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Paris Court Hits Galliano with $275K Fine for Plagiarism
Godfrey Deeny
April 20th, 2007 @ 00:27 AM
Paris
A Paris court has ruled that John Galliano ?copied? the work of
photographer William Klein, and ordered the designer to pay 200,000
Euros in damages, or $275,000.
The ruling by judge Claude Vallet, issued on March 28, but first
reported in Paris daily Le Monde?s April 20 edition, decided that
Galliano?s advertisements for his own label, too clearly resembled a
technique that Klein had developed called ?painted contacts? where
contact sheet images are blown-up and covered by streaks of brash
color.
The Galliano ad campaign used photography laid out like an enlarged
contact sheet and covered with broken double yellow lines. The UK
designer?s ad campaign had already appeared in the March issues of
French Vogue and Numero, as well as publications in the UK and Russia.
Klein, who developed this technique 15 years ago, sued Galliano for
breach of intellectual copyright. Galliano?s lawyer argued during the
trial that the ads did not resemble any particular image by the
photographer.
Klein is a highly regarded figure in France. His 1965 dramatic
comedy film ?Who Are You Polly Maggoo? is regarded by many as the
greatest ?fashion film? ever made. Klein was also honored by a 2005
retrospective in the Pompidou Center, Europe?s most visited modern art
museum. That show contained giant 20-foot high reproductions of Klein?s
contact sheets bearing their hallmark, lacquered colors
In the ruling, Judge Vallet wrote, ?the disputed ads reproduce the
characteristic composition of ?contact prints? in all the elements that
define their originality.? The judge divided up the fine into two
parts: 150,000 Euros for breach of intellectual copyright and 50,000
Euros for moral damage. Judge Vallet also ruled that Galliano, at his
own expense, must publish the decision in three of the magazines in
which the ads had run.
The Galliano campaign was for the designer?s second line, named
Galliano, and shot by Julien d?Ys, who is better known as a hair
stylist. The ads featured currently red-hot English model Agyness Deyn.
In an interview with Le Monde Klein told the daily that he
discovered the ads when a friend asked him, ?William, why did you
create this mess for Galliano??
Galliano?s work for Christian Dior, where he has been creative
director of women?s ready-to-wear for a decade, was not part of the
trial.
"I am insulted and furious," Klein told Le Monde, adding that he
was particularly hurt, as Dior is known for its hard-hitting legal
cases against copying of its own designs
Galliano's lawyer Michel-Paul Escande had argued that the ads did
not constitute plagiarism because their images did not look like any
from Klein's work. The house of Galliano confirmed to FWD that it was
appealing the decision, but declined any other comment.
In court, Escande admitted that Galliano?s fashion house had
stopped the disputed ad campaign once it had been informed of the
litigation, but insisted that this did not represent an admission of
guilt.
?How do you explain that you refute a claim of plagiarism when at
the same time you pull your campaign?? Klein?s lawyer, Bruno Ryterband
reportedly responded.
This dispute looks like having long legs. The giant French luxury
goods conglomerate LVMH, whose controlling shareholder is the
legendarily litigious Bernard Arnault, controls Galliano?s house.
Moreover, Klein?s lawyer Ryterband indicated that the photographer also planned to appeal in an attempt to increase the fine.
So stay tuned.