We no longer count the quantities of photographs or graphic creations illegally used by website owners, unscrupulous or often ill-informed. Using an image without an appropriate license is a criminal offense and is severely punished by law.
We defend our clients by identifying the fraudsters, and allowing them to regularize their situation.
A défaut, nous déposons plainte auprès du Procureur de la République compétent.
1- We identify questionable uses of our clients' creations and constitute proof of the uses.
2- We ask him to confirm the absence of a license.
3- We give notice to the offender to justify his license and, failing this, to accept the agreement that we will offer him.
The remind thatit is not enough that a web agency or a graphic designer provided you with an image for use on your site or, worse, on a social network. It is on your own responsability to make sure that you or your web agency have the appropriate license..
Otherwise, you are guilty of what French law qualifies as counterfeiting.
We work with :
Our firm works with web specialists. This allows us to be at the cutting edge of technology and to ensure that our customers are protected, compensated, and that fraudsters are punished.
The procedures we have put in place protects copyright owners by targeting image thieves. The recalcitrant are brought to justice in order to obtain reparation, in addition to the penalties fixed by the State.
En travaillant avec des spécialistes du web, notre cabinet dispose d’outils de pointe et d’un algorithme puissant pour repérer les fraudes et en constituer la preuve. Nous défendons ainsi les intérêts de nos clients, souvent internationaux, en matière de propriété intellectuelle.
Once the fraud and the fraudster have been identified, we offer him an amicable solution to regularize his situation.
In the event of refusal, we file a complaint directly with the Public Prosecutor, and seize the competent court to obtain compensation and reimbursement of legal costs.
Besides the damages, the main penalties are:
1- A fine of 300,000 euros for a natural person and 1.5 million euros for a company
2- Up to three years of prison
3- The total or partial closure of the site and the establishment
4- The confiscation of the revenue generated by the offense
5- The display and dissemination of the judgment
6- The suspension of internet access.
The whole will be registered on the police record of the fraudster, with all that it implies.
The article L 335-2 of the Intellectual Property Code sanctions this offense of 3 years of prison and a fine of 300,000 euros (to be paid to the French State).
When the offense is committed by a corporation (company or association for example), prosecution can target both the corporation and the person responsible for the offense, for example the manager. The penalty incurred by the corporation is 5 times the amount provided, or 1.5 million euros (article 131-38 of the Criminal Code).
Added to this are the damages owed to the author, and the participation to his attorney and court costs.
Our firm stands alongside the authors to assist them, obtain compensation for their damage, and have penalties for recalcitrant fraudsters.
Our method has proven his effectivity:
1- Verification of the copyright of our clients.
2- Constitution of a irrefutable proof of fraud: certified screenshots et rapport de fraude par un huissier de justice.
3- Action against the fraudster and request for amicable repair on behalf of our clients.
4- Failing to agree,hearing date fixed and notified.
If the fraudster is not a repeat offender, we offer him an amicable settlement, which imposed obviously to comply with legal requirements by paying the necessary licenses.
If the fraudster refuses our proposal, we are forced to take action. A complaint is immediately addressed to the Public Prosecutor, providing him with all the evidences available to us. An investigation can then be carried out by the police, with summons to the police station or even police custody. The file can also be referred directly to the Criminal Court.
It is unfortunate to have to come to such extremes. But this is sometimes necessary to make it clear that unlicensed use of another's creation is a crime, as is theft.
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