Title II: Authors' rights

The author enjoys the right to respect for his name, his capacity and his work. This right is attached to his person. It is perpetual, inalienable and imprescriptible. It is transmissible on death to the author’s heirs. Its exercise may be conferred on a third party by virtue of testamentary provisions.

The author alone has the right to disclose his work. Subject to the provisions of article L. 132-24, it determines the disclosure process and sets the conditions of disclosure. After his death, the right of disclosure of his posthumous works is exercised during his lifetime by the executor or executors appointed by the author. Failing them, or after their death, and unless the author wishes otherwise, this right is exercised…

In the event of notorious abuse in the use or non-use of the right of disclosure on the part of the deceased author’s representatives referred to in Article L. 121-2, the court may order any appropriate measure. The same applies if there is a conflict between the said representatives, if there is no known successor in title or in the event of vacancy or escheat. The matter may be referred…

Notwithstanding the assignment of his right of exploitation, the author, even after publication of his work, enjoys a right of repentance or withdrawal vis-à-vis the assignee. He may not, however, exercise this right unless he first compensates the assignee for any prejudice that such repentance or withdrawal may cause him. If, after exercising his right of repentance or withdrawal, the author decides to have his work published, he is obliged…

The audiovisual work is deemed completed when the final version has been established by mutual agreement between, on the one hand, the director or, where applicable, the co-writers and, on the other hand, the producer. The matrix of this version may not be destroyed. Any modification of this version by addition, deletion or change of any element requires the agreement of the persons mentioned in the first paragraph. Any transfer…

If one of the authors refuses to complete his contribution to the audiovisual work or finds it impossible to complete this contribution as a result of force majeure, he may not object to the use, with a view to the completion of the work, of the part of this contribution already made.

Unless otherwise stipulated in a manner more favourable to the author of software, the latter may not: 1° Oppose modification of the software by the assignee of the rights mentioned in 2° of Article L. 122-6, where it is not prejudicial to his honour or reputation; 2° Exercise his right to repent or withdraw.

The right of disclosure granted to the employee referred to in the third paragraph of article L. 111-1, who has created a work of the mind in the performance of his duties or according to instructions received, is exercised in compliance with the rules to which he is subject in his capacity as an employee and with those governing the organisation, operation and activity of the public person employing him….

The author alone has the right to compile his articles and speeches into a collection and to publish them or to authorise their publication in that form. For all works published in a press title within the meaning of article L. 132-35, the author retains, unless otherwise stipulated, the right to have his works reproduced and exploited in any form whatsoever, subject to the rights assigned under the conditions set…

Under all matrimonial regimes and on pain of nullity of any clauses to the contrary included in the marriage contract, the right to disclose the work, to fix the conditions of its exploitation and to defend its integrity remains the property of the author spouse or of the spouse to whom such rights have been transmitted. This right may not be contributed as a dowry, nor acquired by the community…