France: Law on national domain images changes

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

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

Cookies Settings

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 SHARED ros bottom lb

More from across our site

Daniel Law CEO Alicia Daniel-Shores may have stepped into a family business, but she has spent two decades building her own vision around technology and litigation
Law firms don't particularly like saying no to clients. Perhaps they should get better at it
The office, which has a relatively new patent litigation team as well as a wider ‘soft’ IP offering, would remain independent if the rejection is rubberstamped
The IP boutique is betting that growing investment in quantum and semiconductors will fuel demand as technology shifts toward physical systems
Lawyers say the overhaul better reflects commercial reality, with changes spanning novelty searches, digital designs and access to a small claims track, but stopping short of criminalising unregistered design infringement
Carpmaels & Ransford hires its fourth partner of the year and wins access to UPC files, as fresh orders address costs, confidentiality and the use of divisional patents
Peter Ling of Lenz & Staehelin in Zurich discusses trends in patent litigation, the regulation of AI and the benefits of teaching IP
Brandsmiths and Powell Gilbert will contest claims over several UK trademarks in a High Court case examining the ownership and revival of a heritage brand
Hogan Lovells Cadwalader is taking a fresh strategic approach to pricing in its AI strategy. It could amplify calls for law firms to ditch the billable hour
Charles Harding plans to build a new team around life sciences oppositions and contentious work, drawing on his three decades developing a practice from scratch at D Young & Co
Gift this article