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France · Copying & adaptation

Fait d’hiver: from an advertising photograph to a sculpture

Decision date · 23 February 2021

The dispute

Photographer Franck Davidovici challenged Jeff Koons’s sculpture Fait d’hiver, which reproduced elements of his fashion advertisement. The dispute also concerned display and reproduction in exhibition publications.

The decision

The Paris Court of Appeal upheld the finding of infringement. Its ruling addressed the sculpture and the dissemination of its image in connection with the retrospective.

Sources

Cour d’appel de Paris · Il Diritto di Autore

First-instance judgment · Légifrance

Fait d’hiver: from an advertising photograph to a sculpture | ArtTraceX