Illustration by Hyperallergic
After an eight-year legal battle full of twists and turns, Facebook agreed to settle a case with Frédéric Durand-Baïssas, a French kindergarten teacher who sued the company for suspending his account after he posted Gustave Courbet’s nude painting “L’Origine du monde” (“The Origin of the World,” 1866). The social media giant will make an unspecified donation to a French street art association, Durand’s lawyer said.
Durand’s protracted legal dispute with Facebook dates back to 2011, when the teacher first sued the company on claims of censorship. In 2015, he sought €20,000 (~$22,400) in damages in a French court and won the case. Following the case, Facebook clarified its nudity guidelines announcing a more nuanced policy that allows depictions of nudity in art. But to Durand’s dismay, a higher court in France overturned the ruling on March 2018, though it reprimanded the company for never fully explaining why it closed the account.
Gustave Courbet, “The Origin of the World” (1886) (via Wikimedia Commons)
“Censoring this painting, which is also a hymn to the freedom to create, is an attack against democracy, against the ‘Declaration of the Rights of Man and of the Citizen,’” Durand’s lawyer Stéphane Cottineau said in an interview to Le Monde at the time. “If Facebook has a different vision of that which is contained in the laws about freedom of expression, it has no right to impose it.”
But as Durand was preparing an appeal the 2018 ruling, a deal was finally reached between the two sides, Cottineau said in a statement to AFP. Facebook will be making its donation to the French urban art association Le MUR (The WALL). “This donation ends the legal battle between Mr. Durand and Facebook,” Cottineau said, without giving any further details. Durand’s connection with Le MUR remains unclear. Facebook has not yet responded to Hyperallergic’s inquiry about the details of the settlement.
Durand’s account was not the first, nor last, to fall victim to Facebook’s overzealous algorithms. In November 2018, the company permanently disabled the account of curator and art historian Ruben Cordova after he posted a picture of John De Andrea’s hyperrealistic “Self-Portrait with Sculpture” (1980). In August that year, it rejected an ad by the Montreal Museum of Fine Arts because it featured nude Picasso paintings.
An internal Facebook document leaked in 2017 made the distinction between “handmade art” (painting, sculpture, and drawing) and “digitally created” art. Depictions of nudity and sexual activity are allowed in “handmade art,” according to the document. In “digitally created” art, the company updated its policy to allow images of nudity but maintained its ban on digital art images of sexual activity.
The Latest
MTV’s The Exhibit Is Finally Spicing Up
In the penultimate episode, the show’s editors managed to ignite the spark of mindless reality TV.
Guggenheim Museum Union Rallies at VIP Opening
The museum’s commitment to diversity in exhibitions rings hollow to workers who say they are not receiving a fair wage.
The Public Theater Explores the Hurricane Katrina Diaspora in shadow/land
Written by Erika Dickerson-Despenza and directed by Candis C. Jones, this lyrical meditation on legacy, erotic fugitivity, and self-determination is on view in NYC.
Quieter Artworks Stand Out At a New York Photo Fair
At this year’s Association of International Photography Art Dealers show, the best works offer glimpses into the personal lives of photographers and their subjects.
Special Edition: 🖌️Artists’ Signatures ✍️
In this special edition, we investigate what artists’ signatures actually mean, and the fascinating results reveal the multifaceted history of this curious phenomenon.
The Rubin Museum Presents Death Is Not the End
Tibetan Buddhist and Christian works of art made across 12 centuries explore death, the afterlife, and the desire to continue to exist. On view in NYC.
What Is a Signature in the Internet Age?
As a cryptographic unit for record-keeping, an NFT can be seen as analogous to a signature or an autograph.
The Meaning of Ancient Greek and Roman Artisan Signatures
What did a signature mean in the ancient world, and how much can we trust what they seem to tell us?
When I Am Empty Please Dispose of Me Properly
Ayanna Dozier, Ilana Harris-Babou, Meena Hasan, Lucia Hierro, Catherine Opie, Chuck Ramirez, and Pacifico Silano explore the myths of the American Dream at Brooklyn’s BRIC House.
Michelangelo’s Signature and the Myth of Genius
Michelangelo served as a stellar example for future artists who sought status and economic independence.
Uncovering the Photographer Behind Arshile Gorky’s Most Famous Painting
As we pursue photographer Hovhannes Avedaghayan a fascinating picture begins to emerge of him and the world of which he was part.
Pratt’s 2023 Fine Arts MFA Thesis Exhibition Is On View in Brooklyn
The two-part exhibition features the work of 41 graduating artists across disciplines, including painting, sculpture, printmaking, and integrated practices.
100 Years of Artist Signatures in a Detroit Club
The beams in Detroit’s Scarab Club act as a guest book of sorts, carrying a wealth of stories and history, including signatures by Diego Rivera, Marcel Duchamp, Margaret Bourke-White, Isamu Noguchi, and others.
The Myth of Agency Around Artists’ Signatures
In an art world built on shifting sands, artists’ signatures become symbols of agency for some, and relics of the past for others.