Jeff Koons loses copyright appeal over Naked sculpture in Paris court

The Paris Court of Appeal has upheld a 2017 ruling that Jeff Koons' 1988 porcelain sculpture "Naked" from the "Banality" series infringes the copyright of photographer Jean-François Bauret. The court confirmed that Bauret's 1970 photograph "Enfants" is protected by copyright, as it presents a new concept of nudity—raw and devoid of sexual connotation—reflecting the author's personality. Koons' sculpture was found to incorporate the essential characteristics of Bauret's work. The court rejected Koons' defense of artistic freedom, stating that fundamental rights cannot be invoked to obstruct exclusive author rights. It also dismissed the parody defense, noting that a parody must be humorous, mocking, or provoke laughter, which was not the case. The decision reaffirms the protection of photographic works and sets a precedent for the limits of appropriation art.