LOUVRE vs PORNHUB or WHY A SUBSTANTIAL CLAIM IS BETTER THAN A COURT

The Louvre (France) and the Uffizi Gallery (Italy) in July 2021 accused the company Pornhub (which is engaged in the production of video films for adults) of violating the rights of such museums through an online guide to erotic art posted on their website.

WHAT IS AN ONLINE GUIDE?

The title of this guide is “Classic Nudes”. The guide offers site users a guide to erotic art in the world’s most famous museums. The purpose of such a guide was to “encourage people to visit art museums more often and study classical works more carefully.” This is a kind of collection of works of art that Pornhub filmed in six museums around the world:

  • in the Louvre;
  • in the Orsay Museum;
  • in Madrid’s Prado;
  • in the Metropolitan Museum in New York;
  • in the Uffizi Gallery in Florence;
  • in the British Museum in London.

The audio guide was voiced by porn actress and brand ambassador Asa Akira.
In addition, the project includes several videos that supposedly “animate” paintings from museums and turn them into scenes of sexual intercourse. Italian porn actress Cicciolina starred in the main role.
It is also noted that the picture of Venus of Urbino was turned into a video where the actress masturbates.

WHAT DID THE MUSEUM REPRESENTATIVES DEMAND?

Museum representatives demanded that the company remove from the site digital copies of works, the originals of which are in the exposition of these institutions. For this, the lawyers of the Louvre and the Orsay Gallery jointly prepared and sent a claim to the company demanding the removal of the specified content.
The Uffizi Gallery noted that, according to Italian law, the museum must give consent to the use of works from its collection for commercial purposes. However, the Uffizi Gallery did not give such consent. The museum is sure that the porn site uses masterpieces of classical art for its own advertising.

HOW DID THE SCANDAL END?

After receiving the complaint, representatives of the museums and the company Pornhub held negotiations, after which Pornhub agreed to the demands of the Paris Louvre and the Italian Uffizi Gallery, and changed the design of its own guide. Yes, Pornhub has removed some of the audio guides about the works housed in these museums from its online guide.
The virtual halls of the Louvre and the Uffizi galleries are now unavailable on the website. But there you can still find works of art from the collections of the Musée d’Orsay, the Metropolitan Museum and the London National Gallery.

 

We would like to point out that the use of someone else’s work (including works of fine art: paintings, sculptures, architectural works, etc.) is allowed only after obtaining consent from the copyright holder of such a work of fine art.

If your work is being used illegally without permission, don’t rush to file a lawsuit right away, as it can take a lot of time and money. Use the methods of pre-trial claim work, which can not only help resolve issues of illegal use of your work, but also possibly create conditions for cooperation with a potential partner and receiving royalties for further use of your work by such a partner. Negotiations and warnings, expressing clear conditions and establishing connections for the future are an effective mechanism for regulating relations in various spheres, even in porn art.

/ / /