The standoff between Sacem and the heirs of Ravel’s “Boléro” before the court in Nanterre

Is Ravel’s “Boléro” a collaborative work? The thorny question was addressed on Wednesday at the Nanterre judicial court, as part of the copyright case linked to one of the most widely broadcast pieces of classical music in the world.

THE Bolero by Ravel a collaborative work? For the rights holders of Alexandre Benois, collaborator of Maurice Ravel, refusing to recognize their ancestor as co-author of this global success is not a right that the Society of Authors, Composers and Music Publishers (Sacem) can assume. THE Bolerothey argue, citing several historical elements, is a “collaborative work” with the Russian painter and decorator. “Fiction” historical, “imagination” overflowing, “avoidance of the initial debate” on the author of the ballet, replies Sacem. The heirs of Alexandre Benois had sued her in 2018 after she twice refused to register him as co-author of the work.

A major challenge

The stakes are high: if Sacem accedes to this request, the Bolerowhich fell into the public domain in 2016, would according to her be protected until May 1, 2039, Alexandre Benois having died in 1960.

If the rights generated represented “for a time millions and millions of euros” annual, according to information provided to AFP by Sacem lawyer Josée-Anne Bénazéraf, the amounts reached on average 135,507 euros per year between 2011 and 2016.

The rights holders of Alexandre Benois argue that the Bolero is originally the music of a ballet created at the Paris Opera in 1928: “The music of Bolero was created especially for ballet”, asserts Me Edouard Mille, lawyer for the Benois estate. On the stand, he presents the evidence which, according to him, demonstrates that the Bolero is the work of not one, but several artists. The presence of the name of Benois on the argument of two ballets performed on the evening of the premiere of Ravel’s work in 1928, the declaration of Louis Laloy, general secretary of the Paris Opera, who wrote in Le Figaro that Alexandre Benois was the“author” of the three shows, or the letter from a legal director of Sacem in the 1980s mentioning the collaboration with the ballet choreographer, Bronislava Nijinska.

“Battle against chimeras”

Beyond the historical elements, the main issue of the hearing revealed itself to be the role of Sacem in the recognition of a possible co-author of the Bolero : “For Sacem, there is copyright and copyright Bolero. “Exceptional work, exceptional regime”, criticized Me Mille who affirmed that the company has only twice in the past refused requests similar to that of Mr. Benois’ heirs. To which Me Bénazéraf replied: “It is not fair that Sacem is forced, 96 years after the fact, to do colossal work to fight against chimeras”while she does not have “The burden of proof”.

THE Bolero was protected for 78 years and 4 months. In France, the rights to a work fall 70 years after the death of the author, in 1938 in the case of Ravel. But the law provides for extensions which aim to compensate for the loss of income of French artists during the two World Wars, which carried protection until May 1, 2016. “Isn’t that enough? What would we have said if Sacem closed its eyes to add 23 more years?”was indignant Me Bénazéraf, who regretted that “the list of alleged faults (at Sacem) grows gradually” of the procedure.

Should Sacem have acted simply “recording room” as requested by the applicants, or was she justified in refusing that Alexandre Benois be recognized as a co-author? Decision expected on June 24.