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RIDA 201 | 07-2004

Doctrine

Authors before the Escarra Committee

MATTHYSSENS, Jean

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Début de l'article :

From 1945 to 1954, the Intellectual Property Committee, which became known as the Escarra Committee, worked on and drafted a bill that was presented to the Government, introduced by the latter in the National Assembly and, after lengthy parliamentary debates, passed then enacted on 11 March 1957. The text of this law, as amended from time to time, including notably in 1985, is still in force today. Jean Matthyssens, who, as its General Manager, represented the Society of Dramatic Authors and Composers (SACD) at the time, relates the discussions between authors and users, the negotiations between professional groups, the questions raised and the stands taken by those involved. Before turning to the substantive issues, he draws attention to certain preliminary questions that were addressed: Was a law necessary? Should the Committee follow the example of Jean Zay’s 1936 bill and reject the concept of “property”? Should it confine itself to codifying over 150 years of case law? Should contractual provisions be proposed? It is interesting to read these recollections when, in three years time, France will be celebrating the fiftieth anniversary of the law of 1957.