An art work can take many forms: a film, a musical composition, a sculpture, a painting, a drawing, a photograph, a literary work, an original creation from the applied arts (the design of a car, a bag, a lamp, a bottle of perfume...), etc.

The creation of a work grants its author an intangible property right enabling him to determine the conditions of exploitation of his/her work (the "copyright", understood here as meaning author's rights under French law).

Works that can be performed also give rise to related rights to copyright: the performing artists' rights.

The legislator has also conferred related rights to phonograms and videograms producers, to audiovisual communication companies and more recently, to press publishers and press agencies (with the coming into force of the law of 24 July 2019).

Nathalie MERCIER regularly assists rights holders in the protection, negotiation, transfer or defense of their rights.

Nathalie MERCIER is also a lawyer representing artists and authors. In particular, she represents the interests of literary authors/screenwriters and their works in relation to the audiovisual market (producers, distributors).

Examples of intervention: 

• Consultations and recommendations on various issues related to copyright and/or related rights,
• Strategic advice on the protection of rights,
• Drawing up/negotiation of authors' contracts, assignment/licensing of rights, 
• Representation of the interests of literary authors and scriptwritters in the framework of a mandate,
• Litigation and pre-litigation, particularly in the context of infringement and/or unfair competition/parasitism proceedings,
• Audit of contracts and chains of rights.

See also the Audiovisual/ Music/ Litigation sections.

Many legal issues may occur in the audiovisual industry:

• Issues related to the application of audiovisual regulations or legislation on French copyright law and related rights,
• Issues related to other areas of law that are interrelated with audiovisual law: insurance law, employment law for intermittent workers, personality rights (including image rights), music law, advertising law, etc.

Nathalie MERCIER regularly assists her Clients with these issues.

Types of intervention:

• Advice on the protection of formats, audiovisual and/or cinematographic works,
• Advice on audiovisual regulations (CSA regulations, CNC support, tax credits, audiovisual quotas, etc.),
• Assistance in the drawing up and negotiation of agreements related to the creation and/or exploitation of a work: development agreements, commissioning of texts, transfer/licensing of rights, co-production agreements, directors' agreements, performers' agreements, set design agreements, pre-purchase of broadcasting rights, distribution agreements, agreements related to the exploitation of ancillary rights, etc.
• Assistance in the drawing up and negotiation of service provision agreements, non-disclosure agreements,
• Drafting of authorizations for the exploitation of right of personal portrayal - personality rights, assistance in the drafting and negotiation of agreements for TV hosts, contestants for television shows, etc.
• Various interventions in photography law/graphic design,
• Legal assistance in the creation and distribution of advertising campaigns, including the purchase of digital advertising space,
• Assistance in the drawing up of game rules,
• Advice and assistance in the management of private copying right,
• Assistance in infringement/piracy proceedings,
• Assistance in unfair competition proceedings.

Whether in the context of an audiovisual, advertising project or independent exploitation of a musical work, Nathalie MERCIER counsels and assists her clients in order to secure the legal aspects of their projects.

Examples of intervention:

• Advice and assistance in music law,
• Drawing up of agreements (musical publishing, order and rights assignement agreement, artist agreement, synchronization agreement,...),
• Assistance in the context of infringement/piracy prodeedings.

See also the sections Copyright/ Related rights/ Audiovisual/ Litigation.

The Firm works alongside its clients to protect their rights and ensure their peaceful enjoyment (strategic advice on filing, prior art searches, coexistence agreements, licensing/assignment of rights agreements, protection of know-how, preparation of NDAs, etc.).

The Firm is also involved in the defense of your rights (opposition proceedings before the relevant offices, infringement proceedings, trademark nullity proceedings, etc.).

It also assists you in protecting your domain names.

Unfair competition practices are common and can take several forms. They may consist of business disruption, imitating distinctive features of a competitor in order to create a likelihood of confusion in the consumer's mind, or, in order to take advantage of this, placing oneself in the wake of a competing business (parasitism) or bringing discredit on a business or its products (denigration).

An action for unfair competition can be initiated independently or in conjunction with an infringement action, provided that it aims to compensate for a loss distinct from an infringement of a private right.

The firm assists its clients in the search for evidence and the defense of their interests, in the context of actions based on unfair competition, parasitism or commercial denigration.

Insurance law is increasingly at the heart of the activity of producers and event organizers, especially in the context of crisis we are experiencing (strikes, terrorist threats, pandemics, etc.).

It is therefore essential to pay particular attention to the negotiation and drafting of your insurance contracts (production risk insurance, professional liability insurance, material and computer risk insurance, set insurance, etc.).

In this respect, Nathalie MERCIER regularly assists its clients both in the review and negotiation of the clauses contained in the insurance contracts and in the interpretation of these contracts in the event of a claim.

The labour law of "intermittent workers" is governed by the Labour Code, but also by national collective agreements resulting from professional agreements between the social partners, whose articulation with common labour law is not always easy.

In particular, the use of fixed-term contracts in the audiovisual sector gives rise to numerous actions for reclassification.

The Firm counsels and assists its clients on the social aspects of the status of "intermittent workers", in particular with regard to the risks of reclassification of fixed-term contracts into permanent contracts.   

Information and Communication technologies are omnipresent, particularly in the audiovisual sector.

The firm assists its clients in all legal matters and in the drafting of contracts related to the development and exploitation of these technologies (protection of databases, development and exploitation of software, transfer/licensing of rights, etc.).

The firm also offers assistance in the compliance of its clients' personal data management policy with the General Data Protection Regulation (RGPD) of 27 April 2016 and the "Informatique et libertés" law of 6 January 1978 in its latest version.

Nathalie MERCIER defends its clients' interests in all judicial (summary proceedings, proceedings on the merits) and extra-judicial (opposition proceedings) actions. Special consideration is given to the search for and constitution of evidence, which is essential to the success of a case.

In the interests of peace, the firm also puts all its expertise into finding an amicable solution, whenever possible and when the client agrees.

Types of intervention:

• Infringement proceedings
• Actions for unfair competition
• Violation of image/personality rights
• Contractual liability
• Liability in tort
• Commercial disputes
• Amicable settlement