Intellectual property

MOSAIK advises authors, artists and performers across all creative sectors: music, publishing, visual arts, audiovisual, photography.

What is protectable, and how to prove it

To be protected by copyright, a creation must have a concrete form and be original. Some creations are excluded by nature, such as a fragrance or a flavor. MOSAIK helps you determine what, within your creative process, is protectable, and avoid unpleasant surprises.

Protection must then be capable of being proven and dated, against third parties who might claim to be earlier creators. The firm puts in place the measures suited to each type of work:

• the enveloppe Soleau (a sealed filing with the INPI, the French intellectual property office, proving a creation date);
• a deposit with a trusted third-party organization or a collective management organization;
• a bailiff's report with a copy of the work deposited with a public officer;
• time-stamped recording on a secure server.

Your rights: economic and moral

An author holds economic rights, which allow the work to be exploited and to generate revenue, and moral rights, which protect the author's personality and the spirit of the work. The former can be assigned and negotiated; the latter are perpetual and cannot be assigned.

Contracting without giving everything away

An author's monopoly is monetized through authorizations granted to third parties: rights assignment agreements and licenses. These contracts are complex, given the variety of exploitation modes to be covered and the possible remuneration structures: proportional remuneration on a gross or net base, lump sum, session fees.

MOSAIK gives authors a clear view of their commitments and negotiates these contracts in their interest, adapting to each situation: a work created alone or jointly, a commission, a collaboration, patronage.

The firm also advises on the tax side of this income: direct remuneration through royalty statements, or setting up a rights management company that allows earnings to be reinvested in new creations.

Monitoring the proper exploitation of your works

Signing is not the end of the story. MOSAIK regularly assists authors in verifying that commitments are honored: reviewing royalty statements, checking the authorized modes of exploitation, and analyzing the steps taken to bring the work to the public.

Defending your rights

In the event of an infringement (counterfeiting, unauthorized exploitation, plagiarism), the firm brings all appropriate proceedings: formal demand letter, saisie-contrefaçon (a court-ordered infringement seizure to gather evidence), court action, including on an emergency basis through summary proceedings or fixed-date proceedings, and before the criminal courts where the seriousness of the facts warrants it.

Frequently asked questions

Do I need to register my work to be protected?

No: copyright arises from the act of creation itself, with no formality. But in the event of a dispute, you must be able to prove that you are the author and to date your creation. That is the purpose of evidence-preservation measures: the enveloppe Soleau (a sealed filing with the INPI proving a creation date), a deposit with a trusted third party or a collective management organization, or a bailiff's report.

What is the difference between economic rights and moral rights?

Economic rights allow you to exploit the work and earn revenue from it; they can be assigned and transferred. Moral rights protect the author's personality and the spirit of the work; they are perpetual and cannot be assigned. No contract can therefore ever deprive you of your moral rights.

How do I get paid for the exploitation of my work?

Depending on the case: remuneration proportional to revenue, a lump sum where the law allows it, or session fees for performers. The choice of base (gross or net) makes a considerable difference to the outcome. The firm helps you negotiate the most favorable remuneration structure and verify that it is properly applied.