Copyright and applicable penalties
"We must punish, not to punish, but to prevent."
Sénèque
Nobody is supposed to ignore the law
When ordering or purchasing a work, the owner only acquires the “material support”. Intangible property rights, namely economic rights and moral rights, belong to the author of the work (see articles L121-1 to L122-12 of the Intellectual Property Code). The moral right of the artist is “perpetual, inalienable and imprescriptible”. It is linked to the person of the author who cannot renounce it or transfer it to others. Upon his death, this right persists for the benefit of his beneficiaries during the current calendar year and the following 70 years (see article L123-1 of the Intellectual Property Code). Consult the French government website on this subject.
Copyright protects literary works, in particular graphic, sound or audiovisual and plastic creations, musical creations, but also software, creations of applied art, fashion creations, etc. Performing artists, producers of videograms and phonograms, and audiovisual communications companies also have rights related to copyright.
The law specifies that copyright is acquired without formalities, by the very fact of the creation of the work. All creations of an artist are therefore protected from the day the artist created them, regardless of:
- The form of expression (written or oral form, in fact the way in which the work is communicated to the public).
- The genre (i.e. the category of work, for example a painting, a novel or a photograph)
- Merit (i.e. the talent or genius of the author)
- The destination (i.e. whether the work is a purely artistic creation or applied art).
Read more on the INPI website
So much for artistic copyright law. Regarding e-commerce platforms that offer marketplaces and which, due to lack of skills and respect, do not verify the integrity of sellers, I personally consider them to be accomplices.
Complicity: an accomplice to a crime or an offense is the person who knowingly, by aid or assistance, facilitates its preparation or consumption, or who by gift, promise, threat, order, abuse of authority or power causes an offense or gave instructions to commit it.
Taking a commission on a fraudulent sale completes the certification of the duplicity of the disrespectful platform.
The lack of awareness, respect and intelligence of the e-commerce players concerned is seriously harmful to the artists whose works are misused. We are talking about serious offenses and crimes such as unfair competition, usurpation, counterfeiting, violation of the moral rights of the author, fraud, false advertising, tax evasion, money laundering!
It is crucial to respect artists' copyrights. Any unauthorized use of their creations can and should result in financial penalties. No one is exempt from these rules.
If an infringer refuses to pay for unauthorized use of a copyrighted work, this may result in legal action. In addition to paying the initial usage fees, the infringer will then have to bear the costs associated with legal proceedings, such as lawyers' fees, court costs and possibly additional damages. These additional fees can significantly increase the total cost of copyright infringement. It is therefore essential to respect copyright from the start to avoid legal complications and unforeseen expenses.
In order to deter any fraud, I have developed and implemented a tiered enforcement system. As soon as I discover unauthorized use of my designs or the name "Hobookan" on the Internet, I will issue a detailed invoice, the specifics of which can be viewed below. As everyone is supposed to know the law, and it applies to everyone, I refuse to accept the argument according to which I should inform e-commerce platforms in advance before removing my creations from their sales lists and of profits. Artists have the same rights as luxury brands, which are constantly subject to counterfeiting. If these e-commerce players do not understand this, we will act to strengthen our rights through the evolution of the laws. The "no seen, no caught" mentality must end, and offenders must be punished. These sanctions must above all benefit artists, rather than States. In France, the law stipulates that in the event of counterfeiting fraud, the offender incurs:
- Possessing counterfeit products exposes the holder to having these products confiscated by customs services and being fined (between one and two times the value of the object of fraud).
- Possession of counterfeits, like selling them, constitutes an offense. Sellers and holders of counterfeit goods may be sanctioned for this reason. Criminal sanctions can range up to a fine of 300,000 euros and three years in prison.
This concerns the possible share defined by law that the French state wishes to retain in each of the frauds observed. The creator, for his part, is far from claiming as much. It is therefore important to understand that I have every legitimacy to put in place these financial sanctions if someone does not respect my General terms of use, as well as the rules defining the Terms of Sales.
