If the substance was predictable, it is the form that is talking about it: by publishing a YouTube video on Tuesday, November 30 to formalize his candidacy for the presidential election, Eric Zemmour triggered an outcry that goes beyond the simple framework of his campaign. In this ten-minute sequence, the far-right polemicist comments on numerous extracts from archives or current affairs, presenting himself as “savior of France”. The catch? Some of these images are subject to copyright and the candidate’s team obviously did not take the necessary steps to obtain them.
The owner of the Château d’Ussé, the Pathé company, the channel Public Senate, the journalist Clément Lanot, the son of the singer Barbara… Many rights holders have publicly denounced the undue use of this content to serve the candidacy of Eric Zemmour. Some are considering or have taken legal action, such as Jacques Attali, HuffPost.fr or the Gaumont group, furious to see images of the films A monkey in winter and Jeanne D’Arc inserted in this clip.
For the Secretary of State in charge of Digital, Cédric O, it is even a question of “middle finger” copyright, with reference to “inelegant gesture” that the former journalist admitted to having committed on Saturday in Marseille.
Beyond the political and cultural condemnation, a legal risk is now looming for Eric Zemmour: “There are intellectual property rights that have been infringed, because his team has not obtained any authorization from the owners to exploit these works”, assures Etienne Bucher, lawyer specializing in intellectual property law, interviewed by franceinfo. To use these images, the presidential candidate should have “enter into a contract for the transfer of rights for supervised use, with a perimeter in time and space, which designates in particular the purposes and supports of the exploitation”.
In the case of Gaumont, the procedure used could be a summary, according to Le Figaro, “an emergency procedure as soon as a violation of a right is found”, explains the lawyer.
“The judge will look into it and may order Eric Zemmour’s party to delete the video.”
Etienne Bucher, lawyer specializing in intellectual property lawto franceinfo
As of Wednesday afternoon, the video was still available on the far-right candidate’s YouTube channel, including extracts whose reproduction is disputed.
What may be the financial consequences of these offenses? The program “Quotidien” estimates that the “flight” of images by the polemicist’s teams amounts to more than 100,000 euros of archives. “100,000 euros, that’s if they had asked for the rights. Because now we will have to add the trials”, quipped the presenter Yann Barthès, who promises that the money for the prosecution will be donated “to migrant associations”.
So, are we stealing images?
Obviously, we decided that the money we will receive from Zemmour will be donated to associations that help migrants. #Day-to-day pic.twitter.com/L4jhY0dp0q– Daily (@Qofficiel) November 30, 2021
“The damages are difficult to quantify since they depend on the damage suffered by the rights holder”, adds Etienne Bucher. The specialist in intellectual property law also insists that procedures for similar cases are conducted on a case-by-case basis, with varying outcomes. “In a 2020 campaign clip, Jean-Luc Mélenchon used a tag that could be protected by copyright. The artist had been unsuccessful in his requests “, recalls the lawyer. The complainant, who appealed, claimed from the candidate and his political party 200,000 euros for infringement and 100,000 euros in damages.
Vilified for his non-respect of copyright, Eric Zemmour could also be for the infringement of the image rights of the people represented in this long video. “If there are recognizable and identifiable people, they have the possibility to oppose the reproduction of their image, explains Etienne Bucher. In general, these are residual damages, because the damages are relatively small. “
Faced with these numerous criticisms, the polemicist’s entourage defended themselves from any amateurism. “Everything has been settled or is in the process of being settled for the images added recently. We are doing things right. It is a non-topic”, defended the candidate’s spokesperson, Olivier Ubéda, in The world. Guest of the “20 Hours” of TF1, Tuesday, November 30, Eric Zemmour minimized the lawsuits envisaged against him, evoking “legal disputes”.
For Etienne Bucher, on the other hand, it is indeed a “instrumentalization of intellectual property law for political ends”. A maneuver that could earn the candidate further trouble with the law.