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Article L123-1 of the French Intellectual Property Code

The author enjoys, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to derive a pecuniary profit therefrom. Upon the death of the author, this right continues for the benefit of his successors in title during the current calendar year and the following seventy years.

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Article L123-2 of the French Intellectual Property Code

For collaborative works, the calendar year taken into consideration is that of the death of the last living of the collaborators. For audiovisual works, the calendar year taken into consideration is that of the death of the last living of the following collaborators: the author of the screenplay, the author of the spoken text, the author of the musical compositions with or without words specially created for the work, the…

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Article L123-3 of the French Intellectual Property Code

For pseudonymous, anonymous or collective works, the term of the exclusive right is seventy years from 1 January of the calendar year following that in which the work was published. The date of publication is determined by any method of proof under ordinary law, and in particular by legal deposit. In the event that a pseudonymous, anonymous or collective work is published in instalments, the period runs from 1 January…

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Article L123-4 of the French Intellectual Property Code

For posthumous works, the duration of the exclusive right is that set out in article L. 123-1. For posthumous works disclosed after the expiry of this period, the term of the exclusive right is twenty-five years from 1 January of the calendar year following that of publication. The right to exploit posthumous works belongs to the author’s successors in title if the work is disclosed during the period provided for…

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Article L123-6 of the French Intellectual Property Code

During the period provided for in article L. 123-1, the surviving spouse, against whom there is no final judgment of legal separation, benefits, regardless of the matrimonial regime and independently of the rights he/she derives from the articles 756 to 757-3 and 764 to 766 of the Civil Code on the other assets of the estate, of the usufruct of the right of exploitation which the author has not disposed…

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Article L123-7 of the French Intellectual Property Code

I.-After the death of the author, the resale right referred to in article L. 122-8 subsists in favour of his heirs and, for the usufruct provided for in Article L. 123-6, his spouse, during the current calendar year and the following seventy years. Subject to the rights of descendants and the surviving undivorced spouse, the author may pass on the droit de suite by bequest. If there is no heir…

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Article L123-8 of the French Intellectual Property Code

The rights granted by the loi du 14 juillet 1866 sur les droits des héritiers et des ayants cause des auteurs aux héritiers et autres ayants cause des auteurs, compositeurs ou artistes sont prorogues d’un temps égal à celui qui s’est écoulé entre le 2 août 1914 et la fin de l’année suivant le jour de la signature du traité de paix pour toutes les oeuvres publiés avant cette dernière…

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Article L123-9 of the French Intellectual Property Code

The rights granted by the law of 14 July 1866 and the article L. 123-8 to the heirs and successors in title of authors, composers or artists are extended by a period equal to that which elapsed between 3 September 1939 and 1 January 1948, for all works published before that date and not in the public domain by 13 August 1941.

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Article L123-10 of the French Intellectual Property Code

The rights mentioned in the previous article are extended, in addition, for a period of thirty years when the author, composer or artist has died for France, as shown by the death certificate. In the event that the death certificate must neither be drawn up nor transcribed in France, an order of the minister responsible for culture may extend the benefit of the additional thirty-year extension to the heirs or…

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Article L123-11 of the French Intellectual Property Code

When the rights extended by the effect of article L. 123-10 have been assigned for valuable consideration, the assignors or their successors in title may, within a period of three years from 25 September 1951, ask the assignee or its successors in title to revise the terms of the assignment as compensation for the advantages resulting from the extension.

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