Boldini who died in 1931 will not enter the public domain before late 2016.

The architect of a notable building owns copyright over the representations of that building, including postcards and photographs. For instance, the architect of the pyramid in the courtyard of the Louvre Museum may claim copyright over images of the pyramid. This, for instance, extends to the designer of lighting systems; for instance, the company operating the Eiffel Tower claims copyright of images of the tower when lighted at night.

However, ruling #567 of March 15, 2005 of the Court of Cassation denied the right of producers of works of arts installed in a public plaza over photographs of the whole plaza:

While architects may have rights to works derived from their work of art, this is not the case of the owners of works of art or buildings, in general. The summary of the conclusions of a May 7, 2004 ruling by the Court of Cassation was:

The owner of a thing does not have an exclusive right over the image of this thing; he or she can however oppose the usage of this image by a third party if this usage results in an abnormal disturbance to him or her.

The Court already ruled on [June 5, 2003], that the right of property comprised absolutely no right to the image of this property.^[13] However, they also upheld the right to privacy of the homeowners: in this case, not only a photograph of a house was published, but also its exact location and the name of the owners. Earlier rulings similarly rejected requests based on ownership without a justification of an abnormal disturbance.

In 1866, France enacted a copyright term of life + 50 years for most works. On January 1, 1986, the term for musical compositions was increased to life + 70 years. On July 1, 1995, the copyright term for most works was increased to life + 70 years (in harmonization with the rest of the European Union).

Prior to July 1, 1995, posthumous works were protected for 50 years from the date of publication.^[15]

• {{PD-France}} – Public domain because the author(s) died more than 70 years ago and did not benefit from any copyright extension, or it is an anonymous, pseudonymous or collective work and more than 70 years have passed since its publication, or it is the recording of an audiovisual or musical work already in the public domain, and more than 50 years have passed since the performance or the recording.

• {{PD-ID-France}} – Ineligible for copyright and therefore in the public domain because it is a legally valid French identity photograph.

• {{Licence Ouverte}} and {{Licence Ouverte 2}} – For documents issued under the Licence Ouverte (for example from http://data.gouv.fr).

  Regarding former French currency (francs), case law states that copyright exists, but is paralysed by the ‘allocation to the general interest and character of public service’ of currency. See, for instance, Cour de Cassation 5 February 2002.^[17]

Please use {{Money-FR}}.

French case law admits an exception if the copyrighted artwork is "accessory compared to the main represented or handled subject" (CA Paris, 27 octobre 1992, Antenne 2 c/ société Spadem, « la représentation d'une œuvre située dans un lieu public n'est licite que lorsqu'elle est accessoire par rapport au sujet principal représenté ou traité »). Thus ruling #567 of March 15, 2005 of the Court of Cassation denied the right of producers of works of arts installed in a public plaza over photographs of the whole plaza:

• Because the Court has noticed that, as it was shown in the incriminated images, the works of Mr X... and Z... blended into the architectural ensemble of the Terreaux plaza, of which it was a mere element, the appeals court correctly deduced that this presentation of the litigious work was accessory to the topic depicted, which was the representation of the plaza, so that the image did not constitute a communication of the litigious work to the public.

French case law states that the said artwork must not be intentionally included as an element of the setting: its presence in the picture must be unavoidable (CA Versailles, 26 janvier 1998, Sté Movie box c/ Spadem et a.):

   {{NoFoP-France}}

Please, tag France no-FoP deletion requests: <noinclude>[[Category:French FOP cases/pending]]</noinclude>.

On 7 October 2016, the French parliament approved a law recognizing a limited version of the freedom of panorama that authorizes the reproduction by individuals (not organizations) of buildings and sculptures permanently located in public space, but only for non-commercial utilizations.^[20][21]

On 4 April 2001, a court emphasized that "droit d'auteur unquestionably applies to the reproduction of artworks placed in public space" (« le droit d'auteur s'étend incontestablement à la reproduction de l'œuvre installée dans un espace public »). Concerning buildings, case law defines several criteria for originality:^[22]

• "a definite artistic character" (« un caractère artistique certain »), as opposed to the building being purely functional, and not being part of a series (as is the case in housing development) (CA Riom, 26 May 1966) [ this decision has been criticised as the law explicitly states copyright protection is granted regardless of merit, art.L.112-1 of the French copyright act but another decision of French supreme court concludes on 20 october 2011 that creation must be original as required by art 111-1 of French copyright act and that it is up to appeal court to decide if it is original work or not.

