The presentation and the contents of your web site (graphic creations, photographs, texts, musics...) may be protected by copyright.
If you have committed the creation of your website to a company or to the employees of your company, it is important to provide for a deed of assignment of the rights to your company.
Furthermore, as third parties may also hold prior rights, it is compulsory to provide for the securities of eviction owing to third parties.
The copyright does not imply any filing prosecution. However, it is important to date the creation of the works. It is possible to fix a date for the creation of a work by the InterDeposit Digital Number (IDDN) certification.
In the case of a web site using a software or a data base, a protection of the author's rights is also provided for.
Duration : 70 years after the death of the author (L.123-1 to L.123-12)
Scope of the protection
The protection by copyright requires the original character of the work.
The original features of your web site will not be considered in the course of a prosecution for obtaining a right. This is only in the course of a judicial dispute that a judge will consider the original character of the web site at the date of its creation with respect to the anteriorities. Consequently, it is important to date the creation as soon as possible.
Declarations specific to web sites belonging to natural persons or legal entities domiciled or having their registered office or a place of business in France
Whether your web site is the one of your company or is your personal page, you have to declare it :
- to the National Commission of the Data-Processing and Freedoms (CNIL)
with respect to the processing of the data you collect concerning the visitors of your web site by means of forms, open discussions, cookies... in persuance of the Law 78-17 of January 6, 1978 concerning information technology, the files and the freedom (see also the European Directive 95/46/EC which has to be transposed in the French Law).
- to the head of the Prosecution Department at Courts of first instance and to the Audiovisual Higher Council (CSA)
According to the Law n° 2000-719 of August 1, 2000 which amends the Law n° 86-1067 of September 30, 1986, it is no more compulsory to declare a web site to the Prosecution Department at Courts of first instance nor to the CSA (see articles 1 and 2 of the new law).
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