Protection of a plastic art creation

The protection of artwork is an important issue for artists. Indeed, the unauthorised use of a work is the greatest risk: it is, therefore, essential to consider the protection and defence of your rights.

  • How to protect my artwork?

Plastic art creations belong to the category of plastic works. It can be a drawing, a sculpture, paintings, engravings, architecture…

These elements are intellectual works and are protected by copyright law, a branch of intellectual property. This right protects creations of all kinds (literary, musical, graphic, scientific, etc., except for ideas and concepts), regardless of their form, genre, merit, or purpose.

This protection is automatic: it arises from the mere fact of creation by the author. Copyright does not require registration with an intellectual property institution.

This right protects a work provided that it is original, i.e., that it bears the imprint of the author’s personality: his/her sensibility, his/her non-imposed choices, and his/her perception of the subject. The work must also be fixed, i.e., materialized.

This right confers an economic right on the work, opposable to all, which makes it possible to control its communication to the public and to prohibit or authorise the use of the work, in return for remuneration. It allows infringement proceedings to be brought. This exclusive right lasts until 70 years after the death of the author.

It also grants a moral right that allows one to oppose disclosure without consent, to oppose use that would distort the work or request the mention of the author’s name. This moral right is perpetual.

However, as copyright arises automatically, it can be difficult to prove the date of creation or who the author is. It is therefore advisable to build up proof to be able to attest the date and ownership of the creation, using proof of anteriority , such as the Copyright.eu certificate.

  • How to secure my copyright with the Copyright.eu service?

The Copyright.eu certificate of anteriority enables you to prove that your creations existed at a certain date and that you are the author. This type of service is important, as seen previously, for creations that depend on copyright.

It is, in fact, essential to obtain proof of anteriority to be able to prove that you are indeed the author of your creation at a certain date. This makes it easier to claim your copyright, particularly in the event of future copying or challenge by a competitor or in the event of a dispute over confidentiality. For such creations, it may be useful to take photos of the work from all angles, trying to capture its characteristics (if the creation is not digital), or to isolate it and put it in an adapted file format (if it is digital), and then to upload an explanatory file of the work with these images.

The Copyright.eu certificate of anteriority provides indisputable proof of anteriority, through the intervention of a Bailiff (depending on the offer selected), but also through the qualified electronic timestamp, which has evidential value, including internationally.

To apply for a Copyright.eu anteriority certificate, the process can be completed online. Please visit the following address: https://www.copyright.eu/depot-copyright-en-ligne/fonctionnement/