Right of integrity (droit au respect de l’œuvre)

The right to respect for the work, also known as the right of integrity, is the prerogative of the moral right which enables the author to object to any alteration of his or her work. It is enshrined in Article L. 121-1 of the French Intellectual Property Code, which provides that the author enjoys the right to respect for his or her work. This right is perpetual, inalienable and imprescriptible, and it protects both the material form of the work and its spirit, that is, the conception the author sought to express.

The content of the right

An infringement of integrity may be material, through deletion, addition, cutting, colourisation, cropping or alteration of the text or music, or intellectual, where the work, though intact, is presented in a context that distorts its spirit, for example advertising use, degrading juxtaposition or repeated interruption by commercial messages. French case law does not require the alteration to be prejudicial to the author’s honour or reputation, contrary to the minimum laid down by the Berne Convention: any unauthorised modification is in principle wrongful, without any need to show that it is prejudicial. The author cannot waive the right in advance in general terms, but may consent on a case-by-case basis to specific modifications.

Statutory qualifications

The statute adjusts the right of integrity in three areas. For the audiovisual work, Article L. 121-5 IPC provides that any modification of the final version, settled by common agreement between the director and the producer, requires the consent of those persons, and that transfer to another type of medium for another mode of exploitation requires prior consultation of the director. For software, Article L. 121-7 IPC prevents the author, unless otherwise agreed, from objecting to modification of the program by the assignee where it is prejudicial neither to his or her honour nor to his or her reputation. For public servants, Article L. 121-7-1 IPC makes any objection to modifications conditional on proof of such prejudice, with due regard to the needs of the service.

Reconciliation with the rights of third parties

The right of integrity comes up against other legitimate interests. For the work of architecture, case law reconciles the architect’s moral right with the property right of the building owner, accepting modifications made necessary by functional or safety requirements or by adaptation to new needs, provided they are proportionate and respect the spirit of the work. For works of applied art and commissioned works, the agreed constraints of exploitation limit the author’s claims. Finally, the parody exception in Article L. 122-5 IPC permits humorous distortion within the limits of the rules of the genre.

Key points

The author may object to any material or contextual modification of his or her work without having to prove harm to reputation, except in the cases adjusted for software, audiovisual works and public servants. Exploiting parties must obtain specific consent for each intended adaptation, because a general waiver is ineffective. Before any cut, cropping or change of medium, the author should be consulted and his or her consent documented.

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This glossary entry is general in scope and does not constitute legal advice.

Dhenne Avocats is a patent litigation firm. Matters outside that field, such as trade marks, designs, copyright and IT contracts, are handled by practitioners the firm works with regularly, and by the firm itself when they arise in a patent dispute.

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