COPYRIGHT AND FAIR USE | Estate of A.M.Cassandre

COPYRIGHT & FAIR USE

In an increasingly complex international legal context where the boundaries between legitimate use and abusive exploitation are blurring, the A.M.CASSANDRE estate affirms a clear and measured position concerning the use of A.M.CASSANDRE's work.

This position, far from being a simple defensive reaction, constitutes a genuine reflection on the necessary balance between protecting artistic heritage and public access to culture.

Institutional Summary: A Balanced Approach to Intellectual Protection

The A.M.CASSANDRE Estate fully recognizes the existence and legitimacy of the legal mechanisms known as Fair Use in the United States, as well as copyright exceptions in force in Europe. This recognition is part of a modern understanding of copyright law, which must reconcile the legitimate rights of creators and rights holders with societal needs for access to culture and information.

Nevertheless, and this is where the specificity of this position lies, these mechanisms cannot be invoked to justify commercial, promotional, or systematic use of Cassandre's works without prior authorization.

This restriction applies particularly when such uses:

exploit emblematic visuals such as Dubonnet, Normandie, L'Atlantique, Statendam, Étoile du Nord, Nord Express, which constitute not only works of art but also visual symbols deeply rooted in the collective imagination
distort or impoverish the original meaning of the work, damaging Cassandre's initial artistic intention
harm the artistic reputation of the author or the coherence of his corpus, by presenting the work in inappropriate or degrading contexts

This approach testifies to a sophisticated vision of copyright that goes beyond simple economic protection to encompass the preservation of artistic and cultural integrity.

Legal Analysis: Between Anglo-Saxon Rights and European Tradition

Position on Fair Use in the United States: A Doctrine to Handle with Caution

The American legal system, with its Fair Use doctrine, represents one of the most liberal approaches to copyright exceptions. Defined in Section 107 of the U.S. Copyright Act, Fair Use authorizes certain limited uses without authorization from the rights holder, for specifically enumerated purposes: criticism, comment, research, teaching, parody, or news reporting.

This doctrine is based on a case-by-case analysis taking into account four main factors:

The purpose and character of the use (commercial versus educational)
The nature of the protected work
The amount and substantiality of the portion used
The effect of the use on the potential market for the work

However, the A.M.CASSANDRE Estate firmly opposes any abusive or distorted interpretation of this doctrine when it serves as a pretext for questionable practices.

Areas of particular concern include:

Disguised commercial exploitation: The boundary between educational use and commercial exploitation has considerably blurred with the emergence of digital technology.
The sale of reproductions, NFTs, or derivative products using Cassandre's work under the guise of Fair Use constitutes a manifest distortion of this doctrine.
Enrichment through referencing or affiliation: The use of Cassandre's works in a digital marketing context, even indirect, where reference to the artist serves to generate traffic or advertising revenue, clearly exceeds the scope of Fair Use.
Artistic denaturation: Any modification, cropping, or adaptation that alters the graphic and typographic quality of Cassandre's works, recognized for their formal perfection, constitutes an infringement of the artist's moral rights.

American jurisprudence itself, in cases like Campbell v. Acuff-Rose Music or more recently Google v. Oracle, recognizes that Fair Use does not apply mechanically in cases of predominant commercial purpose or proven prejudice to the rights holder's economy.

Position on Copyright Exceptions in Europe: A More Restrictive but Better Defined Framework

The European legal system adopts a different approach, based on an exhaustive list of exceptions and limitations to copyright. Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society, recently updated by Directive 2019/790 on copyright in the digital single market, strictly frames these exceptions.

The main recognized exceptions include:

Short quotation for critical purposes: The use of excerpts or partial reproductions of Cassandre's works is authorized in the context of critical analyses, academic studies, or journalistic commentary, provided that the quotation is justified by the critical or polemical character of the work and respects the author's moral rights.
Use for non-profit educational purposes: Educational institutions may use Cassandre's works in their courses, provided that this use is strictly limited to the pedagogical framework and has no commercial purpose.
Reproduction for archival or heritage conservation purposes: Cultural institutions (museums, libraries, archive centers) benefit from specific exceptions for their conservation and heritage valorization missions.

