The Moulinsart company was unsuccessful of its requests. This Monday, the beneficiaries of Hergé saw the Rennes court find in favor of the artist Xavier Marabout, a painter living in Morbihan who enjoys bringing crazy adventures to Tintin. Cigarette in mouth, beer in hand, often surrounded by luscious young women scantily clad, the reporter with the powder puff evolves into a new world thanks to the works of the Breton painter. His “mash-up” initiative, an artistic process of mixing works very common in music, mixes the universe of Hergé's comics with that of Edward Hopper, an American painter born at the end of the 19th century.

An idea that did not really please the beneficiaries of Hergé, who had sued the artist for "infringement" and "infringement of moral rights".

In its deliberation, the civil chamber of the judicial court recognized "the exception of parody" and "the humorous intention" of the Breton painter Xavier Marabout.

"The effect is constituted by the incongruity of the situation with regard to the sobriety followed by the usual sadness of Hopper's works and the absence of a female presence alongside Tintin," said the court.

"No risk of confusion between Marabout and Hergé"

In its deliberation, the civil chamber further underlines that Moulinsart SA “denigrated” Xavier Marabout by writing to galleries which presented the latter's works and by indicating that his works were infringing.

Justice considers that the artist "comes out of criticism" and "that there is no risk of confusion between Marabout and Hergé".

Tintin meets Hopper's "Summer evening" pic.twitter.com/uanaWDNiq7

- LWM (@lambertwm) March 10, 2021

Justice even ordered the company to pay 10,000 euros in damages and 20,000 euros in legal fees, said Bertrand Emereux, the artist's counsel.

Xavier Marabout, 53, settled in Auray (Morbihan), was delighted with the judgment.

“Deep down, that's what I was hoping for.

Today the court recognizes the freedom of expression and the attitude of denigration, it is a victory on the whole line ”.

Another French artist, Christophe Tixier, alias Peppone, who sculpted busts inspired by the intrepid journalist, is being sued for forgery by Moulinsart.

The decision of the civil court of Marseille will be known on June 17.

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