France: Law on national domain images changes
Managing IP is part of the Delinian Group, Delinian Limited, 4 Bouverie Street, London, EC4Y 8AX, Registered in England & Wales, Company number 00954730
Copyright © Delinian Limited and its affiliated companies 2024

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

France: Law on national domain images changes

Sponsored by

beau-de-lomenie.png

A French court issued a ruling on April 13 2018 concerning the photographs of Chambord Castle used by Kronenbourg breweries in the context of an advertising campaign for one of their beers.

The case asked whether the castle, which is part of the public domain of the French state, can be reproduced without financial compensation or authorisation from the public institution.

Previously, commercial exploitation of a photograph of a private building has been allowed, without prior authorisation or any financial compensation, unless the photo caused abnormal disturbance to the owner of the building or if the owner had copyright on that building.

The court confirmed this ruling and rejected the argument that such commercial operation could be considered as private use of the public domain. Deciding differently would restrain the freedom of entrepreneurship.

This decision was, however, made prior to Law No. 2016-925 of July 7 2016 on the freedom of creation, architecture and heritage.

Now a specific system is set up for image rights of goods falling under the category of "national domain". A first list of six monuments and estates was submitted by the Ministry of Culture and Communication and validated by the Historical Monuments National Commission. On this list were the Chambord Estate, the Castle of Angers, the Palais du Rhin in Strasburg, the Estate of Pau, the Louvre and Tuileries Estates in Paris (1st) and the Palais de l'Elysée in Paris (8th).

Article L. 621-42 of the Heritage Code means that prior authorisation and potential financial compensation are now the rule for using an image of such buildings.

However, such authorisation is not required when the image also pursues a cultural, educational, research or information purpose or is linked to a public service task.

A decree should provide details about the concept of "commercial purpose".

marie.jpg

Aurélia Marie


Cabinet Beau de Loménie

158, rue de l’Université

F - 75340 Paris Cedex 07 France

Tel: +33 1 44 18 89 00

Fax: +33 1 44 18 04 23

contact@bdl-ip.com

www.bdl-ip.com

more from across site and ros bottom lb

More from across our site

EMEA research now open
Practitioners analyse a survey on how law firms prove value to their clients and reflect on why the concept can be hard to pin down
The winner of Managing IP’s Life Achievement Award discusses 50 years in IP law and how even he can’t avoid imposter syndrome
Saya Choudhary of Singh & Singh explains how her team navigated nine years of litigation to secure record damages of $29 million and the lessons learned along the way
The full list of finalists has been revealed and the winners will be presented on June 20 at the Metropolitan Club in New York
A team of IP and media law specialists has joined from SKW Schwarz alongside a former counsel at Sky
The Irish government has delayed a planned referendum on whether Ireland should join the Unified Patent Court, prompting concern about when a vote may take place
With more than 250 winners recognised during the ceremony, there are many reasons to be positive about the health of the IP industry in EMEA
Practitioners say the USPTO’s latest guidance has some helpful clarifications and is a good reminder of the importance of checking AI outputs
Susanne Schmidt discusses why trademarks are more than 'just a name' and why she would choose green farming as an alternative career
Gift this article