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Le Brun v. SA Braesheather
France Court of Cassation
164 Revue Internationale Du Droit D’Auteur 304 (1995)
Facts
The SA Braesheather company (defendant) ran an art gallery in Paris called the Paris Art Center. Braesheather organized an exhibition and published a catalog to accompany the exhibition, which was distributed under the name of the Paris Art Center. The catalog included contributions from seventeen authors, including an introduction by A. Le Brun (plaintiff), a Braesheather employee who was the artistic adviser for the Paris Art Center and organized the exhibition. Le Brun coordinated the contributions to the catalog from different authors and oversaw the catalog’s publication. Le Brun did not receive any payment for the 5,000 copies of the catalog that were sold. Le Brun sued Braesheather, alleging that she was a joint author of the catalog and therefore entitled to proportional remuneration from Braesheather. The court of appeal ruled against Le Brun, holding that the catalog was a collective work whose author was Braesheather, so Le Brun was not entitled to copyright protection or royalties for her contribution. Le Brun appealed the ruling.
Rule of Law
Issue
Holding and Reasoning
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