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Skills2018-06-08T11:23:05+00:00

Skills

Copyright irrigates all the areas of Culture and Communication, from the most conventional arts such as photography and architecture to contemporary art including video and artists’ performances: Eligibility for protection by copyright, ownership of copyright and moral rights of authors.

Pierrat & de Seze’s lawyers advise, draft contracts and defend the authors’ interests before the courts.

Sophie Viaris of Lesegno is renowned for her precise expertise in this field.

Emmanuel Pierrat has written several books on copyright: Editions du Cercle de la Librairie have published Le Guide du droit d’auteur à l’usage des éditeurs in 1995, Le droit d’auteur et l’édition in 1998 and 2005, Le Droit du livre en 2001 et 2005, Les Contrats de l’édition in 2011 (Editions du Cercle de la Librairie).

In addition, Emmanuel Pierrat is the author of numerous essays on culture and Intellectual Property in general: La Culture quand même in collaboration with Patrick Bloche and Marc Gauchée Thousand, published by Editions Mille et une nuits in 2002, Pirateries intellectuelles, published by Sens & Tonka Editions in 2005, la Guerre des Copyrights published by Fayard in 2006, Famille je vous hais! Les héritiers d’auteur published at Hoëbeke Editions in 2010, Cent oeuvres d’art censurées, published in 2012 by Editions Le Chêne, Le Droit d’auteur in 2016 (co-written with Fabrice Neaud).

Emmanuel Pierrat is also Director of AFPIDA, French section of the International Literary and Artistic Association (ALAI) and participates in debates on international issues of copyright.

Emmanuel Pierrat collaborates in the activities and projects of international bodies, which allows him to acquire an accurate expertise on the international problems that emerge in the field of copyright in particular.

He is a member of the Board of Directors of the International Union of Lawyers (UIA). He performs frequent missions of expertise and training in the field of Cultural Law throughout Africa, the Near and Middle East, India.

In addition, Emmanuel Pierrat, as Vice-Chairman of the Committee on European and International Affairs, National Council of Bar Associations, participates in numerous events and reflections in foreign bar associations.

Beyond the rules of devolution of copyright, there are also specific provisions governing the market operation and the behaviour of its stakeholders.

Pierrat & de Seze accompanies stakeholders, provides advice and represents them in litigations relating to the sale of works of art, professional responsibility in pursuit of counterfeiters or stolen works of art.

Member of the Association Art et Droit, Emmanuel Pierrat also participates actively in the debate on the definition of ownership of works of art and the duty to return them to their owners and country of origin.

In this regard, he wrote the following essays: Museum Connection, enquête sur le pillage de nos musées, in collaboration with Jean-Marie de Silguy and published by Editions First in 2008, Faut-il rendre les oeuvres d’art? published by Editions CNRS in 2011.

In addition, Emmanuel Pierrat, specialist and collector of African art, has written a book Comprendre l’art africain, published by Editions Chêne in 2008.

Architecture is a professional field governed by the literary and artistic property law. It raises specific issues within both private law and public law.

The firm assists its clients in managing the risks associated with this activity, upstream and downstream.

Emmanuel Pierrat received the silver medal of jurisprudence from the Academy of Architecture and regularly provides training in copyright and image rights within the Ordre des Architectes d’Ile de France.

He has also collaborated in the writing of a book on the architect Claude Vasconi and actively participated in the discussions and debates on the Paris new Palais de Justice in the Batignolles district.

The firm advises stakeholders of the entertainment world: companies, theatres, festivals and many unions of the spectacle.

 

The lawyers also assist audiovisual actors such as production companies, distributors and broadcasters in negotiating and drafting contracts of transfer of rights, but also before the courts.

Emmanuel Pierrat has taught courses to students of the Ecole Nationale des Gobelins.

Book is a cultural property whose trade is under very specific regulations that apply to different stakeholders that are typically the authors, publishers, distributors and broadcasters. Pierrat & de Seze advises these providers, drafts contracts and represents them in the context of disputes involving their responsibility. It also assists its clients in the transition to the digital book and its legal implications in terms of publishing contract.