The A.M.CASSANDRE Estate fully supports these uses when they are justified, non-commercial, and accompanied by clear attribution to the author. This constructive position is part of a vision of copyright as an instrument of cultural diffusion as much as economic protection.

On the other hand, the A.M.CASSANDRE Estate firmly opposes certain practices that distort the spirit of these exceptions:

Online distribution of high-definition images outside the museum framework: Digital accessibility must not translate into uncontrolled availability of professional-quality works susceptible to being diverted for commercial purposes.
Use without rigorous educational context: The simple mention "for educational purposes" is not sufficient to justify any use. A genuine pedagogical framework, with clear learning objectives and institutional supervision, is required.
Any exploitation without direct link to a public service mission: Educational and cultural exceptions can only benefit institutions with a statutory public service mission in education or culture.

Contemporary Issues: Cassandre's Work in the Digital Age

The position of the A.M.CASSANDRE Estate is part of a broader context of redefining the balance between intellectual protection and public access to culture. Cassandre's work, through its notoriety and exceptional aesthetic value, constitutes a particularly revealing case study of these tensions.

The Question of Digital Reproduction

Digital technologies have revolutionized the modalities of reproduction and dissemination of artworks. Cassandre's posters, initially designed for mass reproduction, seem naturally adapted to these new media. However, the exceptional quality of his compositions, the subtle balance of his colors, and the precision of his typography require very high-quality reproduction that far exceeds legitimate educational or cultural needs.

The estate therefore ensures that authorized reproductions respect not only legal aspects but also the qualitative requirements essential for preserving the artistic integrity of the works.

The Impact of NFTs and New Digital Markets

The emergence of NFTs (Non-Fungible Tokens) and digital art markets poses unprecedented challenges. Cassandre's work, with its iconic compositions and international notoriety, represents a privileged target for speculators seeking to exploit the legal uncertainty surrounding these new technologies.

The A.M.CASSANDRE Estate maintains a firm position: no NFT or similar digital product can be created without express authorization, regardless of the technical medium used. This position is based on an extensive interpretation of patrimonial and moral rights, considering that any tokenization of a work constitutes a new form of exploitation requiring prior agreement from the rights holders.

Artificial Intelligence and Generative Uses

An emerging concern relates to the use of Cassandre's works as training data for artificial intelligence image generation systems. This practice, although technically possible, raises fundamental questions about the nature of copyright and the limits of the data mining exception.

The A.M.CASSANDRE Estate considers that using Cassandre's works to train commercial AI systems constitutes exploitation requiring authorization, particularly when these systems are likely to generate creations "in the style of Cassandre" that could compete with the original work.

Memory as Collective Responsibility

The A.M.CASSANDRE Estate defends a balanced position that deserves to be highlighted in the current context of growing tensions around intellectual property.

This position is:

✔ Open to dialogue with cultural and university institutions: Recognizing the social and educational value of art, the estate facilitates legitimate access to Cassandre's works in appropriate institutional frameworks.

✘ Firmly opposed to any form of commercial or parasitic misappropriation of the work: This firmness protects not only the legitimate economic interests of the rights holders, but above all the artistic integrity and cultural significance of the work.

This dual requirement perfectly illustrates the complexity of contemporary copyright issues, where the technical and economic challenges of the digital age meet fundamental questions of cultural transmission.

The formula representing the A.M.CASSANDRE Estate – "An artist's memory is protected as much by law as by discernment" – synthesizes this philosophy. It reminds us that legal protection is only an instrument serving a higher objective: preserving and transmitting an exceptional artistic heritage while respecting its universal vocation.

This position, far from being a simple declaration of intent, constitutes a genuine model for managing artistic estates in the digital age. It demonstrates that it is possible to reconcile rigorous protection with cultural openness, provided that a clear vision of the issues and values at stake is maintained.

Cassandre's legacy, through its richness and complexity, deserves this nuanced and thoughtful approach. It now belongs to cultural institutions, researchers, and the enlightened public to respond to this openness in a spirit of shared responsibility toward this exceptional heritage.