The author of a work of the mind enjoys, by the sole fact of its creation, an exclusive intangible property right enforceable against all.
This right comprises attributes of an intellectual and moral nature as well as attributes of an economic nature, which are determined by Books I and III of this Code.
The existence or conclusion of a contract for the hire of work or service by the author of an intellectual work shall not entail derogation from the enjoyment of the right recognized by the first paragraph, subject to the exceptions provided for by this Code. Subject to the same reservations, the enjoyment of the same right shall not be derogated from either where the author of the work of the mind is an agent of the State, of a local authority, of a public administrative establishment, of an independent administrative authority with legal personality, of the Banque de France, of the Institut de France, of the Académie française, of the Académie des inscriptions et belles-lettres, of the Académie des sciences, of the Académie des beaux-arts or of the Académie des sciences morales et politiques.
The provisions of articles L. 121-7-1 et L. 131-3-1 to L. 131-3-3 do not apply to employees who are authors of works whose disclosure is not subject, by virtue of their status or the rules governing their duties, to any prior control by the hierarchical authority.