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What is the difference between copyright and image right ?

Copyright corresponds to all of the rights conferred to artists and authors over their intellectual works provided that they are original works. The intellectual Property Code stipulates the conditions governing how works are used and how authors are paid for such use.

Copyright is divided into two categories of rights:

Moral rights, which correspond to non-economic and personal rights conferred to artists and authors (right to claim authorship, right to object to modification, right of disclosure and right of withdrawal).

Property rights, which allow artists and authors to authorise or prohibit the use of their works by third parties and to receive remuneration for their use.

Image right is a personality right according to which anyone can authorise or prohibit (unless otherwise stipulated) his/her image, notably in a photograph or video, in which he/she is recognisable. This personality right is provided for in Article 9 of the Civil Code and is separate and distinct from copyright. 

Reference made to the “the image of work” in certain clauses can sometimes be confusing for non-lawyers. In such cases, it is a matter of allowing the licensee to reproduce and/or represent the work by a transfer of copyright and not to authorise the broadcasting of the face of a person protected by the image right.