After the far-right political party Rassemblement national (RN) used one of his songs at a meeting without permission, French artist Calogero expressed feeling “scandalized” by the unauthorized use of his music. In a Facebook post, Calogero stated that he had not given any authorization for his music to be played at the event, emphasizing that his songs are meant for the public and not for political contexts. The singer firmly opposed the appropriation of his music by any political party, highlighting the violation of his moral rights when his work is associated with a political discourse. Calogero mentioned that he and the lyricist of the song “1987” reserved the right to take legal action in response to this incident.
In the realm of copyright law, it is commonly believed that obtaining permission from the Société des auteurs, compositeurs et éditeurs de musique (Sacem) is sufficient for using a musical work in public settings. However, Pierre Lautier, a lawyer specializing in intellectual property rights, clarified that while Sacem manages the exploitation rights of a music piece, it does not have authority over the moral rights associated with the work. Therefore, alongside declaring the use of a song to Sacem, it is essential to seek permission from the artist or their rights holders for the utilization of the piece in a specific context. Lautier explained that in French law, an artist can argue against the association of their work with a political ideology or demand compensation for any reputational harm caused.
Regarding the legal options available to artists in such cases, Lautier elaborated that artists can pursue a claim for damages in court if they feel that their rights have been violated. This process can be lengthy, but it offers the possibility of obtaining financial compensation for the unauthorized use of their work. Alternatively, artists can opt for an out-of-court settlement with the party responsible, often involving confidentiality agreements to protect the artist’s interests. Lautier highlighted that there are limited public examples of legal decisions in such matters due to the prevalence of confidential settlements. Additionally, artists may choose to issue a formal cease and desist order to prevent the further use of their music without permission, demonstrating a proactive approach to protecting their intellectual property rights.
In the context of political events, artists like Calogero have the right to control the association of their music with specific ideologies and can take legal action to safeguard their moral rights and artistic integrity. The unauthorized use of musical works in political contexts can lead to reputational damage and infringe upon an artist’s rights, necessitating legal recourse to address the violation. The case involving Calogero and the RN’s use of his song exemplifies the complex intersection between intellectual property rights, political contexts, and artistic expression, underscoring the importance of respecting artists’ rights and ensuring proper authorization for the use of their creative works.
