However, on 12 October , another section of the same court applied the extension so that the works of the painter Giovanni Boldini who died in will not enter the public domain before late The architect of a notable building owns copyright over the representations of that building, including postcards and photographs. For instance, the architect of the pyramid in the courtyard of the Louvre Museum may claim copyright over images of the pyramid.
This, for instance, extends to the designer of lighting systems; for instance, the company operating the Eiffel Tower claims copyright of images of the tower when lighted at night. However , ruling of March 15, of the Court of Cassation denied the right of producers of works of arts installed in a public plaza over photographs of the whole plaza:. The court draws a distinction between depictions of a work of art, and depictions of whole settings of which the work of art is a mere part, and denies the right of the artist over such images.
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While architects may have rights to works derived from their work of art, this is not the case of the owners of works of art or buildings, in general. The summary of the conclusions of a May 7, ruling by the Court of Cassation was: . In this decision, the court excluded that the owner of a hotel, who had made extensive repairs and enhancements to the buildings at high costs, could claim exclusive rights to the image of that hotel: merely demonstrating that the costs supported did not demonstrate that the publishing of images was an abnormal disturbance.
The Court already ruled on [ June 5, ], that the right of property comprised absolutely no right to the image of this property.
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Earlier rulings similarly rejected requests based on ownership without a justification of an abnormal disturbance. See, for instance, Cour de Cassation 5 February Thus ruling of March 15, of the Court of Cassation denied the right of producers of works of arts installed in a public plaza over photographs of the whole plaza: .
Bibliographie française (septembre 1986-février 1987)
On 7 October , the French parliament approved a law recognizing a limited version of the freedom of panorama that authorizes the reproduction by individuals not organizations of buildings and sculptures permanently located in public space, but only for non-commercial utilizations. Concerning buildings, case law defines several criteria for originality: .
Thus, ruling of March 15, of the Court of Cassation denied the right of producers of works of art installed in a public plaza over photographs of the whole plaza:. Courts are traditionally lenient with pictures showing urban landscapes, cf. Tour Montparnasse , C. Paris - 7 novembre According to La Poste, French stamps have the same legal status as any other work of art. Stamps by designers deceased more than 70 years ago plus years of war are public domain.
On 1st January , it appears that all postage stamps of France issued until are in the public domain doubts about the stamp known as "The Two Orphans" - cause: no information found on the date of death of Surand and Jarraud. The following list of artists whose works are in public domain because they died before 31 December is non-exhaustive:.
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Works by the following artists will be in public domain on 1 January following 70 years after their death:. Unlike the "sweat of the brow" doctrine in the UK, French law asserts that a work is copyrightable when it bears the "imprint of the personality of the author". In practice, it depends on the work in question, but this has left the bar quite low for many works where an artistic intent can be shown.
For an art exhibition, a man placed the word paradis with gold lettering above the bathroom door of the old dormitory of alcoholics at a psychiatric facility, and termed it artwork; the French courts agreed with him that it was copyrightable based on the aesthetic choices made "affixing the word 'paradise' in gold with patina effect and a special graphics on dilapidated door, the lock-shaped cross, encased in a crumbling wall with peeling paint".
France has "a slightly higher threshold of originality in general, and particularly so in the context of photographic works". A decision from Supreme court on October agreed with appeal court decision saying that a quite artistic picture of two fish on a yellow plate about a traditional Marseille meal could not be protected by French law because of lack of originality.
This decision was criticized but French supreme court does not control facts but only controls interpretation of the law. From Wikimedia Commons, the free media repository. Outdated translations are marked like this. Other languages:.
Retrieved on Cour de cassation. He published a book, Droit bancaire international, 4th edition in and many articles on banking and financial legal topics.
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