Copyrights Law in Saint Pierre and Miquelon (France)

In Saint Pierre and Miquelon, a self-governing territorial overseas collectivity of France, copyright law is governed by the French Intellectual Property Code (Code de la Propriété Intellectuelle, CPI). This legal framework applies uniformly across all French territories, including Saint Pierre and Miquelon.

🔒 Key Aspects of Copyright Law in Saint Pierre and Miquelon

1. Automatic Protection

Copyright protection is automatic upon the creation of an original work. No formal registration is required to secure rights over literary, artistic, or musical works, as well as other creations such as software, architectural designs, and photographs. However, registration can provide additional evidence of ownership in case of a legal dispute .

2. Duration of Protection

The standard duration of copyright protection is the lifetime of the author plus 70 years. For works of collaboration, the term lasts until 70 years after the death of the last surviving collaborator. For anonymous or pseudonymous works, protection lasts 70 years from the date of publication. In certain cases, such as for performances or audiovisual works, the term may be shorter, typically 50 years from the date of the performance or fixation .

3. Moral Rights

French copyright law recognizes moral rights, which are perpetual, inalienable, and non-transferable. These rights include:

Right of Attribution: The right to be recognized as the author of the work.

Right to Integrity: The right to object to any distortion, mutilation, or other modification of the work that could harm the author's honor or reputation.

Right of Withdrawal: The right to withdraw the work from circulation, under certain conditions .

4. Economic Rights

Economic rights allow authors to authorize or prohibit the reproduction, distribution, and public performance of their works. These rights are transferable and can be licensed or assigned to others 

5. Infringement and Penalties

Copyright infringement in Saint Pierre and Miquelon is subject to civil and criminal penalties. Offenders may face fines up to €300,000 and imprisonment for up to three years. If the offense is committed by an organized group, penalties can increase to fines up to €500,000 and imprisonment for up to five years .

6. International Treaties

As part of France, Saint Pierre and Miquelon is a member of the Berne Convention for the Protection of Literary and Artistic Works. This international treaty ensures that works originating in one member country are protected in all other member countries without the need for formal registration .

🧑‍⚖️ Legal Assistance in Saint Pierre and Miquelon

For matters related to copyright in Saint Pierre and Miquelon, individuals and organizations can seek assistance from local legal professionals specializing in intellectual property law. The Direction de l’Action Économique (DAE) is the government body responsible for economic development and may provide guidance on intellectual property issues .

 

LEAVE A COMMENT

0 comments