a judge will rule on the authorship of works designed by the artist but executed by another

Maurizio Cattelan or Daniel Druet, who is the artist? The 61-year-old Italian is the subject of a copyright infringement complaint by French artist Daniel Druet, 80, who created strikingly realistic sculptures for him between 1999 and 2006. The court deliberated on July 8 its decision, in this trial which agitates the world of contemporary art.

Before the 3rd chamber, specializing in intellectual property, Daniel Druet’s lawyer pleaded the uniqueness of the creation of this artist recruited thanks to his achievements for the Grévin museum in Paris. « Sculptors who sculpt like Daniel Druet, there are not five of them. (…) Daniel Druet was expensive and, despite that, we came to see him », said Me Jean-Baptiste Bourgeois about his client, present in court.

« When we look at the work of these works, it is indisputable that we have an artistic expression », while « M. Cattelan, by his own admission, is unable to sculpt, is unable to paint, is unable to draw », he added. The debates revolved mainly around one of the works of which Daniel Druet claims paternity, Him (2001), which depicts a child-sized Adolf Hitler kneeling in prayer.

The Italian artist, who lives in New York, was absent. His lawyer, Me Éric Andrieu, denounced the « original sin » of a procedure where Maurizio Cattelan was not initially cited, while the plaintiff requests his « expropriation ». « It’s completely extravagant », he launched, asking to invalidate the procedure for defect of form. And basically, « the material realization of the work takes second place in relation to its conception »according to Me Andrieu. « Mr. Druet has a know-how (…) but this know-how does not give any creative choice because all he will do is follow instructions », he further emphasized.

Me Pierre-Olivier Sur, the lawyer for Maurizio Cattelan’s gallery owner, Emmanuel Perrotin, insisted on the precision of the artist’s instructions « conceptual » Italian. Like when he indicates how many millimeters must be lowered the eyelids of a John Fitzgerald Kennedy represented in a coffin (now2004). « Of course, the author is Cattelan. (…) Even if you don’t touch the material, as soon as you give instructions on the concept itself, you can be the author, and the exclusive author », did he declare. « It is an enormous bad faith to indicate: it [Cattelan] contented himself with photos. (…) They are instructions of mathematical precision », added Me Sur.

« I think Mr. Cattelan can claim rights to the installation, » Me Bourgeois had estimated. But Daniel Druet realized « this look which is terrible, that’s what is scary »and « had the fabrics made » who dress this Adolf Hitler. The French sculptor claims the exclusive paternity of nine works by Maurizio Cattelan, and compensation of four million euros. Questioned by AFP after the hearing,

Daniel Druet said to himself « overwhelmed by the impact » media about the business he launched. This artist trained at the Beaux-Arts reiterated his claim to be the author of the sculptures. « They are mine. Everyone must stay in their place »he claimed, dismissing the debate on the scenography: « It’s not my domain ».