Architecture et droit d'auteur : approche comparatiste franco-canadienne

Authors: Henocq, Cybil
Advisor: Azzaria, Georges
Abstract: This essay aims to study the particularities of the protection of architectural works in copyright, and more specifically its limits resulting from the nature of the work, in French and Canadian law. The main objective of this research is to demonstrate that there are intrinsic limitations to the protection of architectural works in both French and Canadian copyright law, which therefore differs from the ordinary legislation regarding copyright. Incidentally, this study will lead us to demonstrate that these specificities show nuances from one legal system to another, which reflect the marks of a more fundamental difference between French law and Canadian law in terms of copyright conception. On the one hand, the French conception of “droit d’auteur”, finely personalist and romantic, places the author's person at the heart of the protection by giving him significant prerogatives. On the other hand, Canadian copyright stems mainly from a common law tradition and is thus animated by a more economic and labour-oriented logic which further focuses on the economic exploitation of the work and public interest. This demonstration will be made by studying the qualification of the work, through the notions of originality and counterfeiting, and its intangibility, which is weakened by the confrontation between the moral right of the architect and property right.
Document Type: Mémoire de maîtrise
Issue Date: 2019
Open Access Date: 11 March 2020
Grantor: Université Laval
Collection:Thèses et mémoires

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