9 billion EUR 2007 results must publish this morning292 quits in France in addition to the natural retreats442 6 on the prohibition of discriminationFor now Microsoft has remained of marbleBecause since the Fed began to cut rates the euro is more attractive than the dollarPressure however seems to be up a notchEverything is played at the preschool age8 billion with a turnover increased by 86 of GDP in 2008 He could finally reach 2Since 1998 the cantonal vote has lost its autonomyThe case of school makes big noise last year: John Galliano, designer of the maison Dior was fined 200,000 euro fine by the tribunal de grande instance of Paris for publicity photos that plagiaient works by American photographer William Klein, with his features of gouache characteristic affixed analog copies of photos. A new developer of a phenomenon which confirms in the advertising creation, where seen appear, in recent years, several spectacular convictions for cases of infringement of works or photos. A sign that not wrong: January 15, during the week of advertising which is held in the Palais de Tokyo in Paris, the subject of the right to the image in advertising was the subject of a round table.
Evidence of a "prosecution" accelerated in this sector Not necessarily. The convictions are less common than in the early 1990. Some decisions made about new concepts appeared in the early 2000s, as "parasitism" is a form of unfair competition when advertisers want to return to an original idea on which an artist was known, opened the gates to all the excesses. In fact, advertising is one of the commercial areas using the "created" works more, it shows progressively emerge of new issues of intellectual property and exploitation of works. Soon, however, "the courts have given an of decision unjustified demands", moderates Rodolphe Clauss, legal Director Assistant in Young & Rubicam.
One of the last important Affairs dated between Luc Besson SFR and Publicis: in the fall of 2003, Publicis and SFR launch a major campaign featuring actress Milla Jovovich in a dress that Leeloo character that she interpreted in "the fifth element". The Director of the film was finally successful. Another case: in 2007, a spot of Evian, signed BETC Euro RSCG, in which a figure evolved in poppies, is a series of attacks from including the part of producers of the documentary "Microcosmos" who felt that their work has been plagiarized. By BETC Euro RSCG, this legal offensive led to a global demand of EUR 3.8 million. But the Paris TGI admits in fine that the Evian spot is not an infringement of the work.
New forms of risk
The precautionary principle has yet become development for agencies. "They validate legally their advertising before the launch campaign, taking a TNS dipsticks to identify what has already been done in advertising", explains François Corone, lawyer in intellectual property. In fact, never of such sums had was claimed so far. But for Laurence Veyssière, legal Director, BETC Euro RSCG, the movement goes back to the "litigation SFR - Luc Besson which allowed the Director to obtain EUR 2.75 million". What generate some appetites and setbacks. As was the case for Kookai, sentenced by the TGI Paris 26 May 2003, for "parasitism" of photos of Gregor Podgorski, known for its performances of Pieta. However, the clothing brand is in was inspired for an advertising campaign. Please note, however, that the conviction was symbolic, "evidence that the tribunal was moderately satisfied by this concept." "The photographer was staged, with its originality, a couple in a position of Pieta, which belongs to the public domain", said Rodolphe Clauss. Echaudées by the comical "case" volcanoes of Auvergne, where the owners of the photographed land had attacked the advertiser giant Casino, the agencies have become also very cautious on the reproduction of images of landscapes, buildings and accessories.
Because even the buildings can be the subject of litigation: a photograph of a building cannot be used without the agreement of the architect who designed it. "Some architects have not left their buildings free of rights, while they are in public places", rebelled Bertrand Suchet, co-Chair of DDB France. But the monuments belonging to the public domain may be used in advertising. Unless they are original buildings or enjoy a particular lighting.
Objects under supervision
Another trend, agencies must monitor all that figure in their campaigns, since T-shirt scratched in the building, passing by the accessories. They must similarly consult the creators of the accessories in their pub. "One must ask if design armchairs, or even the bouquet of flowers, appearing on a photograph of Interior, are not protected works", summarizes Rodolphe Clauss. Now, the legal service must verify all upstream and stylists are responsible for the objects contained in an advertisement. Finally, another subject difficult for agencies, the operation of free photos of rights, while proliferate agencies offering images of photos banks good market, such as iStockPhotos or CitizenSide.
In March 2007, a mannequin attacked an agency that had used his photograph, acquired from a Bank of images online, on the sole ground that broadcast authority had been granted to a single agency, and not to the image bank directly. And other agencies are likely to be faced, while number of image banks are not companies under French law.
