Intellectual property: to better understand the judicial review of Apple - II

The literary and artistic property protects the creations themselves and for themselves: a book, musical composition, a table exists in them and is protected, automatically, without formality - as long as the creation or original. In France, this protection is called copyright law (and rights related to copyright, specific to certain types of productions: the right of performers, rights of producers of phonograms and videograms, and the right of producers of databases data). Copyright consists of two types of powers, property rights and human rights moral. The open the possibility of commercial exploitation: they give the author an exclusive right to the manner of publication, reproduction, adaptation and compensation of his works for a limited time, while protecting it from copying.

The author may grant a third license to these rights, or transfer, free and open (free license) or against payment on terms (private licenses). Some exceptions to these rights are reserved, such as private copying exception, the exception of the press, or the exception of the quotation and parody.

Moral rights, they are inalienable, perpetual and inalienable: an author can not assign or waive his heirs and mature. These rights are those created under a pseudonym or anonymously; disclosure (decide on the publication of the work), paternity (state unequivocally its name); withdrawal and repent (remove trade works against a Payment of all beneficiaries) or that of respect for the integrity of the work (as opposed to the modification of a work). These rights are not absolute and may be supervised by the courts (including that of respect for the integrity of the work).

Despite the Berne Convention of 1886, which seeks to standardize intellectual property regimes in the world, the common law countries, including the United States, use a different system. This is not the copyright rights of citizenship there, but the copyright. It focuses less on the moral rights as economic rights, that is to say that he favors investment in creativity, and as such requires the determination of the work (musical composition n is not protected by copyright unless it is transcribed in score). Another difference is the copyright owner can be the author of the work, but also its producer or editor (Apple employee can not demand additional compensation for creating software as part of his duties, it is to Apple). Under the copyright, moral rights are alienable, that is to say that the author may waive his right to paternity or her right to respect of the work. Economic rights work in different ways of copyright: here, the creator has the exclusive permission or prohibition of the reproduction of the work and the creation of derivative copies in any form whether and representation with any process whatsoever. Again, exceptions are provided by law, this is fair use.

It will be understood, the literary and artistic property is very little concerned with cases involving Apple. But understanding these basic principles and some subtle differences between France and the United States to better address the issue of industrial property.