Rennes (AFP)

The Rennes court on Monday dismissed the Moulinsart company which was suing, for infringement and infringement of Hergé's moral rights, a Breton painter whose works combine the world of Tintin and Edward Hopper.

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.

"This effect invites the spectator to imagine a continuation", underlines the court which considers moreover that "Mr. Marabout comes out of criticism, that there is no risk of confusion between Marabout and Hergé".

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

"The court estimated that this is a denigration and added 10,000 euros in damages for Mr. Marabout and 20,000 euros in legal fees," said Me Bertrand Emereux, counsel to the artist, who spoke congratulated on an "excellent decision".

According to the lawyer, the Moulinsart company, which manages the rights to Hergé's work, claimed between 10,000 and 15,000 euros in damages, the beneficiaries asking above all "to stop parodying Tintin".

Contacted by AFP, the company's lawyer mandated by Moulinsart was not immediately reachable.

In the twenty or so paintings of his Tintin / Hopper series which sold "very well" according to the artist, we discover the journalist with the puff represented in the famous paintings of Edward Hopper, in a very sexualized universe.

Joined by AFP, 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 freedom of expression and the attitude of denigration, it's a victory on the whole line".

"The art of parody was invented by the Greeks 2,000 years ago, I am recognized in this work of an artist," added Xavier Marabout.

"This means that I was not wrong, I just have the feeling that justice has been served", underlined the painter.

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.

© 2021 AFP