This decision of the Court of Appeal is “historic” because it is the first case law protecting a work of street art by copyright in France, welcomed Combo’s lawyer.
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Jean-Luc Mélenchon and his party La France insoumise (LFI) were ordered on appeal to pay 40,000 euros for infringing the copyright of street artist Combo, the artist’s lawyer announced on Saturday July 8. . The latter accused the party and its leader of having used one of his works without his permission.
At the heart of the dispute was Asian Mariannea mural depicting a Marianne with a bare right breast carrying a tricolor flag with the slogan “Freedom, Equality, Humanity”. Accompanied by the caption ” We want justice“, the work was produced by Combo in early 2017, boulevard du Temple, in Paris.
In June 2020, the artist accused Jean-Luc Mélenchon of having used this fresco without permission in campaign clips. Before the Court of Appeal, he claimed from the political leader and his party more than 900,000 euros for counterfeiting, infringement of his copyright and non-pecuniary damage, according to the judgment. Combo “mainly complained of political exploitation of his work and damage to his reputation“said a statement from his lawyer.
A “moral and patrimonial” prejudice recognized by justice
In detail, Jean-Luc Mélenchon and LFI will have to jointly pay 15,000 euros under the “moral damage“suffered by the artist, and 5,000 euros each”in compensation for his financial damage“, according to the judgment of the Paris Court of Appeal dated July 5, of which AFP was aware. To these sums are added 15,000 euros in legal costs.
The Court of Appeal thus reversed the decision of the Paris Court of Justice which had, in 2021, dismissed the street artist’s claims, ordering him to pay 5,000 euros in legal costs. Her “victory is historic, because it constitutes the first case law rendered in France protecting a work of street art by copyright”welcomed the lawyer of the artist, Me Nicolas Le Pays du Teilleul.