The copyright applicable to lecturers is based on the general copyright applicable to public agents, although several articles of the French intellectual property code do not apply in their case, when they work within the frame or their lecturing and researching role.

Therefore one must explore the changes brought about by the DADVSI law to the 1957 law as far as all civil servants are concerned, the better to understand the specific case of lecturer-researchers.

Title II of the DADVSI law: Copyright for State agents, regional authorities and public administrative bodies modifies articles L111-1, L121-7-1 and L131-3-1 to L131-3-3 of the French intellectual property code.

While article L111-1 of the IPC acknowledges copyright for all public agents, it adapts it in the interest of civil service. A number of articles bring the following four restrictions and specifications:

• Impossibility for the agent to oppose any modification to their work by their superior in rank, provided their honour and good name be safe (art. L121-7-1).

• Impossibility for the agent to "exercise their right to withdraw and repent, unless their superior in rank agrees to it" (art. L121-7-1).

• The exploitation right for a work "created by a State agent in the performance of their duty or following instructions is fully conveyed to the State as soon as the work is created" (art. L131-3-1).

• The State owns a right of preference for any commercial exploitation of a work created by an agent in the performance of their duty (art. L131-3-1). The agent "may claim a share of any profit derived from the exploitation of their work when their public employer […] has derived a profit from [its exploitation]" (art. L 131-3-3).

While lecturer-researchers are indeed public agents, article L111-1 differentiates between various categories of public agents, depending on whether or not they are subjected to a "preliminary control from their superior in rank".

As it happens, the Code of Education in its article L.952-2 specifies that: "Lecturer-researchers, lecturers and researchers enjoy full independence and complete freedom of speech in the performance of their lecturing duty and researching activity […]".

In virtue of which, articles L.121-7-1 and L.131-3-1 to L.131-3-3 do not apply to lecturer-researchers.

A lecturer-researcher may therefore:

• "exercise their right to withdraw and repent", oppose any modification to their work by their superior in rank,

• Freely exploit the work they created, without any right of preference being granted to the State.

Lecturer-researchers therefore enjoy a derogatory system to the system applicable to public agents.