Cornet Vincent Ségurel wins a case against Xavier Marabout on behalf of the Fondation Hergé, Tintin Imaginatio and Hergé’s beneficiaries

The Court ruled that Marabout’s works, mash-ups merging Tintin characters with scenes inspired by Edward Hopper’s paintings, infringed Hergé’s copyright and were therefore counterfeit.

The Court rejected Marabout’s argument that its works fell within the parody exception. It specified that the parody must have an obvious humorous intention, going beyond a simple wink to the viewer or a search for amused complicity. Parody, being an exception to copyright, must be interpreted restrictively. Works cannot simply exploit the fame of original creations for their own benefit.

This decision reinforces the determination of Hergé’s beneficiaries to preserve the integrity of his work and to combat unauthorised uses of it. Tintinimaginatio, the Fondation Hergé and Fanny Vlamynck reaffirm their commitment to defending Hergé’s copyright and protecting the cultural heritage he left behind.

François Herpe, partner, and Capucine Hamon, lawyer, at Cornet Vincent Ségurel represented the Fondation Hergé, the company Tintin Imaginatio and Hergé’s beneficiaries in this dispute.

Partcipants :

Cornet Vincent Ségurel : François Herpe and Capucine Hamon

Plaintiffs : Fondation Hergé, Tintin Imaginatio and the heirs of Hergé

Defendants : Xavier Marabout