I bought a counterfeit from a foreign country over the Internet for my personal usage, do I risk anything?
Importing a counterfeit is punishable in the same way as counterfeiting and, furthermore, it is an offense under the French Customs code.
I own a counterfeit which I keep at home, am I committing a crime?
Yes. The fact of knowingly keeping a counterfeit is considered as a crime of concealment.
I have just found out that I own a counterfeit, what should I do?
Knowingly keeping a counterfeit is a crime. To avoid any subsequent implication, you should destroy it or return it to its copyright owners to obtain a transfer receipt. You may also file a complaint against the person who sold it to you and inform the copyright owners so that they may file jointly.
I made a copy of an artwork for my private use, am I at fault?
Yes. Copies whose purpose is identical to that for which the original work was created are counterfeits, even if it is for a private use.
I sell works that are servile copies of an artist’s characteristic style, but I clearly indicate that they are “in the style of” or “after” that artist; do I have the right to do this?
No. Selling counterfeits, whether they are copies or adaptations, is a crime even if they are announced as such.
I make servile copies of the characteristics of works by artists to whom I wish to pay tribute, is this lawful?
No. Unauthorized “Tributes” are adaptations which are considered as counterfeits. They are not an exception to French Intellectual Property law. Furthermore, in the case of their being marketed, they are considered as an act of parasitism or unfair competition since the “tributes” benefit from the reputation acquired by the authentic creative works and the person who executes them causes damage to the holder of the authentic work’s copyright.
I am an artist and I appropriate the works of other artists to create works which I sign in my own name; do I have the right to do so?
No. The French Intellectual Property code does not provide for any exceptions for artists. Approval from the primary work’s author or copyright holders is mandatory before creating any work derived from preexisting works.
I make copies of works by famous artists but I disseminate them as “caricatures” or “pastiches”. Do I benefit for this reason from the exception provided for in the French Intellectual Property code?
No. The caricatures or pastiches must comply with the “laws of genre”. They must not cause any confusion in the mind of the public.