French style systems are more focused around the "moral right" of the author. Some of the "moral right" rights are inalienable and cannot be sold (e.g. right to be identified as the author).
In fairness, most of this stuff is globally harmonised, such as by the Berne convention.
most European countries have some variation of the French model discussed below as opposed to the English/American model.
This is the reason why, I believe, that European countries has had no problem at all signing up for longer copyright because it fits in with our conception that the purpose of copyright is to protect the rights of the creator.
This was normalized by Berne, but let us suppose we got a new Berne convention and the U.S said hey long copyright does not help support the promotion of science and the arts etc. and I don't think that would go over that well, because shortening the period of protection does not fit well with the EU conception of what the purpose of copyright is for.
Hence the reason lots of arguments on here where people say I think it should be 25 years probably won't fly because it seems unlikely people in power are going to want to overthrow the international order on that point.
> the U.S said hey long copyright does not help support the promotion of science and the arts etc
The US has been a big driver of extending copyright terms on behalf of US media corporations such as Disney. It became very apparent that whenever Mickey Mouse would come out of copyright, Disney would get a change in the law.
Most recently when it was about to expire this didn't happen, possibly as a result of the spat between Disney and Florida Republicans.
To add to the other comment, the concept of copyright _does not exist_ in France, and is purely a common law concept. Author rights, our equivalent, are justified so:
L'auteur d'une oeuvre de l'esprit jouit sur cette oeuvre, du seul fait de sa création, d'un droit de propriété incorporelle exclusif et opposable à tous.
Ce droit comporte des attributs d'ordre intellectuel et moral ainsi que des attributs d'ordre patrimonial, qui sont déterminés par les livres Ier et III du présent code.
L'existence ou la conclusion d'un contrat de louage d'ouvrage ou de service par l'auteur d'une oeuvre de l'esprit n'emporte aucune dérogation à la jouissance du droit reconnu par l'alinéa 1er.
tl;dr: you're allowed to make money off of it because you created it. You cannot give away those author rights. They include moral rights and intellectual rights (intellectual rights are your IP, which can be sold. Moral rights are and will always be yours.)
pjc50|2 years ago
In fairness, most of this stuff is globally harmonised, such as by the Berne convention.
bryanrasmussen|2 years ago
This is the reason why, I believe, that European countries has had no problem at all signing up for longer copyright because it fits in with our conception that the purpose of copyright is to protect the rights of the creator.
This was normalized by Berne, but let us suppose we got a new Berne convention and the U.S said hey long copyright does not help support the promotion of science and the arts etc. and I don't think that would go over that well, because shortening the period of protection does not fit well with the EU conception of what the purpose of copyright is for.
Hence the reason lots of arguments on here where people say I think it should be 25 years probably won't fly because it seems unlikely people in power are going to want to overthrow the international order on that point.
pjc50|2 years ago
The US has been a big driver of extending copyright terms on behalf of US media corporations such as Disney. It became very apparent that whenever Mickey Mouse would come out of copyright, Disney would get a change in the law.
Most recently when it was about to expire this didn't happen, possibly as a result of the spat between Disney and Florida Republicans.
ohgodplsno|2 years ago
L'auteur d'une oeuvre de l'esprit jouit sur cette oeuvre, du seul fait de sa création, d'un droit de propriété incorporelle exclusif et opposable à tous. Ce droit comporte des attributs d'ordre intellectuel et moral ainsi que des attributs d'ordre patrimonial, qui sont déterminés par les livres Ier et III du présent code. L'existence ou la conclusion d'un contrat de louage d'ouvrage ou de service par l'auteur d'une oeuvre de l'esprit n'emporte aucune dérogation à la jouissance du droit reconnu par l'alinéa 1er.
tl;dr: you're allowed to make money off of it because you created it. You cannot give away those author rights. They include moral rights and intellectual rights (intellectual rights are your IP, which can be sold. Moral rights are and will always be yours.)