The management of the work
Jacques Prévert’s work recovers diverse fields – poetry, cinema, plastic arts – which are sometimes linked. For example, numerous texts were published, spread or broadcasted in a confidential way before being gathered in various collections; others are also words of songs, of which some are known since the 1930s and sometimes created for movies. The diversity of the works’ statuses (works of which Jacques Prévert is the only author, collaboration works) also explains the complexity of their management today and the necessity of the creation of a structure allowing to guarantee the feasibility of the projects. One of Fatras’ missions is to discuss the agreements signed by Jacques Prévert’s in his lifetime – when they exist – in order to adjust them to the modalities of the current exploitations or to limit the exclusivities to the rights which are really exploited, and this with the aim of assuring a better distribution of the work.
The moral right
A work is protected from its creation and one distinguishes the moral right, which allows deciding for example on the first disclosure of a work, on what is constituent of its spirit, and the property right, attached to its exploitation and to its pecuniary aspect. The moral right questions the link existing between a creation and its author, to whom one recognizes the moral privileges on his work, in particular the following ones:
- The author is entitled to the respect of his name, to the paternity of his work
- The author decides on the distribution of his work with the audience, on its destination
- The spirit of the work and its integrity must be respected.
After the author’s death, the moral right (non-transferable, inalienable and to which the statute of limitations does not apply) is exercised by his heirs, in this particular case by Eugénie Bachelot Prévert. Regarding the works disclosed in his lifetime, this right endures beyond the duration of the protection of the work, which assures to his transferee (publishers, producers…) an exclusive right on its exploitation, according to the modalities planned by contract.
The property right
The property right is the property of the author on his work. It is in the exercise of this right that he can authorize or forbid an exploitation, give up his rights, exclusive or not, on definite conditions, and benefit from it or not. Unlike the moral right, the property right is limited in time. The work of which Jacques Prévert is the unique author will belong to the public domain in 2047 (70 years after his death). Regarding the collaboration works, created with several individuals (songs, movies), the duration of the protection is of 70 years following the death of the last co-author. This duration of protection is valid in France, in Europe and in the signatory countries of the agreement of Bern. Different modalities apply in the United States, country subjected to the declarative regime of the copyright.
In a project involving the use of Jacques Prévert’s work, it is thus advisable, in most of the cases, to contact the publishers, the producers, author’s societies, who will grant agreements, approved on the principle by Eugénie Bachelot Prévert, by their intermediary. In certain cases, detailed in the following sections, Fatras intervenes directly to deliver agreements, approved beforehand by Eugénie Bachelot Prévert.
The following right
The sale of a Jacques Prévert’s work (collage, drawing, ephemeris) generates the obligation for the buyer to pay off the following right, which is paid to Fatras (and not to the ADAGP) by the auction hall and the auctioneer. For any information, please contact Fatras: firstname.lastname@example.org