Société Plon et autres v. Pierre Hugo et autres

[1] Droit moral originated in France,[2] this case serves to limit the scope of that right and expand the public domain in French copyright law.

[3][4] Ceresa wrote Cosette (titled “Cosette ou le temps des illusions” in French) and Marius (French title “Marius ou le Fugitif”) in 2001, 136 years after Victor Hugo's death, and 149 years after the original publication of Les Misérables.

[6] The droit moral, codified in French law under article L111-1 of the Intellectual Property code, provides for a non-marketable right enforceable against all by the author, corresponding with the embodiment of the self that is contained within each respective work.

While the term of economic copyright in France was relatively settled, a conflict within this case was the duration of these non-economic rights which under a literally reading of L121-7-1 are indefinite.

The latter ruling (while it is explained below that on remand the court found no such tarnishing) leaves the possibility that if a specific injury could be identified there could be damages.

[3] While this issue was not addressed by the Cour de Cassation, it is an argument which may bear fruit in subsequent droit moral litigation.

Scholars believe this case opens the door in French courts for an inquiry into droit moral for any derivative work, whether or not is otherwise in the public domain.