French Court Establishes Autonomous Legal Protection for Voice in Art
On June 24, 2026, the French Court of Cassation ruled that a person's voice is an autonomous attribute of personality, protected under Article 9 of the Civil Code, similar to one's image. The decision arose from a dispute between journalist Fabien Lecœuvre and artist Grand Corps Malade, who incorporated unauthorized audio samples of Lecœuvre's controversial remarks into his song 'Des gens beaux' (2021). The Court found that the Paris Court of Appeal failed to conduct a proportionality test between privacy rights and freedom of expression/artistic creation, and thus annulled the lower court's ruling that had forced Grand Corps Malade to remove the samples. The case will be retried. This landmark ruling imposes new obligations on artists and art market professionals: artists must prove that unauthorized use of a voice or image directly contributes to a debate of general interest and is proportionate, a difficult standard as seen in past cases where Luc Delahaye and François-Marie Bannier prevailed, but Peter Klasen and Jeff Koons did not. Museums, galleries, and auction houses must now verify the rights chain for works incorporating personality elements and update contractual documentation. The decision, reported by Pierre Noual in Le Journal des Arts, underscores the growing legal risks in artistic creation involving voice or likeness.
Key facts
- The French Court of Cassation ruled on June 24, 2026, that voice is an autonomous attribute of personality protected under Article 9 of the Civil Code.
- The ruling stems from a dispute between journalist Fabien Lecœuvre and artist Grand Corps Malade over the song 'Des gens beaux'.
- Grand Corps Malade used unauthorized audio samples of Lecœuvre's controversial remarks in his song.
- The Court of Cassation annulled a Paris Court of Appeal decision that had ordered Grand Corps Malade to remove the samples.
- The case will be retried because the lower court failed to perform a proportionality test.
- Artists must now prove that unauthorized use of voice or image contributes directly to a debate of general interest and is proportionate.
- Past cases show Luc Delahaye and François-Marie Bannier won on freedom of expression, but Peter Klasen and Jeff Koons lost.
- Museums, galleries, and auction houses must verify rights chains and update contractual documentation.
Entities
Artists
- Grand Corps Malade
- Fabien Lecœuvre
- Luc Delahaye
- François-Marie Bannier
- Peter Klasen
- Jeff Koons
Institutions
- Cour de cassation
- Cour d'appel de Paris
- Le Journal des Arts
Locations
- France
- Paris