Unauthorized parody
In 2021, the court had ruled in favor of Marabout. Marabout’s Tintin art was considered a legitimate parody that the heirs of Hergé, the creator of Tintin, could not contest, according to the judge in 2021. However, on appeal, the court has now made a complete turnaround: Marabout’s works are not legitimate parodies but instead infringe on the heirs’ copyright.
39 works
According to the court, a significant factor is that Marabout created 39 of these paintings over a period of 8 years, each labeled as a “legitimate parody.” In some works, he even included up to 5 references to the Tintin albums. The court found this inconsistent with the rules for a “legitimate parody,” which implies limited use of another’s work.
Hopper
Fortunately for Marabout, he does not have to destroy his paintings. The ruling only prohibits further reproduction and imposes a substantial fine. It is unknown whether the heirs of Hopper have also been involved in this matter.
Tintin in art
This is not the first time that Hergé’s heirs have succeeded in their fight against the use of Tintin in artworks. A few years ago, a judge in Marseille ruled that a Tintin bust by artist Peppone infringed on the heirs’ copyrights. Peppone was then ordered to pay over €100,000 in damages.
Bas Kist
Photo by Eugene Chystiakov on Unsplash
