The support of Eric Zemmour used without authorization a photo of an article of the media “20 Minutes” to illustrate his appeal for donations in favor of the family of the policeman of Nanterre. A breach of the terms of use of the GoFundMe platform. Since the call of “Libé”, Jean Messiha has changed the cliché.
Some call it the “kitty of shame”, others use it to show their unfailing support for the police, even when they kill a 17-year-old teenager. The initiative launched after the death of Nahel by the support of Eric Zemmour, Jean Messiha, reached this Tuesday, July 4 the sum of 1.4 million euros. A disproportionate figure, at the height of the violence of the debates and the riots since the death of Nahel on June 27, giving rise to numerous requests for the closure of this kitty. To no avail, so far.
In addition to the moral or legal plan, the problem of this kitty also relates simply to the technical and regulatory aspect: the image used by Jean Messiha to illustrate the call for donations at its creation was in fact a photo of a journalist from 20 minutes. This was used on September 14, 2018 to illustrate an article entitled: “Rennes: Police bikers save lives, and not just on the roads”. Contacted by Releasethe journalist author of the photo and the article confirms that he was never informed by Jean Messiha of his intention to use this photo.
However, the general conditions of use of the GoFundMe platform stipulate that“with respect to User Content, you represent and warrant that you own all right, title and interest in and to such Content, or that you have all necessary rights and consents to (and to permit others) to exploit fully such User Content, including, without limitation, all copyrights, trademark rights, and rights of publicity or privacy relating thereto“. In addition, it is possible to report a kitty on the grounds that it “contains copyrighted material”.
If the question of the photos is not expressly mentioned in the conditions of the American platform, the copyright applies anyway to the use of photos by a third party.
According to our information, the file is now in the hands of the legal department of 20 minutes.
Contacted by Release, GoFundMe services have yet to respond. For his part, Jean Messiha claims not to have “no comment to make” about it and immediately changed the photo of the kitty after our call.
Like Eric Zemmour in 2019
While Jean Messiha brags about the social networks – “1 million euros. Their world is collapsing. Ours is reborn. Thank you and well done!” –, many voices were raised to argue in favor of closing this kitty, which could be considered a disturbance of public order. An argument put forward by the courts in 2021 to close the one in support of the yellow vest boxer Christophe Dettinger. “The fact that it was a person close to the extreme right who launched this kitty probably does not contribute to bringing appeasement”acknowledged Prime Minister Elisabeth Borne Monday evening at the end of a meeting with all the political groups to discuss the death of Nahel and the urban violence that followed.
Monday, July 3 in the morning, the American company assured several media that the kitty is “conform to [ses] terms of use as the funds will be paid directly to the family in question. The family has been added as a beneficiary and therefore the funds will go directly to them”.
The fact remains that Messiha’s method and amateurism are reminiscent of the video of the announcement of Eric Zemmour’s presidential candidacy on November 30, 2021. The teams of the far-right polemicist had used numerous archive images without ever ask permission from their owners. Zemmour and his Reconquest party were ordered on March 4 to pay a total of 70,000 euros to the plaintiffs.