Copyright and NEIGHBOURING Rights: Protect, Use, and Enforce Your Creations

Creating content means creating value.
But it must be properly protected.
Texts, images, videos, music, source code, etc.: your creations are protected by copyright. Performers, producers, and press agencies also benefit from specific protections known as neighbouring rights.
LAZULIi assists companies, creators, and cultural stakeholders in securing their creations, structuring their use, and enforcing their rights.

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The name “LAZULI” refers to lapis lazuli, a semi-precious stone symbolizing value and durability.
This name reflects a vision of intellectual property: a creation is not merely an idea, but a value that is built, preserved, and defended over time.

Lazuli Law Firm’s Areas of Practice

Trademark Law

Influencer Law & E-reputation

Image Rights & Privacy

Infringement & Unfair Competition

Designs

Domain Names

Other Areas of Expertise

What is copyright?

It notably covers:

Editorial content (literature, articles, blogs, training materials, etc.)
Visual works (photographs, illustrations, design in applied arts, jewelry, and fashion)
Fine art (painting, sculpture, drawing, etc.)
Architectural works, including interior design
Audiovisual works
Musical works
Performances (staging, choreography, scenography, etc.)
Software
etc.

Protection arises automatically from the moment the work is created.

What rights does the author have?

Moral rights

Right of attribution (right to be named)
Right of disclosure
Right to respect for the work
Right of withdrawal and reconsideration

Economic rights

Right to exploit the work through reproduction, communication, or adaptation
Right to authorize or prohibit use
Right to receive remuneration for the use

Enforcing these rights is essential to control how your creations are used.

What are NEIGHBOURING rights?

Neighbouring rights protect the contribution of those who participate in the diffusion of a work without being its authors.

They notably apply to:

Performers (musicians, actors, etc.)
Producers (music, audiovisual)
Broadcasting organizations
Press agencies and publishers

They make it possible to regulate the use of works and ensure fair remuneration.

Why protect your creations?

Without a legal framework:

Your content can be copied
Its use may escape your control
Disputes become more difficult to handle

Proper protection allows you to:

Secure your rights
Enhance the economic value of your creations
Anticipate risks

How can you prove your rights?

Although copyright protection arises automatically, it is often necessary to prove the date of creation.

Several solutions exist, including:

The Soleau envelope provided by the INPI, to be opened under the supervision of a bailiff
A bailiff’s report, with or without blockchain registration
Digital archiving
Sending a sealed registered letter to yourself, to be opened only under the supervision of a bailiff

Strong evidence is essential in the event of a dispute: it allows you to prove prior ownership.

Contracts and Exploitation of Rights

The use of a work requires a proper contractual framework.

The firm assists you with:

Assignment agreements
Publishing agreements
Production agreements

A poorly drafted contract can lead to significant financial losses.

Litigation: Infringement and Plagiarism

“Plagiarism” is often used as a synonym for “infringement” or “counterfeit” (contrefaçon) although it is not a legal term and is more commonly used for the copying of texts (theses, literary works, etc.).

Is your work being used without authorization?

Several actions are available:

Cease-and-desist letters, which may lead to a settlement agreement
Seizure of evidence (saisie-contrefaçon): a form of “civil perquisition”
Legal action to request the cessation of infringing acts and seek damages

A prompt response helps limit potential harm.

Copyright and Artificial Intelligence

The rise of generative AI raises new questions:

Who owns the rights to a work created using a generative AI tool?
Can such content be used freely?
What are the risks in case of commercial use?
What measures should companies implement to secure the use of AI by their employees and contractors?

A legal assessment is necessary to secure your practices.

EXAMPLES OF CASES HANDLED

Over the past few years, Jérémie LEROY-RINGUET has notably:

Drafted numerous copyright assignment agreements, including those to regularize previously unregulated uses, for example, between a freelance graphic designer or a source code developer and their client
Defended clients sued for copyright infringement related to software, perfume bottles, or photography, i.a.
Obtained settlement payments for clients who were victims of infringement of their moral and economic rights (architects, photographers, authors, etc.)
Obtained a summary judgment for infringement of the neighboring rights of a phonographic producer
Commissioned numerous bailiff’s reports to establish proof of his clients’ ownership of their works

Support from Lazuli

The firm assists both in advisory and litigation matters:

Protection of creations
Drafting of agreements
Exploitation strategy
Dispute management, both in claim and defense
Support for innovative projects (AI, digital, NFTs)

Objective: secure and enhance the value of your creations.

Would you like to protect or exploit your creations?

Contact Lazuli

FAQ – Copyright and NEIGHBOURING Rights

No. A work is protected from the moment it is created, without any formalities.

By any means that can reliably establish the date of creation (Soleau envelope, bailiff report, digital evidence, etc.).

Copyright protects the creator.
Neighbouring rights protect those involved in the exploitation of the work (performers, producers, press agencies, etc.).

No, unless you have authorization or the content is in the public domain. Most content is protected.

Copyright is protected for 70 years from January 1 following the author’s death.
Specific rules may apply, particularly for collaborative works, posthumous works, or anonymous works.

It is the use of a work without authorization. It may give rise to both civil and criminal sanctions.
A breach of an assignment agreement by the assignee may be characterized as an act of infringement.
An infringement of neighbouring rights is not classified as “infringement” but as a “violation” of such rights.

The issue is still evolving. Their protection depends in particular on the extent of human involvement.

To secure your rights, prevent, manage or handle disputes, and optimize the use of your creations.