The Le Corbusier Foundation sued Getty Images France for copyright infringement. It accused him of having supplied to third parties and disseminated photographs, notably of furniture created by Le Corbusier.

Getty Images France argued that the furniture depicted was only incidental to the subjects dealt with in the photographs. The trial judges nevertheless condemned her on the basis of Article L. Article 122-4 of the Intellectual Property Code, which provides that the total or partial reproduction of a work without the consent of the author, his successors or assigns, is illegal. The Court of Cassation confirms the decision of the trial judges. It notes that the latter have endeavoured, in their judgment, to describe,"for each of the photographs in question, the elements which form part of their composition and the importance attached to the presentation[of the furniture], before concluding that these pieces of furniture are clearly visible and perfectly identifiable".

Law Firm DAMY