The protection of a creation by copyright is subject to the criterion of originality, which is defined in case law as "the imprint of the author's personality".

This criterion of protection applies to all works of art, whether they are in the field of fine arts or applied arts, or whether they are material and physically distributed or immaterial and digitally distributed.

Thus, it is important to be able to determine whether a creation is eligible to protection by copyright with regard to the criteria defined by case law and, if such work is protected, to define the most appropriate defense strategies in case of copyright infringement. 

With a recognized practice in the field of copyright, JP Karsenty assists clients in all these stages, from legal advice, to pre-litigation and litigation.

Ranking Décideurs magazine 2022 :

Litigation in trademarks, designs and models - Excellent
Commercial Litigation - Recommended
IT, software & digital projects - Highly recommended

Legal works in this area

Consulting – Contractuall

  • Analysis of a creation to determine whether or not it is eligible for copyright protection
  • Analysis of the conditions of creation to determine the owner of the copyright, in particular in the context of a collective work or a collaborative work
  • Definition of a protection strategy for a creation with regard to the nature of the creation, its conditions of creation and its conditions of exploitation
  • Drafting of contracts for the transfer of copyright or the licensing of copyright
  • Drafting of music publishing contracts
  • Drafting of special or general terms of sale applicable to products likely to be protected by copyright

Pre-litigation – Litigation

  • Analysis of an alleged copyright infringement to determine whether or not it constitutes an actual infringement
  • Drafting of formal notices relating to copyright infringements
  • Drafting of summons before specialized courts
  • Drafting of briefs before specialized courts

Track records

  • Litigation in the fashion industry
  • Litigation concerning the interior design of a chain of boutiques
  • Litigation concerning infringement to copyright on software
  • Litigation regarding the infringement of musical and literary works
  • Litigation on termination of music and literary publishing contracts
  • Drafting of contractual clauses integrated into an architect’s contract
  • Drafting of music publishing contracts
  • Drafting of contracts for the transfer of copyrights in software
  • Drafting of copyright license agreements in software
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