Publication in France of works by foreign writers
Friday, 10 December 2004
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When a publisher or any other French structure edits, publishes and distributes in France a work by an author who is a resident of a foreign country, several administrative questions may arise :
> visas, residence and work permits if the foreign writer is traveling to France ;
> social and fiscal obligations pertaining to compensation paid to the foreign author.
Residence and works permit
When a French publisher publishes a book by a foreign writer who is not a resident of France, the foreign author does not exercise a professional activity in France even if he or she travels to France, for example for promotional reasons.
The publishing contract is defined by the industrial property code as : « a contract by which the author of a work of the mind or the author’s beneficiaries transfer under specific conditions to a person referred to as the publisher the right to print or have printed a certain number of copies of the work and then proceed with the publishing and distribution of the said work (article L. 132.1). »
The rights transferred by the author are principally the reproduction right, which gives the right to print the book, and if the case arises, the rights of translation and adaptation, etc.
In return for this transfer of rights, the author receives a compensation called a droit d’auteur (author’s royalty).
In principle this compensation is proportional (a percentage of the retail price of the work) ; in some cases it may be a set fee.
This sum paid to an author who is a resident of a foreign country is not compensation for a professional activity exercised in France. Indeed, in this case there is no salaried activity or commercial, industrial or craft activity being exercised which would require foreigners to obtain a prior authorization to work.
If the writer does come to France, for example for promotional activities, book fairs, etc., only those formalities regarding entering French territory (visas, etc.) are required ; no procedures for obtaining work permits are necessary.
Nb > In order to obtain a visa from the French embassy or consulate in his or her country of origin, the author will be required to show proof of the reasons for the stay (since this is professional travel, proof could take the form of the publishing contract, letters exchanged with the publisher, letters of invitation).
For more information :
French regulations regarding author’s rights, royalties, and visas :
www.droitsdauteur.culture.gouv.fr
www.culture.gouv.fr/culture/sedocum/dll-cd.htm (in particular the section « Vous êtes écrivain » (You are a writer)).
> visas, residence and work permits if the foreign writer is traveling to France ;
> social and fiscal obligations pertaining to compensation paid to the foreign author.
Residence and works permit
When a French publisher publishes a book by a foreign writer who is not a resident of France, the foreign author does not exercise a professional activity in France even if he or she travels to France, for example for promotional reasons.
The publishing contract is defined by the industrial property code as : « a contract by which the author of a work of the mind or the author’s beneficiaries transfer under specific conditions to a person referred to as the publisher the right to print or have printed a certain number of copies of the work and then proceed with the publishing and distribution of the said work (article L. 132.1). »
The rights transferred by the author are principally the reproduction right, which gives the right to print the book, and if the case arises, the rights of translation and adaptation, etc.
In return for this transfer of rights, the author receives a compensation called a droit d’auteur (author’s royalty).
In principle this compensation is proportional (a percentage of the retail price of the work) ; in some cases it may be a set fee.
This sum paid to an author who is a resident of a foreign country is not compensation for a professional activity exercised in France. Indeed, in this case there is no salaried activity or commercial, industrial or craft activity being exercised which would require foreigners to obtain a prior authorization to work.
If the writer does come to France, for example for promotional activities, book fairs, etc., only those formalities regarding entering French territory (visas, etc.) are required ; no procedures for obtaining work permits are necessary.
Nb > In order to obtain a visa from the French embassy or consulate in his or her country of origin, the author will be required to show proof of the reasons for the stay (since this is professional travel, proof could take the form of the publishing contract, letters exchanged with the publisher, letters of invitation).
For more information :
French regulations regarding author’s rights, royalties, and visas :
www.droitsdauteur.culture.gouv.fr
www.culture.gouv.fr/culture/sedocum/dll-cd.htm (in particular the section « Vous êtes écrivain » (You are a writer)).
Last Updated ( Tuesday, 12 December 2006 )
