Indochina: the musician, the journalist, the book and the trial

The affair originated in a book project entitled Indochinese Confidenceswritten in collaboration between Dominique Nicolasmusician, composer and co-founder of the group Indochine, and Sébastien Bataillewriter and journalist. On October 27, 2021, the two parties signed publishing contracts with Flammarion, also including an audiovisual adaptation contract. These contracts stipulated equal royalties between the co-authors.

However, the collaboration quickly fizzled out. On March 3, 2022, after receiving the two chapters written by Sébastien Bataille, Dominique Nicolas informed his co-author that their collaboration had to end: “ It’s not going to do it for the whole book “. As a result, Flammarion terminated the contracts on March 24, 2022. However, in September 2022, Sébastien Bataille published a book entitled Chaos Bang! I tell you everythingcontaining passages taken from the initial project, which led Dominique Nicolas to initiate legal proceedings. He also criticized Sébastien Bataille for having, in this book, taken up the content of the two chapters written by him and divulged confidences relating to his private life intended to remain confidential, without authorization.

After a letter of formal notice dated November 10, 2022 remained unanswered, Dominique Nicolas summoned Sébastien Bataille before the Paris Judicial Court to demand the immediate cessation of the exploitation of the disputed chapters, the restitution of the recordings made during their interviews and compensation for counterfeiting, moral damage and invasion of privacy. On December 13, 2024, the Paris Judicial Court (Judicial Court, Paris, 3^e bedroom, 2^e section, December 13, 2024 – No. 23/00502) delivered a landmark judgment in this case linking literary creation, copyright and protection of privacy.

Narrative content, style and formatting

The Judicial Court had to examine the legal elements linked to copyright and the nature of the collaboration. According to article L.113-3 of Intellectual property codea collaborative work is considered the common property of the authors, who must exercise their rights by mutual agreement. The court found that the two disputed chapters were the result of joint work. Although Sébastien Bataille provided the narrative content, the style and formatting were also attributable to Dominique Nicolas. Thus, the Court considered that the book Chaos Bang reproduced these chapters in a form not validated by both parties, and constituted an infringement. He condemned Sébastien Bataille for patrimonial damage for counterfeiting and moral damage linked to non-consensual disclosure. He also ordered the cessation of all exploitation of the two chapters.

Freedom of expression, privacy and honor

Dominique Nicolas also accused his former co-author of having disclosed personal information collected during work meetings. However, the court concluded that this information was related to professional anecdotes and not to his private life. Furthermore, the court also considered that the criticisms made by Sébastien Bataille on his blog or in his book fell within the scope of freedom of expression, as long as they did not infringe on the privacy or honor of Dominique Nicolas. .

By recognizing the disputed chapters as a co-produced work, the court confirmed that any exploitation required the agreement of both parties. This decision recalls the importance of respecting the rules specific to collaborative works. Furthermore, while affirming the importance of freedom of expression, the court recalled that it could not legitimize an attack on the moral rights of an author; including the right of disclosure and respect for the integrity of the work. This case illustrates the possible tensions in a collaborative work, particularly when the expectations of the parties diverge. It also recalls the importance of clearly defining the rights and obligations of each party in a publishing contract.