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Intellectual Property Code - Proportional remuneration

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  1. Framework of the Proportional remuneration
    1. Origins of the legislation: from the 7th century
    2. Exception to the rule
    3. How is the remuneration calculated
    4. The case of the author-employed
  2. How the courts have interpreted the legislation
    1. Interpretation in favour of the author
    2. The Court of Cassation declares the principle of proportional remuneration as imperative
  3. Critics from legal literature
    1. Critics related to how the base remuneration is calculated
    2. Proportional remuneration in the case of a collective work

According to article L.131-3 of the French Intellectual Property Code, the author can have a remuneration, which can be partial or total, but the transfer by the author of his right can also be made for free. When granted for consideration, the assignment by the author of the rights to his work must include a proportionate participation under article L 131-4 of the Intellectual Property Code, the remuneration must be proportionate to the operating profit. Under the former Act, the parties were left free to adjust their remuneration arrangements. However, the legislator, concerned with the legal certainty of the author, too often tempted by the illusory lure of flat-rate transfers, has since made proportional remuneration a rule regarding the assignment of copyright.

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