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Theses

La liberte de création

Abstract : The freedom of creation concept is difficult to understand. There is no consensus on the scope of this freedom. It is widely considered as a freedom of expression subset - restricted to the freedom of artistic creation, or even for one of the aspects of freedom of trade and industry. Freedom of creation possesses specific features and is autonomous. Therefore it can be protected, as such, by the judges, before the creation, this is the case for the contracts concluded between painters and art dealers. In this case, this is considered prior to the grant of rights. The freedom of creation cannot be considered only from this perspective. Indeed, freedom of creation needs to be protected at the different stages of creation and the delineation of such freedom are sought in the protection given to the creation and the stakeholders. Therefore, freedom of creation is closely related to intellectual property rights, if one considers that this rights protect creation. Freedom of creation is guaranteed by balance between protection and freedom in this rights. Beyond this balance, freedom of creation may have to be confronted with other fundamental rights and freedoms. Public policy or morality, freedom of religion, right to privacy may thereby limit the freedom of creation. Using the freedom of creation concept can contribute to give precedence to interest of the creator.
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https://tel.archives-ouvertes.fr/tel-00868027
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Submitted on : Tuesday, October 1, 2013 - 9:07:24 AM
Last modification on : Thursday, August 4, 2022 - 4:56:31 PM
Long-term archiving on: : Thursday, January 2, 2014 - 4:31:05 AM

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Isabelle Pignard. La liberte de création. Droit. Université Nice Sophia Antipolis, 2013. Français. ⟨NNT : 2013NICE0020⟩. ⟨tel-00868027⟩

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