November 27, 2009

Ideas are free to travel, not the works of art which formalize them

Civil 1st November 13 2008 Bettina Rheims v. Jakob Gautel

One year ago, the photographer Bettina Rheims was ordered, rather severely moreover, to pay a judgment of 10,000 for damages and interest for having incorporated in one of her triptychs (The New Eve) a photo of a work by Jakob Gautel titled “Paradis”. This work comprised of spray paint inscription of the word “paradis” above the toilet door of the former alcoholics' dormitory of the psychiatric hospital of Ville-Evrard, was purely conceptual. In such a way that one could ask themselves about the infringing nature of the artistic shot taken of the installation by Bettina Rheims. In other terms, did Bettina Rheims' shot, photographic angle, arise from an appropriation of the work or an autonomous work. The work of Gautel, purely conceptual, was it protected ?...

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