In a recent legal battle highlighting the tension between creative expression and copyright law, French artist Xavier Marabout has been ordered to remove his artworks featuring Tintin, the beloved character created by Hergé, in the style of American painter Edward Hopper.
Complete Withdrawal
According to 20 minutes the decision was handed down by the Court of Appeal in Rennes, leaving Marabout considering an appeal to a higher court.
Marabout's works, which depict Tintin engaging in activities such as drinking beer and smoking, and often set among voluptuous women, have been under legal scrutiny by Moulinsart, the company representing Hergé's estate.
Despite a previous ruling in his favor, Marabout now faces a complete withdrawal of his Tintin-inspired pieces.
A Humorous Take
"I am astonished by this decision, which seems contrary to the European trend and deeply concerned for the future of freedom of expression," Marabout commented. He argued that his intentions were more intellectual and humorous than offensive.
Originally, the Rennes court had supported Marabout, recognizing his right to parody under French law. His paintings were seen as humorous takes on Hopper's iconic scenes, featuring Tintin in playful and unconventional contexts. For instance, one painting shows Tintin in a bar with a tattooed arm, reminiscent of Hopper's style.
However, the appeal, led by Tintinimaginatio (formerly Moulinsart SA) and Hergé's widow, Fanny Vlamynck, resulted in a reversal. The appellate court ruled that Marabout's work did not meet the criteria for parody, thus infringing on Hergé's copyright.
