Copyrights Law in Saint Barthélemy (France)
Copyright law in Saint Barthélemy, as an overseas collectivity of France, is governed by French and European Union copyright law. Here's a clear overview of how it works:
🇫🇷 Copyright Law in Saint Barthélemy
🔹 Governing Framework
French Intellectual Property Code (Code de la propriété intellectuelle) applies directly in Saint Barthélemy.
As part of France, and an outermost region of the EU, Saint Barthélemy follows:
French national law
Relevant EU directives on copyright
Saint Barthélemy has no independent copyright legislation.
🔹 What Is Protected?
French copyright law protects œuvres de l'esprit (works of the mind), including:
Books, writings, and lectures
Music and lyrics
Films and audiovisual works
Paintings, drawings, sculptures
Architecture
Computer programs and software
Photographs
Databases (under certain conditions)
🔹 Rights Granted
French copyright law provides two main types of rights:
1. Moral Rights (Droits Moraux) — Perpetual, inalienable, and imprescriptible
Right of attribution (paternity)
Right of integrity (prevent distortion or modification)
Right of disclosure
Right to withdraw the work
2. Economic Rights (Droits Patrimoniaux)
Right to reproduce the work
Right to distribute the work
Right to publicly perform or display the work
Right to adapt or translate
These rights can be transferred or licensed (except moral rights).
🔹 Duration of Protection
Author’s lifetime + 70 years after death
For collective works and certain other categories: 70 years from publication
After this period, works fall into the public domain.
🔹 Registration
No formal registration is required for protection under French law.
However, creators can deposit a work with agencies (e.g., through a Société d’auteurs like SACEM for music) to prove authorship and date.
This can help in legal disputes.
🔹 Enforcement
Rights can be enforced in French courts, including in Saint Barthélemy.
Infringement may result in:
Civil remedies (damages, injunctions)
Criminal penalties (fines, imprisonment)
🔹 Local Considerations
Saint Barthélemy has a rich cultural heritage, including Caribbean music, art, and traditional expressions, which are protected if they meet originality and fixation requirements.
Collective rights management (e.g., SACEM for music) is active in French territories and can assist artists in the region.
RELATED Blog
0 comments