The French Court of Cassation has recently pushed towards better harmonization of the rules for determining the governing law in copyright and related rights disputes, both in space and in time.
Under French law, conflicts of laws rules that determine the existence and exercise of both copyrights and related rights of performers and/or producers of phonograms, are governed by the law of the country where protection is claimed on the date that the infringing acts occurred.
However, given that the French law is stricter on formal requirements for protection and is more protective than most foreign laws, these decisions create a significant degree of legal uncertainty. We publish the article written by Mr. Jean-Mathieu Bertho and Ms. Aurélie Robert published on the English web-based legal forum "Lexology".
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