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RIDA 253 | 07-2017

Doctrine

The moral right and creative freedom

GROFFE-CHARRIER, Julie

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The confrontation between creative freedom and the moral right is not new and the debate is well known. Yet the proportionality test, the centrepiece of the recent change in the Court of Cassation’s methods, is upsetting the existing balances and creating considerable legal uncertainty in the judicial solutions, which, inevitably, are becoming unpredictable. However, it is possible to propose a return to more rigorous solutions. Indeed, consideration of the passage of time, though disputed, stands out as being a simple and appropriate criterion, which would enable the courts to weigh the interests involved in a manner that is both reasonable and more consistent with the law