In this field, Sophie Viaris of Lesegno has developed an expert competence. She accompanies authors and publishers in drafting their contracts, advises them and defends them before the competent jurisdictions.

In this regard, Emmanuel Pierrat is the author of many books for practical legal publishing professionals: Le droit de l’édition appliqué I and Le Droit de l’édition appliqué II published in 2000 and 2002 Editions du Cerle de la Librairie / Cecofop but also by the same publisher, Le Droit du Livre published in 2001 and in 2005, Les Contrats de l’Edition available since 2011 on the website editionsducercledelalibrairie.com. Emmanuel Pierrat has also published a Guide juridique pratique de l’éditeur at Strategies in 2001.

He holds the legal chronic in professional periodicals about publishing and printing books Livres Hebdo.

The development of communication media including mobile, software, Internet and social networks has created new problems especially in terms of liability of Internet services and privacy statement.

Pierrat & de Seze assists its clients by advising them in the development of their business on the Internet, especially when creating their websites and write their terms and conditions.

Pierrat & de Seze also assists clients in the negotiation and drafting of contracts of acquisition or transfer of rights involving new technologies.

In addition, the firm’s lawyers have developed an expert competence in disputes relating to domain names, notably by representing its clients in the framework of procedures before WIPO and by advising them in the definition of their strategy marketing.

Special attention is paid to the new problems raised by Internet and respect for the rights of individuals, right to privacy, right to forget, respect for personal data and legislation relating to online press law .

Thus, Pierrat & de Seze ranks among the law firms enjoying a “reputable practice” in the “Internet” field of the Décideurs 2018 guide.

Emmanuel Pierrat co-chairs the Jurys of the National Bar Council, awarding the specialization “Intellectual Property Law” and “Law of New Computer and Communication Technologies”.

Company names, brands, trade names, domain names, trademarks and designs are intangible assets of the business whose value is essential and is a goal for every business.

Pierrat & de Seze assists its clients in developing a coherent strategy and competitive protection of its intangible assets, distinguishing relevant choices and available to safeguard their rights against acts of unlawful and unfair competitors.

Thus, the firm acts on behalf of its customers as well to defend their rights and interests before the INPI, in the framework of actions in opposition to particular brands that before competent courts to hear disputes relating to infringement of trademarks, designs and unfair competition actions and parasitic.

Sophie Viaris Lesegno has acquired expert competence in trademark and designs law in both counseling and litigation.

Pierrat & de Seze ranks among the law firms enjoying a “reputable practice” in the field “Industrial property. Brands and designs »of the Décideurs 2018 guide.

Pierrat & de Seze lawyers assist and represent their clients in civil and commercial matters, accompagnies them from the pre-litigation phase to the execution of the decisions rendered.

Pierrat & de Seze has developed a recognized competence in the field of civil liability law and in particular professional liability.

Carbon de Seze also intervenes before the disciplinary bodies of the Regulated Professions and the Independent Administrative Authorities.

Pierrat & de Seze has also developed expertise in general criminal law, morals and criminal law.

Emmanuel Pierrat has gained expert experience in the field of sexual offenses and has attended her clients several times during Assisi trials.

On this subject, Emmanuel Pierrat is the author of an essay entitled Sex and the Law. He is also a member of the associations Rights and Freedoms and France Justice.

Carbon de Seze has developed a specific competence in criminal, business, financial, environmental and political litigation.

The dissemination of information is governed by the sacrosanct freedom of speech for everyone to tell his thoughts and public opinions through the media in particular.

This fundamental freedom knows, however, limitations governed by the law of 29 July 1881 on the freedom of the press which is intended to establish rules and procedures to balance freedom of speech with respect for fundamental rights of the person (image rights, respect for privacy, honour and reputation, presumption of innocence…) and the protection of public order.

The regime of liability of the press is a derogation of the common law, subject to short limitation periods and strict rules of procedure.

Pierrat & de Seze assists its clients, issuing an analysis of the potential risks attached to publishing a draft (proofreading manuscripts) and downstream, writing response rights and representation in criminal courts competent for press offenses.

