Copyright Infringement Claims — Grounds and Demands
A claim for infringement of an author's rights is built on three articles: Article 17 establishes the personal non-property rights that become the object of infringement and never leave the author; Article 58 defines what counts as infringement and what liability it entails; and Article 59 gives the full catalogue of demands — from recognition to one-time compensation. This page explains the claim from ground to remedy.
The Personal Rights That Are Infringed — Article 17
The author's personal non-property rights are: the right to be recognized as the author and to demand indication of the name on every use; the right to choose a pseudonym or name; the decision when to make the fact of creation known; the right of integrity — permission for changes and opposition to changes made without consent; the right of respect for reputation — protection from distortion damaging the author's honour or dignity; permission for the attachment of other authors' works; and the right of withdrawal — demanding cessation of use, inapplicable to works made for employment. These rights belong to the author independently of the property rights and are not alienated during his life — the removal of a name, the distortion of a work or the denial of authorship therefore meet the claim precisely under this article.
The right of withdrawal is exercised at the author's expense, with a public declaration and compensation of the user's damage including lost profit; the author may also withdraw from circulation, at his own expense, copies prepared earlier. Heirs and the person appointed by the author enforce the protection of these rights without limitation in time — the protection of personal rights outlasts any term.
What Counts as Infringement — Article 58
Infringement entails civil, administrative and criminal liability, and a person who does not comply with the law's requirements is deemed an infringer. Infringement also includes: the unlawful use of a work, performance, phonogram, videogram, broadcast or database; the alteration or deletion of rights-management information without permission; the distribution of a work knowing that information was altered; the circumvention of technological measures; the production, import, distribution, sale, rental or advertising of technologies and devices serving circumvention; the offering of neutralization services; and the failure of a hosting provider to perform the obligations triggered by a written notice. When preparing the claim, it is from this enumeration that the act occurring in your case is selected.