Did Tintin again take a wrong term? Last week a Spanish court ordered that a parody of the famous Tintin comic books be recalled from the bookstores. The comic book El Loto Rosa (The Pink Lotus) shows Tintin in a midlife crisis, having several liaisons that are extensively pictured. Tintin’s dog Bobby and Captain Haddock have passed, while the professor was taken in psychiatric custody. The Spanish author, Antonio Altarriba, claims that his aim is to bring a ‘hommage’ to Hergé, the creator of Tintin. The owner of the copyrights to the many Tintin products took action against this erotic comic book and had it banned by the court. I agree with that judgment. This comic book could raise confusion and compete with the real Tintin books. The right owner should be able to stop that use. Last year in Belgium, the artist Ole Ahlberg could continue making and showing his erotic art in which Tintin played the main role. The Court of Appeal of Brussels took into consideration that it is common knowledge that Hergé was not involved with erotics and that confusion would not be at stake. Thus, a good parody is allowed and should be allowed. The parody remains a hot issue, especially if it also entails a company device. Do you remember Greenpeace criticising ‘E$$O’?
Maarten Haak, Dutch copyright law specialist
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Did Tintin again take a wrong term? Last week a Spanish court ordered that a parody of the famous Tintin comic books be recalled from the bookstores. The comic book El Loto Rosa (The Pink Lotus) shows Tintin in a midlife crisis, having several liaisons that are extensively pictured. Tintin’s dog Bobby and Captain Haddock have passed, while the professor was taken in psychiatric custody. The Spanish author, Antonio Altarriba, claims that his aim is to bring a ‘hommage’ to Hergé, the creator of Tintin. The owner of the copyrights to the many Tintin products took action against this erotic comic book and had it banned by the court. I agree with that judgment. This comic book could raise confusion and compete with the real Tintin books. The right owner should be able to stop that use. Last year in Belgium, the artist Ole Ahlberg could continue making and showing his erotic art in which Tintin played the main role. The Court of Appeal of Brussels took into consideration that it is common knowledge that Hergé was not involved with erotics and that confusion would not be at stake. Thus, a good parody is allowed and should be allowed. The parody remains a hot issue, especially if it also entails a company device. Do you remember Greenpeace criticising ‘E$$O’?
Maarten Haak, Dutch copyright law specialist