The Intern and her copyrights in France
Intellectual Property Lawyer / IP Law in France / Interns Copyrights
French Law protects the employee’s copyrights even though the creation is made during the course of employment.
Indeed, the article L. 111-1. of the French Intellectual Property Code establishes that the employee has moral and property rights.
The question is what about the creation of an intern during her internship in your company. The fact that she is an intern does not affect the copyrights. The French Intellectual Property Law requires that she obtains the same treatment than any other employee.
Thus, if your intern works on a project, you owe her copyrights.
The payment method is the same as the employee’s one, that is to say a commission-based payment. However, it is possible to give a fixed remuneration if you comply with the 6 exceptions of the French Intellectual Property Code.
Also, if the employer can prove that the intern was under the control of the company and that the creation consists of teamwork where it is impossible to say that the intern produced an original work, then the employer probably will not have to pay for the intern’s copyrights.
In any case, before hiring an intern in France, you will need to ask your IP Lawyer to think about this issue and draft a contract that protects your company and its asset. Copyrights is a tough field where anything is possible and where you cannot afford getting sued by your employees and your interns.
Thus, in order to avoid any mistake, it is a smart move to check this out with your Intellectual Property Lawyer in France.
Sebastien Gaddini, Esq.
Attorney at Law / NY
Document up to date on 10.20.2010
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