‘Derivative works: the Adventures of Koons and Tintin in French copyright law’

“Like most copyright systems, French copyright law does not leave much room for the freedom of authors of transformative graphic works (also called ‘derivative works’). Three interesting cases on derivative works, two involving Jeff Koons and one Tintin, have recently put French copyright law in the international spotlight. The American transformative artist Jeff Koons was condemned by the Court of Appeal of Paris for copyright infringement in 2019 and in 2021 for sculptures from the ‘Banality’ series (see hereunder), whereas the Court of First Instance of Rennes, in a judgment of 10 May 2021, ruled that the author of paintings incorporating the Tintin character in flirtatious situations could rely on the exception for parody …” (more)

[Brad Spitz, Kluwer Copyright Blog, 1 September]

First posted 2021-09-01 15:00:46

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