CERTIFICATE OF DEPOSIT OF THE ARTWORK
PROTECT YOUR CREATIONS
AND DEFEND YOUR RIGHTS
In the event of a dispute resulting from a copy, resumption, adaptation, disclosure to the public, obtaining or unauthorized access to the content of the files deposited, you will be required to provide proof of the anteriority of your work.
THE TIME STAMP OF YOUR DEPOSIT CAN BE MADE ON THE BLOCKCHAIN (OPTION)
AND DEFEND YOUR RIGHTS
In the event of a dispute resulting from a copy, resumption, adaptation, disclosure to the public, obtaining or unauthorized access to the content of the files deposited, you will be required to provide proof of the anteriority of your work.
THE TIME STAMP OF YOUR DEPOSIT CAN BE MADE ON THE BLOCKCHAIN (OPTION)
CERTIFICATE OF DEPOSIT OF THE ARTWORK
When you create a Certificate of Authenticity, Artcertificate will provide you with a free certificate of deposit which allows you to specify the date of registration of your artwork in our databases.This certificate provides an initial proof of anteriority. This certificate must be sent by registered mail to the artist in order to be legally accepted. The postmark must be in perfect condition and the envelope must be unopened (valid in France only). The artist may add several attestations of deposit in the same envelope.
Example of a certificate of deposit for an artwork
What is a protectable work?
An artistic creation is the result of an intellectual process that begins with an idea and ends with its realization. An idea is not protectable in itself and only a tangible creation can benefit from the protection of the law. Some conditions must be met:
To be original
The originality of an intellectual work is expressed by the mark of the author's personality. It requires a personal execution regarding expression, choices, style and composition. An artwork must be clearly distinguishable from another one, even if the theme, subject or model are identical, and even if the inspiration is common.
Prove the date of creation
The law does not require any steps, formalities, mentions, deposits or registrations of any kind to protect an artwork. However, artists should take a few precautions in order to assert their rights in the event of a dispute, in particular to indicate a specific date of creation and, if necessary, to prove its anteriority.
Publishing your work online is not enough!
Publishing your work on your website, or a commercial website may sound like a good idea to establish proof of anteriority. However, a website alone cannot formally prove the date of publication.
All copyrights are codified in France in the Intellectual Property Code (legislative part: law 92-597 of 1.7.92, regulatory part: decree 95-385 of 10.4.95) which repeals and replaces the laws of 11.3.57 and 3.7.85.
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Five ways to protect your artwork and validate the creation date
Copyrights can be acquired without formalities, as a direct result of the creation of the artwork. Your creation is therefore protected as soon as you create it. However, in case of dispute, you must be able to prove the exact date when your work was created.
Whether you're an artist, painter, sculptor or photographer, you must be able to establish that you are the actual author of your artwork, the date on which you created it and its originality.
Send yourself a registered mail
The cheapest option is to send yourself a registered letter which contains a copy of the artwork you created. The acknowledgement of receipt sticker should cover the flap of the envelope to prevent the contents of the envelope from being tampered with. It is important not to unseal the envelope or to do so only in front of an official bailiff or magistrate.
Deposit of a Soleau envelope
A Soleau envelope (bearing the name of its inventor) costs 15 euros and can be collected from the INPI. This is a double envelope in which you can insert the document you would like to protect. However, the envelope cannot contain a CD or more than 7 pages.
A number is laser cut on the envelope and one of the flaps is returned to you. The INPI keeps the other one for a period of 5 years, renewable upon payment. Beyond this period, the second flap will also be sent back to you. It won't lose its probative value if it is kept intact.
https://www.inpi.fr/
Deposit with an authors' organization
Most collective management organizations allow their members to deposit a work with them. Some of these organizations allow everyone to deposit their works. The rates and the duration of the deposit vary from one organization to another.
https://e-dpo.com
The online deposit
There are several websites (fidealis, eauteur...) which allow you to determine a specific date of creation for an artwork using an external time-stamping system with an electronic signature. The rates can vary.
http://www.copyrightfrance.com
https://copyrightdepot.com
https://blockchainyourip.com
https://www.mapreuve.com
Deposit with a notary or bailiff
This is the most effective method of deposit because it is made with a government official. The deposits will be indisputable until a procedure of forgery is initiated. If the deposit is kept indefinitely, the process can be quite expensive (between 200 and 300 euros).
Whether you're an artist, painter, sculptor or photographer, you must be able to establish that you are the actual author of your artwork, the date on which you created it and its originality.
The cheapest option is to send yourself a registered letter which contains a copy of the artwork you created. The acknowledgement of receipt sticker should cover the flap of the envelope to prevent the contents of the envelope from being tampered with. It is important not to unseal the envelope or to do so only in front of an official bailiff or magistrate.
Deposit of a Soleau envelope
A Soleau envelope (bearing the name of its inventor) costs 15 euros and can be collected from the INPI. This is a double envelope in which you can insert the document you would like to protect. However, the envelope cannot contain a CD or more than 7 pages.
A number is laser cut on the envelope and one of the flaps is returned to you. The INPI keeps the other one for a period of 5 years, renewable upon payment. Beyond this period, the second flap will also be sent back to you. It won't lose its probative value if it is kept intact.
https://www.inpi.fr/
Deposit with an authors' organization
Most collective management organizations allow their members to deposit a work with them. Some of these organizations allow everyone to deposit their works. The rates and the duration of the deposit vary from one organization to another.
https://e-dpo.com
The online deposit
There are several websites (fidealis, eauteur...) which allow you to determine a specific date of creation for an artwork using an external time-stamping system with an electronic signature. The rates can vary.
http://www.copyrightfrance.com
https://copyrightdepot.com
https://blockchainyourip.com
https://www.mapreuve.com
Deposit with a notary or bailiff
This is the most effective method of deposit because it is made with a government official. The deposits will be indisputable until a procedure of forgery is initiated. If the deposit is kept indefinitely, the process can be quite expensive (between 200 and 300 euros).
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