Intellectual Property Law

New Matter SUMMER 2017 Volume 42, Number 2

IP and Art: An International Perspective

CRISTINA MANASSE
Manasse Studio Legale, Milan

JEFF KOONS LOSES IN A PARIS COURT

Once again, Jeff Koons goes to court, this time in France.1 It is not the first time Koons is protagonist of a lawsuit for copyright infringement and appropriation: Remember the Koons sculpture of the "string of puppies" based on a photograph in Rogers v. Koons?2

Sometimes Koons wins and sometimes he loses. This time he lost. A French court ruled that Koons was liable for copyright infringement of one of the works of a French photographer, Jean Francois Bauret. What is interesting about the decision is that the arguments by the court reveal something about the European approach to creative works and infringement defenses often effectively used in the United States.

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