French Copyright Law and the Appropriation of Photographic Images in Contemporary Art
This article delves into the intricate legal issues surrounding photographic images in modern art as dictated by French copyright law, highlighting its development from the 19th century through the protections instituted in 1957 and 1985. The primary factor for protection is originality, which presents difficulties for conceptual art, as pointed out by legal expert Nadia Walravens. Notable legal battles include the convictions of Bernard Rancillac in 1969 and 2000, Jeff Koons' lawsuit concerning "String of Puppies," and the mandated destruction of a painting by Jacques Monory. The piece also addresses exceptions such as parody and "copyleft," alongside image rights for subjects in photographs. Artists like Pascal Convert and Gerhard Richter utilize press images, while Gianni Motti encountered limitations from AFP, necessitating careful navigation of copyright and permissions.
Key facts
- French law of 11 March 1957 first recognized artistic or documentary photographs as works of the mind.
- Law of 3 July 1985 extended protection to nearly all photographs with an original character.
- Originality is the key criterion for copyright protection in France.
- Bernard Rancillac was convicted in 1969 for a painting based on a Saulnier photograph from Paris-Match.
- Rancillac was also convicted in 2000 for using photographs by J.P. Leloir and J. Bisceglia in his book on jazz.
- Jeff Koons' sculpture 'String of Puppies' was deemed infringing by a US court despite his parody defense.
- Jacques Monory's original painting was ordered destroyed for using a photograph by Rose in a poster.
- Gianni Motti was blocked by AFP from exhibiting altered Balkan war photos despite buying a CD-ROM with 'right of inspiration'.
- Nadia Walravens questions the originality criterion for contemporary art, advocating for a more objective approach.
- The article discusses the 'copyleft' model as an alternative to traditional copyright for artists.
Entities
Artists
- Bernard Rancillac
- Jeff Koons
- Jacques Monory
- Pascal Convert
- Gerhard Richter
- Gianni Motti
- Andy Warhol
- Robert Rauschenberg
- David Salle
- David Hockney
- Francis Bacon
- Édouard Manet
- Jean-Olivier Hucleux
- Daniel Buren
- Nadia Walravens
- Serge Fauchereau
- Florence-Marie Piriou
Institutions
- CNRS
- AFP
- Société des gens de lettres
- SOFIA
- Sonnabend Gallery
- Éditions Cercle d'art
- Éditions Dixit
- Paris-Match
- Le Monde
- The New York Times
- Festival Visa pour l'image
- Tribunal de grande instance de Paris
Locations
- France
- Paris
- Perpignan
- United States
- Lyon
Sources
- artpress —