To benefit from the presumption of copyright ownership, it is necessary to precisely identify the work in question, and to establish the utilisation, under the name of the person claiming the rights, of the work in question in a peaceful and unequivocal manner.
The court of appeal states in particular that the elements which “relate to the preparatory phase prior to the presentation of the products to the public cannot characterise acts of unequivocal utilisation which may justify the benefit of the presumption of ownership”.
