The author is entitled to enforce copyright.
Copyright infringement actions may be brought before specialized courts, usually after having gathered evidence via an infringement seizure (saisie-contrefaçon), by way of an action on the merits and a summary action, in order to obtain an interlocutory injunction.
An injunction against the further manufacture, import, offer, sale, use or storage of the work can be ordered with immediate enforceability and impose penalties.
In determining the amount of damages to be awarded (compensatory – not punitive), French courts take into account distinctively:
- The negative or detrimental economic consequences of infringement, including lost gains and losses suffered by the rights holder
- The moral harm suffered by the rights holder and
- The profits earned by the infringer, including intellectual, tangible and promotional investments saved or not incurred by the infringer.
However, as an alternative and by request of the author, the court may set the damages as a lump sum. The lump sum must be greater than the royalties or rights that would have been owed if the infringer had asked for the authorization to exercise the right that has been violated. This amount is not exclusive of compensation for moral harm caused to the author.
Remedies also include, notably, the recall, destruction or confiscation of the infringing products and the publication of the judgment.
Legal costs and attorneys' fees may be recovered at the discretion of the judge.
Before the criminal courts, an infringer faces a fine of up to EUR300,000 (or EUR750,000 in certain circumstances) and imprisonment for up to 3 years (7 years in certain circumstances).