The question remains whether an intern is allowed copyrights during the duration of their internship in a business. Their status as “intern” versus that of “employee” does not affect copyrights. French Intellectual Property Law requires that interns receive the same treatment as that of any other employee.
Thus, if your intern works on a project, you owe him or her copyrights.
The payment method is identical to the employee’s; a commission-based payment. Nevertheless, it is also possible to offer a fixed remuneration if you comply with the six exceptions laid out in French Intellectual Property Code.
Also, if the employer can prove that the intern was under the control of the company and that the creation was a consequence of genuine teamwork, meaning that it is impossible to say that the intern independently produced an original work, the employer will most likely not have to pay for the intern’s copyrights.
In any case, before hiring an intern in France, you should ask your IP Lawyer to consider this issue and draft a contract that protects your company and its assets. Copyright is a challenging issue where anything is possible and lawsuits are abundant.
Thus, in order to avoid any mistakes or inaccuracies in your company’s professional relationship, it is recommended that you consult your French intellectual property attorney.
