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21 juin 2012.

ARR. All Rights Reserved or All Rights Removed ?

Nowadays some publishings use the label ’All Rights Reserved’ (...)

This law is only applied in France.

WHO’s that photographer who signed All Rights Reserved ?

’All Rights Reserved’ or ’DR’ is used in really rare cases in which the author of the photo cannot be identified. For example, dead war photographers without descendants, that is to say without beneficiaries, are in this case.

The French Intellectual Property Code (article L.122-9) can appoint a judge to give the authorization of use of the photographic artwork. The Court will authorize the legal and special use of ’All Rights Reserved’ or ’DR’. (Without due authorization of the Court, the use of ’ARR’ or ’DR’ is impossible.)

Nowadays some publishings use the label ’All Rights Reserved’ excessively, without due authorization and acknowledging their mistake : Using an artwork without due authorization is considered as an act of copying, evenmore if the artwork is labelled ’ARR’ and that no Court has authorized to use this term.

With no authorization from its owner, it is impossible to use a motorbike, to damage its number plates or car registration papers. It would be considered as a theft for all of us. However, some publishings modify artworks, don’t pay their authors and label ’ARR’ instead of the photographer’s name. It means losses for photographers. It can also be considered as an unfair competition for publishings of quality, who pay authors’ rights. Acts of copying, as thefts, frauds or any form of unfair competition, should be fought against and punished.

A light in the darkness of the photographic world

To fight against the abusive use of ’ARR’ or ’DR’, a law has been suggested by the senator Marie-Christine Blandin which led to a debate in the Senate in 2012. The first article has been adopted :

I. - After the article L. 113-9 of the French Intellectual Property Code, the article L. 113-10 is integrated and written as follow :

« Art. L. 113-10. - An orphan artwork is protected and disclosed. Despite serious researches, its beneficiaries haven’t been identified or found. »

II. - A fair authority of representation for authors and users is appointed to define the criterias that will determinate if the artwork is orphan as explained above. A decree from the French Council of State precises the composition and functioning of this instance.

This law is only applied in France.



Photographe reporter professionnel à la retraite. Mais pas encore en retrait.



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