2024-06-04 14:45:00
Lhe director and screenwriter Vincent Dietschy filed a lawsuit in opposition to Netflix, saying that the platform “accepted his concept” to supply a fantasy movie Underneath the Seinedirected by Xavier Gens and scheduled for launch on Could 5.
This blockbuster, which stars Bérénice Bejo and Nassim Lyes particularly, tells how the invention of an enormous fish within the river brings a couple of main sporting occasion! Excellent timing only a few weeks earlier than the Olympics, impressions are assured!
Besides that Vincent Dietschy says he is been working for ten years on a challenge, which is ideal Catfish. Ask by Telerama, he factors out having offered his state of affairs to quite a few gamers within the trade with out something coming to fruition, and is sensible sufficient to offer proof of it. Director of Underneath the Seine swore, for his half, by no means to listen to of such a challenge.
The origin of this authorized battle is within the authorized implies that the plaintiff (Vincent Dietschy) raised: business parasitism which, in contrast to copyright, falls below traditional civil legal responsibility. The case, which should be heard on June 14 within the Paris courtroom, additionally includes the producers.
What’s business parasitism? Can a plan be protected? What’s the distinction with plagiarism? We are going to clarify it to you.
Can a plan be protected?
French regulation makes a distinction between companies and concepts. An mental work (a movie, a textual content, a portray, and many others.) is protected by copyright, so long as it’s “authentic”; the model is protected by mental property regulation, if the “marks” that current themselves are particular sufficient. Concepts, however, are “free”, they don’t profit from any safety.
Nonetheless, it’s potential to contract the habits of a 3rd occasion who, with out infringing copyright, adapts the concepts and work of one other and improves himself because of them, with out attempting or loosening the pockets. That is business parasitism, one of many types of unfair competitors (in the identical approach as insulting or neglect of aggressive work, for instance).
Courtroom of Cassation (Chamber of commerce) gave a selected definition in 1999: “Financial exploitation is outlined as all of the behaviors that an financial agent interferes with for an additional, with a purpose to profit, with out utilizing something, of the efforts and data – your approach. »
Me Benjamin Jacob, a lawyer on the regulation agency BDGB defined: “That is exploitation, it is rather just like counterfeiting besides that it doesn’t fall below mental property regulation. Me Pascal Garbarini, felony lawyer, who additionally advocates in lots of business disputes: “The parasites take undue benefit of the know-how (human or monetary) of a candidate, whether or not human or company- a job, so he used his fame. .
A model or a reputation that’s near the unique, an imitation of a product or a business presentation (a nook set in a division retailer) is parasitism.
Why do you do it on this space?
Business parasitism, like all varieties of unfair competitors, falls below civil contract legal responsibility (“Any act of an individual, which causes injury to others, is obliged to the particular person by whom it’s mistaken to restore” creation. 1240 of the Civil Code). It entitles the sufferer to cost of damages and may additionally lead to withdrawal from the sale or ban on distribution. “That is the usual error process, which can be punished from the second the hurt (financial or ethical) is proven and the reason being established,” Mr. Jacob additionally identified.
To be introduced into mental property regulation, a sure “integrity” is required: originality of the work, model recognition, and many others. “The error will typically be simple to indicate within the space of parasitism, particularly as a result of on this case, the aggressive state of affairs shouldn’t be mandatory,” emphasised Me Jacob. That is what permits, on this case, a director to assault a broadcaster.
However watch out: infringement procedures or unfair competitors, you’ll have to select. If they’ll settle for the habits of the identical nature, the 2 actions (judgment) can’t be mixed.
Does the screenwriter have any probability of profitable his case in opposition to Netflix?
It’s tough to reply this query. Did a screenwriter write your script or is it simply in your head? Contemplating that the state of affairs is developed sufficient, are there any similarities with the movie? Did Dietschy even see his “competitor” movie? There are lots of questions that the decide should ask himself.
“Copyright protects a species, parasitism is an financial necessity. The selection to go on this second ground may be clever if the state of affairs remains to be within the womb, whether it is restricted, for instance, to the parable,” Me Garbarini famous. “It is going to be a query of bringing into the financial area an concept which, in itself, even whether it is authentic, shouldn’t be protected, as a result of it has not been developed in writing. » an interesting authorized argument in perspective.
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