De Volkskrant — Court allows art collective Kirac to make film featuring Houellebecq’s bedroom scenes
News. Ariejan Korteweg. 28 March 2023, 16:29.
The French writer Michel Houellebecq has lost his court case against Stefan Ruitenbeek of the art collective Kirac. The court ruled against him on every point. This means Ruitenbeek has been given carte blanche to make a film using the bedroom scenes he has of Houellebecq.
Houellebecq had brought a case in Amsterdam because Ruitenbeek had allegedly made him sign a stranglehold contract at a time when he was unable to appreciate the consequences of his actions. In December, Houellebecq came to Amsterdam with his wife Qianyum Lysis Li at Ruitenbeek’s invitation for filming, some of it sexual in nature. Bedroom scenes had already been filmed in Paris. Soon after his arrival, Ruitenbeek asked him to sign a contract surrendering all control over the footage. The writer would have no right to a preview, no say in the use of the footage, no input into the script and no payment.
According to his lawyer, Jacqueline Schaap, such a contract is highly unusual, and Houellebecq signed it while taking medication for depression and after drinking several glasses of wine. The judge called the contract ‘far from balanced’, but did not consider that a reason not to hold Houellebecq to the agreement. Nor did the judge consider it proven that the contract was signed in a visibly intoxicated state. ‘All of this is insufficient to establish that his judgment was impaired by fatigue and alcohol.’ Finally, the judge had seen no evidence of depression.
Particular vulnerabilities
The fact that Houellebecq continued taking part in filming in Amsterdam after signing the contract also weighed in the ruling. Partly for this reason, Judge Messer, who heard the application for an injunction, did not consider that ‘Houellebecq needs to be protected because of particular vulnerabilities’.
The contract expressly states that Houellebecq and his wife may not appear recognisably on screen at the same time as their genitals. According to the judge, there is currently no reason to assume that Ruitenbeek will fail to honour that agreement. Ruitenbeek says the video film, called Kirac Episode 27, is still a work in progress. ‘It has always been my intention to make an honest portrait. Hopefully Michel will be able to recognise himself in the result.’
Lawyer Schaap called the ruling very disappointing. In her view, the judge should have given more weight to ‘the unreasonable contractual provision’. ‘That can render a contract voidable.’ It is not yet known whether Houellebecq will appeal.
The writer had previously asked a French court to order Kirac to take down the trailer announcing the forthcoming film. The French court considered itself without jurisdiction to rule on the matter and referred it to the Dutch court. Attempts to reach a settlement over the past few weeks came to nothing.
Disagreement within Kirac
There also appears to be disagreement within Kirac about Ruitenbeek’s conduct. Artist Tarik Sadouma, involved in Kirac’s projects from the start and appearing in many of the collective’s videos, has left Kirac because of its treatment of Houellebecq. He had hoped to make a film with the writer focusing on their shared interest in the American author H. P. Lovecraft.
He regards the contract Ruitenbeek concluded with Houellebecq, and the way the writer has been backed into a corner without regard for his condition or his artistic practice, as taking advantage of the situation. Kirac’s projects often take aim at the art world. Sadouma believes Ruitenbeek is guilty of the very behaviour he accuses the art world of.