However, using existing images is what Tuymans is famous for, starting the practice back when Polaroids were in use. Titled A Belgian Politician, he began exhibiting the painting in question in 2011, and doesn’t deny he used Van Giel’s photo. But he disputed the plagiarism charge in a Belgian court, saying that the painting should be filed under fair-use as parody. Tuymans’ lawyer said, “Humor and parody are not restricted to slapstick. Luc Tuymans wanted to create a strong image to deliver a critique of the move to the right-wing in Belgian society. His work is therefore more than just a painted version of a photo. The format and color contrasts are different, so that no confusion could be possible.”
The defense did not fly: The prosecution lawyer swayed the judge by arguing that parody requires humor, and the painting has none of it and was not exhibited in a humorous way. Van Giel’s lawyer remarked, after winning the case, “We are happy that the court was not mislead by Tuymans’ argument that his work is a parody. The court followed our argument that the work of Tuymans is not a humorous work, which is the most important requirement for a work to qualify as a parody.”
A judge has ordered Tuymans to stop showing his painting or reproducing it, or else face approximately $569,000 in charges. Flanders Today reported that Van Giel is demanding nearly $57,000 in damages, however the Belgian news site News Monkey clarified that neither prosecution nor defense have suggested an exact amount — though Tuymans’s lawyer said, “It is quite clear that they are out for a hefty sum.” Tuymans plans on appealing the decision.
As PetaPixel points out, a similar incident occurred here in the U.S., where artist Shepard Fairey based his famous portrait of President Barack Obama from an AP photo.
