CA Rennes 05.12.2023
Originality of photographs – Choices revealing an artistic approach – CA Rennes, 1st Ch., Dec. 5, 2023, no. 21/01537
For a photograph to be considered original, it must go beyond the mere technical and aesthetic choices made by the photographer, to reflect the imprint of his or her personality. In photographic work, elements such as the choice of subject pose, angle of view, lighting, position, expression, colors, staging, the use of specific locations and accessories, as well as particular printing techniques, can contribute to this originality. However, these choices must be made freely and deliberately, reflecting the author’s personal artistic approach.
At a time when the focus was more on drivers, cars and their performances, the photographs taken by the applicant during the 24 Hours of Le Mans testify to his choice to capture life around the circuit and the special atmosphere that reigned there. He took photos of families, workers, children and even political discussions. What’s more, the shots were taken on the spot and show something other than the cars and the track.
As a result, these photographic works are original.