Up to 3 years of prison and a fine of 300,000 euros for individuals.
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.
These sanctions are intended to be dissuasive. However, copyright is violated daily.
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.
The other possible outcome for fraudsters
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.
The Public Prosecutor is systematically seized if there is no agreement.
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.