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RIDA 254 | 10-2017

Doctrine

The concepts of parasitism and parasitic acts in the field of art

DEBLANC, Marc-Olivier

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Début de l'article :

The aim of this article is to define the scope of artistic parasitism and its sphere of action not only – as is all too often the case – by comparison with actions for infringement but also as an independent legal basis that has succeeded in establishing its own criteria as judicial and academic thinking has evolved.However, we shall see that, despite its relevance and the progressive refinement of its modalities and conditions, artistic parasitism is attacked on two fronts which considerably weaken its effectiveness. First, the argument that concepts are not protected is almost systematically raised against it, thereby reducing parasitism to the sphere of ideas. Second, it is subject – in the same way as authors’ rights – to a string of new provisions, concepts and exceptions that tend to erode and dilute the strength of exclusive rights and their means of protection.Artistic parasitism is thus caught in a stranglehold and “disabled” so to speak by these two counter-forces which discourage authors and artists in most cases from asserting it.Yet the new paradigms of contemporary art, on the one hand, and certain new types of conduct, on the other, show more than ever that, in many respects, artistic parasitism is the solution best able to address new practices involving wrongful variations on or appropriation of works.For all these reasons, we are in favour of strengthening the basis of actions for artistic parasitism through the establishment of a relevant and effective legal framework capable of providing a response to new challenges in the use of works posed notably by dematerialisation and new practices.