• a harmonious combination of its composing elements, like volumes and colours (TGI Paris, 19 June 1979)

• Works without a particular or original character, which are a trivial reproduction of building types largely found across the country, are not protected. (#13).^[25]

Case law traditionally admits an exception if the copyrighted artwork is "accessory compared to the main represented or handled subject" (CA Paris, 27 octobre 1992, Antenne 2 c/ société Spadem, « la représentation d'une œuvre située dans un lieu public n'est licite que lorsqu'elle est accessoire par rapport au sujet principal représenté ou traité »). Thus, ruling #567 of March 15, 2005 of the Court of Cassation denied the right of producers of works of art installed in a public plaza over photographs of the whole plaza:

• Because the Court has noticed that, as it was shown in the incriminated images, the works of Mr X... and Z... blended into the architectural ensemble of the Terreaux plaza, of which it was a mere element, the appeals court correctly deduced that this presentation of the litigious work was accessory to the topic depicted, which was the representation of the plaza, so that the image did not constitute a communication of the litigious work to the public.

Case law states that the said artwork must not be intentionally included as an element of the setting: its presence in the picture must be unavoidable (CA Versailles, 26 janvier 1998, Sté Movie box c/ Spadem et a.):

Courts are traditionally lenient with pictures showing urban landscapes, cf. Tour Montparnasse, C.A. Paris - 7 novembre 1980.^[26]

The non-commercial freedom of panorama exception only covers works of architecture and sculptures in public spaces. A case file from 2023 (Combo v. Melénchon), concerning a politician's use of a street art in their ad campaign, sets a precedence that all street art is not covered by the panorama exception. Therefore, all 2D art is   , even for non-commercial uses. Another precedence is that graphic works are not permanent because these are always exposed to hazards, like bad weather or damage by passersby.^[27]

Illegal graffiti are also protected under French copyright law. One image of an illegal graffiti was deleted after a cease-and-desist letter was sent to Wikimedia France in 2012.

If the subject of the picture is either a building or an architectural artwork, and if the picture is already used on the French-speaking Wikipedia, w:fr:Utilisateur:Le plus bot can transfer the picture from Commons to this local Wikipedia under a local exception, as voted by the community in 2006 and 2011 (see w:fr:Wikipédia:Exceptions au droit d'auteur#Exceptions).

• This minimal exception is only for the illustration of the most directly related article in French Wikipedia (this illustration is not usable elsewhere), or outside French Wikipedia.

• The image description page will also display the full list of local pages (most often only one) embedding for their illustration a very limited number of such medias (images in galleries showing all artistic and creative aspect of the same copyrighted subject should not be integrated in these French Wikipedia articles: generally a single illustration is enough). These images should not be integrated in templates reusable in an unbound number of pages.

• Do not transfer these non-free images currently hosted by French Wikipedia (including corporate logos unless they are accessory to the rest of the image and unavoidable) to any other editions of Wikipedia or to other Wikimedia sites (including Commons, as stated by licencing templates shown in their description pages in French Wikipedia).

According to La Poste, French stamps have the same legal status as any other work of art. Stamps by designers deceased more than 70 years ago are public domain.^[28] The names of the artists are generally printed at the bottom of the stamps or its main picture. Check the individual artists death dates in the frwiki category: Dessinateur de timbres/Stamp designers and also the French Phil-ouest website that lists many more than have wiki articles.

On 1st January 2015, it appears that all postage stamps of France issued until 1922 are in the public domain (doubts about the 1919 stamp known as "The Two Orphans" – cause: no information found on the date of death of Surand and Jarraud).

The following list of artists whose works are in public domain in France (but not necessarily in the United States) because they died before 31 December 1953 is non-exhaustive:

Works by the following artists will be in public domain in France (but not necessarily in the United States) on 1 January following 70 years after their death:

French law asserts that a work is copyrightable when it bears the "imprint of the personality of the author". In practice, it depends on the work in question, but this has left the bar quite low for many works where an artistic intent can be shown. For an art exhibition, a man placed the word paradis with gold lettering above the bathroom door of the old dormitory of alcoholics at a psychiatric facility, and termed it artwork; the French courts agreed with him that it was copyrightable based on the aesthetic choices made ("affixing the word paradise in gold with patina effect and a special graphics on dilapidated door, the lock-shaped cross, encased in a crumbling wall with peeling paint").

France has "a slightly higher threshold of originality in general, and particularly so in the context of photographic works".

A decision from Supreme court (Cour de Cassation) on October 2011 agreed with appeal court decision saying that a quite artistic picture of two fish on a yellow plate about a traditional Marseille meal could not be protected by French law because of lack of originality.^[23] According to this decision, level of originality required by this appeal court is very high. This decision was criticized but French supreme court does not control facts but only controls interpretation of the law.