Copyrights Law in New Caledonia (France)
Sure! Here’s an overview of Copyright Law in New Caledonia:
📚 1. Legal Framework
New Caledonia is a special collectivity of France and is subject to French law for intellectual property matters, including copyright.
Therefore, copyright law in New Caledonia is governed by the French Intellectual Property Code (Code de la propriété intellectuelle).
📅 2. Duration of Protection
Under French law, which applies in New Caledonia:
Author’s rights last for 70 years after the death of the author.
For joint works, 70 years after the death of the last surviving author.
For anonymous or pseudonymous works, 70 years from the date the work is made public.
Related rights (performers, phonogram producers, broadcasters) generally last 50 years.
🌍 3. International Treaties
France is a party to major international copyright treaties, and these apply in New Caledonia as well:
Berne Convention
WIPO Copyright Treaty
WIPO Performances and Phonograms Treaty
TRIPS Agreement
🏛️ 4. Rights Granted
Moral rights: Right to claim authorship, respect for the work, and right to withdraw the work.
Economic rights: Include reproduction, distribution, public performance, adaptation, and communication to the public.
⚖️ 5. Exceptions and Limitations
French law includes exceptions such as:
Quotation for criticism or review
Private copying
Educational use
Use by libraries and archives
🔧 6. Enforcement
Copyright enforcement follows French civil and criminal law procedures.
Remedies include injunctions, damages, and criminal sanctions.
Copyright arises automatically upon creation; registration is not required.
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