“I am stunned by such a decision in French law, which seems to go against the European trend, and very worried about freedom of expression..." A French artist has been sued and ordered to withdraw his works showing Tintin in Edward Hopper's world.
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A French artist from the northern region of Brittany had been sued for his offbeat works merging the world of Hergé’s Tintin with that of American painter Edward Hopper.
The artist, Xavier Marabout, was ordered by the Rennes Court of Appeal to withdraw his works showing Tintin in Hopper’s world, in scenes depicting Tintin drinking a beer or chatting with pin-ups.
The artist was ordered to pay Tintinimaginatio - the company representing Hergé's rightful owners - “a provision of 15,000 euros in compensation for damages”, as well as 5,000 euros for “parasitism”.
Marabout has been sued for years by Tintinimaginatio, and said he was “stunned” by the ruling.
“I am stunned by such a decision in French law, which seems to go against the European trend, and very worried about freedom of expression, the scope of which seems to be shrinking,” said the artist upon being told to withdraw all his works. “I am therefore condemned for a humorous intention that was more intellectual than grotesque, more subtle than gossipy” he added.
Contacted by AFP this week, Marabout said he was considering an appeal to the French Supreme Court, but declined to comment further on the sentence.
For their part, Hergé's rightful claimants reaffirmed in a press release “their determination to ensure respect for the integrity of his work and to fight against the abusive uses that are unfortunately regularly made of it.”
The Rennes court had previously dismissed the case for counterfeiting and infringement of the Belgian comic book author's moral rights.
In 2021, the court's civil division had recognized the artist's “exception of parody” and the “humorous intention” of his paintings.
However, Tintinimaginatio and Hergé's widow Fanny Vlamynck, who has held the rights since Hergé's death in 1983, appealed.
In its decision dated 4 June, which AFP was able to consult, the Rennes Court of Appeal overturned the lower court's judgment, ruling that Marabout did not meet the criteria of “parody” that would enable him to derogate from copyright protection. Marabout was therefore guilty of “counterfeiting” with his series of paintings, and the court forbade him to use the Tintin characters from now on.
This is not the first time an artist has fallen foul of Tintin’s estate.
According to French outlet Le Figaro, French cartoonist Pascal Somon received a ten-month suspended prison sentence and two years' probation in May 2019 for counterfeiting works by Hergé. He was also ordered to pay €32,000 in damages to the Belgian company and to Fanny Vlamynck.
In 2021, Christophe Tixier, aka: Peppone, who sculpted busts inspired by Tintin, was ordered, along with the gallery that exhibited his works, to pay Tintinimaginatio – then known as Moulinsart - the sum of €114,157 in damages.
