Jeff Koons Loses Copyright Case Over 'Naked' Sculpture in Paris
The Tribunal de Grande Instance of Paris ruled on March 9, 2017, that Jeff Koons's 1988 porcelain sculpture 'Naked' from the 'Banality' series infringes the copyright of a photograph by Jean-François Bauret. The photograph, titled 'Enfants' and taken in 1970, depicts two naked children in a tender embrace. The court found that Koons's sculpture reproduced the image nearly identically without authorization, violating the rights of Bauret's heirs. The court rejected Koons's defense of parody, stating that the original photograph was not well-known enough for viewers to recognize the parody. Koons was ordered to cease reproduction and distribution of the work, and Jeff Koons LLC and the Centre Pompidou were ordered to pay €24,000 in damages plus legal costs. This follows a separate plagiarism claim by advertiser Franck Davidovici regarding Koons's work 'Fait d'hiver' and the 2014 Pompidou retrospective.
Key facts
- The Tribunal de Grande Instance of Paris ruled on March 9, 2017.
- Jeff Koons's 1988 porcelain sculpture 'Naked' was found to infringe copyright.
- The sculpture copies Jean-François Bauret's 1970 photograph 'Enfants'.
- The court rejected the parody defense because Bauret's photo was not widely known.
- Jeff Koons LLC and Centre Pompidou were ordered to pay €24,000 in damages.
- The ruling also prohibits further reproduction and distribution of 'Naked'.
- This is the second plagiarism case against Koons, following Franck Davidovici's claim.
- The 'Naked' sculpture is part of Koons's 'Banality' series.
Entities
Artists
- Jeff Koons
- Jean-François Bauret
- Franck Davidovici
Institutions
- Tribunal de Grande Instance de Paris
- Centre National d’Art et de Culture Georges Pompidou
- Jeff Koons LLC
- Naf Naf
- Paris Court of Appeal
- Artribune
Locations
- Paris
- France