Copyrights Law in Martinique (France)
Copyright Law in Martinique (France)
Martinique is an overseas region and department of France, so the copyright laws that apply in mainland France also apply fully to Martinique. This means Martinique follows French national copyright law and is subject to European Union copyright regulations as well.
Key Points about Copyright Law in Martinique (France):
1. Applicable Law
French copyright law is governed primarily by the French Intellectual Property Code (Code de la propriété intellectuelle).
As part of France, Martinique follows all French and EU regulations regarding copyright.
2. What is Protected?
Literary and artistic works such as:
Books, articles, and written works
Music and lyrics
Films and audiovisual works
Paintings, sculptures, photographs
Software and databases
Architectural works
3. Protection Criteria
Works must be original and express the author’s own intellectual creation.
Protection is automatic upon creation; no formal registration is required, although registering with a copyright office or deposit service can serve as proof of authorship.
4. Duration of Protection
Generally, copyright lasts for the life of the author plus 70 years after their death.
For works with multiple authors, it lasts 70 years after the death of the last surviving author.
For films and some other works, special rules may apply.
After expiration, the work enters the public domain.
5. Moral Rights
French law strongly protects moral rights (droit moral) of the author, including:
The right to attribution
The right to respect of the work’s integrity
The right to oppose any modification or use contrary to the author’s reputation or intent
Moral rights are perpetual, inalienable, and imprescriptible (cannot be waived or transferred).
6. Economic Rights
Authors hold exclusive rights to:
Reproduce the work
Perform or display it publicly
Adapt or translate the work
These rights can be licensed, assigned, or transferred, usually for a limited duration.
7. International Treaties
France (and thus Martinique) is a member of major international copyright treaties:
Berne Convention
WIPO Copyright Treaty
TRIPS Agreement
This ensures protection of French works abroad and foreign works in France/Martinique.
8. Enforcement
Copyright infringement is subject to:
Civil remedies (damages, injunctions)
Criminal sanctions (fines, imprisonment) in severe cases
French courts handle copyright disputes.
Summary Table
| Aspect | Details |
|---|---|
| Applicable Law | French Intellectual Property Code |
| Protection Type | Automatic upon creation |
| Protected Works | Literary, artistic, audiovisual, software, etc. |
| Duration | Life of author + 70 years |
| Moral Rights | Strong, perpetual, inalienable |
| Economic Rights | Exclusive reproduction, performance, adaptation rights |
| International Treaties | Berne, WIPO, TRIPS |
| Enforcement | Civil and criminal penalties |
Additional Notes:
Since Martinique is part of France and the EU, EU directives related to copyright, such as the Digital Single Market Directive, also influence copyright law here.
For digital content and internet use, EU regulations like the Copyright Directive 2019 are relevant.
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