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From Water to Justice: Ernest Bourget's Revolution in Music Rights

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Updated: Jan 30

Sometimes, the most groundbreaking changes arise from the most unexpected moments. Such was the case with Ernest Alexandre Joseph Bourget, a 19th-century French playwright, lyricist, and librettist whose contributions to art and law revolutionized the world of music rights.


While Bourget penned librettos for legendary composer Jacques Offenbach, his greatest legacy began not in a theatre but in a Parisian café. In a confrontation over something as seemingly trivial as a glass of sweetened water, it was here that the seeds of modern copyright law and a revolution in music rights were sown.


The Legend: A Bold Stand at Café des Ambassadeurs



The popular tale goes like this: In 1847, Bourget, alongside fellow artists Paul Henrion and Victor Parizot, dined at the Café des Ambassadeurs. The café was profiting handsomely from performances of their music, yet the artists received no share of the earnings. Outraged by the injustice, they refused to pay their bill until they were compensated for their works.


Their protest ignited a chain reaction that led to the establishment of the Société des Auteurs, Compositeurs et Éditeurs de Musique (SACEM), the first collective rights organization for music. While this story has been immortalized, recent research reveals a different, equally fascinating origin.


Revolution in Music Rights: A Café’s Corkscrew Policy


The true story, uncovered through contemporary sources such as the journal Le Droit, begins not with a bold protest at the Café des Ambassadeurs but with a much more personal affront at the Café Morel. One evening, Bourget ordered a modest eau sucré, or sweetened water, expecting to enjoy the café’s live music.


But the proprietor, Monsieur Morel, refused to serve him. His reasoning? In the evenings, the café would serve only those ordering more profitable beverages - specifically, drinks that required the use of a corkscrew.


This “corkscrew clause” wasn’t a matter of snobbery but economics. Serving cheap drinks like eau sucré wasn’t profitable enough to justify the costs of live performances and seating. While other patrons might have shrugged off the slight, Bourget wasn’t just any patron - he was a man deeply committed to fairness. Annoyed by the refusal, he decided to take action.


A Battle in the Courts


What followed was a legal odyssey that would test the limits of France’s commercial and judicial systems. Bourget sued Morel, arguing that the café’s business practices were unjust and detrimental to artists who enriched the establishment’s ambiance. After two trials in the Tribunal de Commerce de la Seine and an appeal to the Cour d’Appel de Paris, the courts sided with Bourget, ordering Morel to pay him 800 francs in damages.


But this case wasn’t just a personal victory for Bourget; it was a watershed moment for artists’ rights. The judgments established that transaction costs for systematically collecting performance royalties could be justified and covered. This ruling provided the foundation for a broader movement to protect intellectual property in the public sphere.


The Birth of SACEM: A Revolutionary Seed in Music Rights


In the wake of his legal triumph, Bourget joined forces with Henrion, Parizot, and publisher Jules Colombier. On March 18, 1850, they founded a mutual collecting society to advocate for the rights of composers, lyricists, and music publishers. This organization, later known as SACEM, was a revolutionary concept - a union of creators demanding fair compensation for the use of their intellectual property.


SACEM quickly became a model for similar organizations worldwide. By pooling resources and enforcing royalty payments, it ensured that artists received a share of the profits from their works, whether performed in a grand theater or a modest café.


Bourget’s Dual Legacy


While Bourget is celebrated as a co-founder of SACEM, his contributions to the arts shouldn’t be overlooked. He collaborated on several librettos for Jacques Offenbach, helping shape the golden age of French operetta. Yet, his enduring influence lies in his vision of a world where creators could claim their rightful earnings.


What makes Bourget’s story so compelling is its humble beginning. Who would have thought that a denied drink order could spark a legal battle with repercussions that continue to resonate more than a century later?


Lessons from Bourget’s Fight


Ernest Bourget’s fight wasn’t just about personal vindication; it was a stand for fairness and the value of artistic labor. His story reminds us that small moments of injustice can inspire monumental change. Thanks to Bourget and his contemporaries, artists today enjoy protections that ensure their work is valued and their rights upheld.


From a glass of sweetened water to the creation of SACEM, Bourget’s journey is a testament to the power of persistence, creativity, and the belief that every artist deserves respect and recognition

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