RIDA219 |01-2009
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FORMALISM IN AUTHORS’ CONTRACTS: AN ASSESSMENT AFTER THE COURT OF CASSATION’S DECISION OF 21 NOVEMBER 2006
The protection of authors by contract law is one of the cornerstones of droit d’auteur.
The rationale is simple and well known: it is pointless to grant rights to authors if the rights can be transferred to the author’s contractual partners without any restriction.
Authors must be able to transfer their economic rights to persons who are going to exploit their works, but at the same time their interests must be protected when concluding the relevant contracts.
If complete freedom were given to the contracting parties, it is to be feared that the party in the strongest bargaining position would try and take advantage of that position to obtain the author’s rights without balanced
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