Presentation of applicable sanctions and explanations
| Sanctions | Informations | Comments |
|---|---|---|
| Multiplier factor | 40 | The multiplier factor determines the penalty applicable in the event of fraudulent use of the model. It multiplies the base price of the model by the advertised rate. If the total cost thus calculated does not reach the selling price of the image, the penalty will be automatically aligned with the selling price of the model. |
| Final price of a model | 30 | Multiplier factor allowing the definition of the selling price of a model. The selling price of a model defines its value. When a template is purchased, it may be used for commercial purposes, including creating merchandise or any other commercial use. |
| Sanction usurpation lyrics NFT music | 25000 € | It is essential to understand that the lyrics of all my songs emanate from the depths of my soul. I categorically refuse to allow anyone to sully or tarnish what I express. The likelihood that my words will be liked is high, proportional to humanity's growing inability to express emotions in writing. The cost of the sanction is also proportional. |
| Sanction for illegal distribution or usurpation of a music NFT. | 50000 € | The average cost of a music NFT includes part of the broadcast rights as well as part of the performance rights. This award reflects the importance of the work necessary to create quality music. From composition to recording, each step requires a considerable investment of time and expertise. |
| Hobookan usurpation penalty * | 1500 € | Penalty fees for impersonating my artist name “Hobookan” are determined based on the harm caused by the name. These fees take into account the negative impact on my reputation, the potential loss of revenue, and the additional costs incurred to remedy this impersonation. |
| Application fees | 350 € | If counterfeiting or fraud is detected, a processing fee will be applied to cover the administrative costs associated with identifying and managing the infringement. These fees include expenses related to collecting evidence, assessing damages, writing reports, and communicating with affected parties. Filing fees are essential to offset the time and resources spent protecting copyrights and prosecuting infringers. |
In case of refusal of payment |
||
| Legal fees | 3500 € | In the event of an infringement being found, if the infringer refuses to pay the financial penalties imposed, additional legal costs will be incurred. This fee covers the costs of legal proceedings necessary to recover amounts owed, including attorneys' fees, complaint filing fees, and expenses associated with hearings and investigations. The amount of these legal fees will be added to the initial penalties, thereby increasing the total cost to the offender. This measure aims to ensure copyright protection and deter repeat infringement. |
| Monthly penalty rate | 10 % | In the event of late payment, a penalty rate will be applied for each month of delay. This rate, expressed as a percentage, is added to the initial amount due and is calculated monthly. This penalty aims to encourage rapid payment of amounts due and to compensate for the inconvenience and additional costs caused by late payment. The penalty rate is designed to reflect the importance of meeting agreed payment deadlines and to deter prolonged delays. |
On each model page, you will find the complete and detailed price list, including the penalties applicable in the event of an infringement. This information is made available to ensure full transparency about the costs associated with the use of our images. In the event of a violation, the penalties indicated will be systematically passed on to the offender. This may include the company directly involved in the infringement, the complicit marketplace, or both parties. This approach aims to make all stakeholders responsible and to guarantee respect for copyright in a rigorous manner.
In the event of legal action for counterfeiting, costs for moral damage will be claimed to compensate for the damage suffered. Counterfeiting can cause significant emotional harm, affecting the artist's reputation, credibility and psychological well-being. These costs are intended to recognize and compensate this moral suffering. In addition to costs for moral damage, damages will also be requested to compensate for the financial losses suffered by the artist due to the infringement. This may include loss of revenue due to unfair competition, depreciation of the value of the original work, or costs incurred to enforce copyrights. Damages are intended to restore financial balance and to deter offenders from repeat offenses.
By browsing this site, each user is informed of the risks incurred in the event of attempted theft or unauthorized use of images. The procedures and copyright protection measures put in place aim to guarantee respect and fair remuneration for the work of artists. By choosing to respect these rights, each user helps support creativity and innovation, while avoiding the legal and financial consequences associated with counterfeiting.
* In February 2009, I registered the name Hobookan before a bailiff and with the commercial court of Evreux, France. On March 2, 2009, my birthday, I founded a company called Hobookan LTD in Cardiff, England. Hobookan is a let-motiv that I created on March 2, 1988. It is a unique word that means: At the End (of things) Patrick you Kan go. I am the only one who can use this creation which has become my artist name. Any use without my consent is illegal. The word 'Hobookan' is above all an artistic creation. This is an important leitmotif, the variation of which as a logo was originally designed to apply to a range of surfwear clothing and to infuse a certain energy into communication documents. As an artistic creation, 'Hobookan' is subject to article L.111-1 of the Intellectual Property Code, which states: "The author of an intellectual work enjoys this work, by the sole fact of its creation, an exclusive intangible property right enforceable against all. » I have therefore had legal authorship of the word 'Hobookan' since February 2009. Let the scammers who use it for commercial purposes, advertising or for any other objective prove that they held this authorship before this date!
