Jeff Koons Found Guilty of Copyright Infringement for Porcelain Sculpture 'Fait d'Hiver'

The Paris Court of Appeal has ruled against Jeff Koons for copyright infringement regarding his 1988 porcelain sculpture 'Fait d'Hiver', which reproduces a 1985 advertising campaign by Davidovici for the clothing brand Naf Naf. The ad depicts a pig with a rum barrel rescuing a girl in the snow. The court found that Davidovici's work possessed the necessary creativity for copyright protection and that Koons' sculpture replicated all original elements, including the same young woman with the same expression and hair strand, lying in the snow with arms raised, and the pig in the same position. The court rejected Koons' defenses of artistic freedom and parody, stating that the work did not meet the criteria for parody under EU law, as it did not constitute humor or mockery and risked confusion with the original. The ruling follows a previous 2021 decision against Koons for his 'Naked' sculpture, which infringed on a 1970 photograph by Jean-François Bauret. 'Fait d'Hiver' is held by the Fondazione Prada, which acquired it at a Christie's New York auction in 2007. The court emphasized that copyright law aims to remunerate all creators, regardless of fame, and criticized Koons for not seeking permission from the original author. The decision underscores the importance of obtaining rights for derivative works, even for top-tier artists.