Emmanuel Pierrat is a specialist in issues related to censorship and freedom of speech. He has written numerous essays on the subject: L’Edition en procès in collaboration with Sylvain Goudemare published by Editions Léo Scheer in 2003, Le Bonheur de vivre en Enfer published by Editions Maren Sell in 2004.Emmanuel Pierrat is also the author of Le livre noir de la censure which he co-authored with his partner Sophie Viaris of Lesegno published by Editions Le Seuil en 2008. Emmanuel Pierrat also wrote Accusés Baudelaire, Flaubert, levez-vous! Napoléon III cenure les Lettres, published by Editions André Versailles in 2010, Cent livres censurés et Cent oeuvres d’art censurées published by Editions Chêne in 2011 and 2012.

Emmanuel Pierrat is a member of the Association of Avocats praticiens du Droit de la Presse and collaborates on a regular basis to review the legal Légipresse.

He also frequently takes place in debates, conferences and roundtables on this matter.

The firm advises clients on the right to privacy, right of publicity and right to a name in order to maintain compliance with third parties and, where appropriate, to organize how to exercise these rights.

Lawyers represent clients in connection with litigation involving the rights of the individual.

Emmanuel Pierrat wrote a book about it called Reproduction interdite, le droit à l’image expliqué aux professionnels de la culture et de la communication, à ceux qui veulent protéger leur image et à tous les autres qui veulent comprendre la nouvelle censure iconographique published by Editions Maxima / Laurent du Mesnil in 2001.

He is also the author of the essay Cent images qui ont fait scandale published in 2011 by Hoëbeke Editions.

Journalists (reporters, photographers, contributors to headlines paper, digital, radio or television, on permanent or freelance worker) are all authors.

As a result, the regime of their contributions is subject to their original character is recognized, subject to copyright.

However, the status of journalists and media organizations has recently been reformed by a law of June 12, 2009 called HADOPI I setting a specific regime for transfer of copyright in the subject and inviting the social partners to define a number of legal concepts necessary for the entry into force of the new regime.

Many rounds of negotiations have been conducted between the social partners and some are still ongoing.

Pierrat & de Seze assists clients, journalists and publishers during these negotiations. He also represents them before the competent courts to enforce their rights.

Emmanuel Pierrat collaborates regularly to Légipresse in this area.

In addition, the Cabinet has acquired special competence in the area of ​​the re-qualification of freelance contracts under an open-ended contract before the Conseil des Prud’hommes.

In general, Pierrat & de Seze represents its clients, employees or employers before the Conseil de Prud’hommes in disputes relating to dismissal measures without a real and serious cause.

The firm assists its clients in the settlement of divorce by mutual consent and litigation and disputes relating to its consequences  (revision of the amount of the contribution to the maintenance and education of children and fixation of the compensatory, parental authority, primary residence and visitation of children).

Cabinet Pierrat & de Seze also assists clients in drafting contracts of Pacte civil de solidarité (PACS).

In addition, Emmanuel Pierrat participates actively in the discussion and implementation of relevant legal solutions adapted to the challenges of modern family law matters including marriage between persons of the same sex and its consequences in terms of co-parenting.

Cabinet Pierrat & de Seze is a member of the Syndicat National des Entreprises Gaies & Co (SNEG) and Emmanuel Pierrat holds a legal column in the magazine Tetu.

The firm has developed a special expertise in transgender law including accompanying clients throughout the procedures for amending the civil registers of French administration and changing names.

Emmanuel Pierrat is the author of an essay entitled Le sexe et la loi (La Musardine, 2015)

Cabinet Pierrat & de Seze has developed an expertise in the field of general labour law particularly in the context of negotiating the terms of breach of contract of employment, signing transactions or contractual termination of the employment contract.

In addition, the firm has acquired a special jurisdiction in matters of rights of journalists and retraining freelance contracts in permanent labour contracts before the Labour Court. Finally, in general, the firm represents its clients, employees or employers before the Labour Court under litigation relating to dismissals without just cause.