the presence of a Saint-Bernard’s barrel around the neck of the piglet (while this accessory is normally found around the neck of Saint-Bernard dogs, a species that is trained to rescue people from avalanches).the representation of a pig in the snow (when such an animal is usually represented in hay).the representation of a young woman lying in the snow (when such position is a priori uncomfortable).However, the Court confirmed the first instance judgment that the combination of: The Centre Pompidou, which was also a party to the proceedings, added that the elements of the picture were either ideas/clichés (such as the use of a piglet in a campaign for the Naf Naf brand, knowing that Naf-Naf is the name of one of the three piglets in a fairy tale), or common (such as the presence of a young woman in an advertisement for a brand with a female customer base).
He claimed that the picture was a compilation of ideas of unsure origin and that it did not reflect the photographer’s personality.
Jeff Koons’s first line of defence was to argue that the picture was not an original work, seeing that copyright protection is only granted to original works. Originality – Is the picture a protected work? Two months later, the photographer initiated legal action against Jeff Koons, arguing that the sculpture infringed his copyright in the picture. The sculpture was put on display at the inauguration of the first ever European retrospective exhibition on Jeff Koons at the Centre Pompidou in Paris in November 2014.
Koons v ienna plus#
In 1988, world-renowned artist, Jeff Koons, created an earthenware sculpture titled “Fait d’hiver”, representing a young woman lying in the snow being rescued by a piglet with a St-Bernard’s barrel and flowers tied to its neck, plus two penguins. The picture was published in several women’s magazines. The words “Fait d’hiver” appeared in the top left-hand corner of the picture. Once upon a time in 1985, a photographer commissioned by Naf-Naf, a French brand specialising in the commercialisation of clothing and fashion accessories, staged the picture of a young woman lying in the snow being rescued by a piglet with a St-Bernard’s barrel tied to its neck.