Pablo Picasso
Avignon girls. 1907
Source: moma.org

about the intricacies of copyright law and how it affects the fate of works of art - in the article New York Times.

The new 3D film version of James Cameron's "Titanic," as, indeed, in his classic version, there is a scene in which the flashes work by Picasso (Picasso) «Avignon girl." Painting in 1907, of course, has never been on board the ill-fated vessel, it is still safe and sound quietly resides in the museum collection MoMA in New York. But most interesting is that the heirs of Picasso and the director was not allowed to use an image of work in the acclaimed film in 1997, but Cameron did not listen to them, and for this he had to pay a fine.

Bending his line artists and their heirs by the organization Artists Rights Society (Artists Rights Society). It stands guard over intellectual property rights over 50,000 artists and their heirs from around the world.

under the gun of the Company is not only a prolific director Cameron: Not so long ago, Google Art Project has expanded its online collection of works of art , which includes more than 30,000 works from the museum's 151, but because contradictions in the field of intellectual property project had to be removed from their 21 image pages.

There should be clear: intellectual property rights are often understood and interpreted art is not true: even if the work is sold to a collector or museum, usually the artist or his heirs will still remain the owners of the artistic image - for as long as 70 years after his death. So even though the painting "Avignon girls' rightfully owned by MoMA, the girls themselves, or more precisely, their images belong to the family of the artist, who died in 1973. It is easy to calculate that, under current legislation, these rights will remain with the family of Picasso until 2043.

And if you want to reproduce the image - whether online, on your calendar, t-shirt or mug, it does not matter - the heirs should give you his or her permission, it is the heirs, but not the museum. That is why, despite the recent increase in weight and size in Google Art Project is still no single work of Picasso.

It's not just Picasso: Few artists of the XX century became the collection of the project is distinguished by the fact that its leadership has not yet been settled copyright issues with the heirs. According to the Society for the protection of rights of artists, it does not repair any obstacles to the premises of reproductions of works in the database Google Art Project - under certain conditions, but the creators of the project, it seems, themselves prefer not to mess with whimsical heirs and simply bypass the controversial work of a party, not wanting to join in the negotiations.

society and other organizations representing the rights and interests of some 7,000 artists, VAGA, believe that Google is trying to unfairly shift the responsibility for negotiating with their arms on the shoulders of museums - the owners of works, that it is wrong.

Not so long ago, Toledo Museum of Art asked to remove from the pages of reproduction of the project "Resting Dancer" (1940), Matisse (Matisse) and 20 works from his collection, which fall under the law on the 70-year ownership rights to the heirs of an artistic image. The representative of the museum asked that his actions did not understand the true, and said that the museum will be only too happy appearance of the pictures on the pages of the project, but before it happens to be a special agreement.

The head of Google Art Project Court Amit (Amit Sood) told the New York Times, the project decided to focus on collaboration with the museum directly, abandoning the interaction with commercial organizations.

Google is not the first time such a position with respect to rights holders: the company has long been in conflict with the publishers and owners of literary works, because of his intention to be represented in digital form all the unreleased book ever.

Experts believe that the question This is really difficult to resolve, because the artists, as previously in the writers and musicians, often diametrically opposed viewpoints on the issue: the presence of someone of his work in the art based on Google will delight anyone, however, annoy.

Under the harsh effects of copyright law on the artistic images of any products covered: from the book of reproductions of images up on the charms and souvenirs. Organizations dealing with the rights of the author, in each case, find out the details of the project, and then seek a solution to the heirs and owners. Naturally, the services of such organizations are not free: in each case they get a percentage, depending on the amount and type of transaction.

Sometimes an artist or his heirs wish to intervene in the case: thus, for the re-creation Hollywood in the 2011 comedy "How to Steal a skyscraper," a light installation by Dan Flevina (Dan Flavin) observed an expert from the foundation of the artist.

About 40 percent of organizations representing the artist's attempt to impose a ban on use of the image. They often agree, but the creators of expensive films sometimes prefer to take the risk. Thus, for the film "Basquiat," about the life of a famous artist Jean-Michel Basquiat (Jean-Michel Basquiat), directed by Julian Schnabel, despite the objections of his father the late artist, created the painting in his style. However, such "workarounds" are prohibited by law. Nevertheless, the risk paid off: in the end the elder Basquiat went back on their word and did not submit claims to the film.

Other authors are more respectful of the will of the heirs: thus, the creators of 1996 film "Surviving Picasso" Ismail Merchant and James Ivory's even sent to the family of the artist to agree the screenplay, and flew to Paris for talks. Picasso's relatives still did not accept in a film made by an emphasis on loving master, after which the authors had to abandon the show works by Picasso in the movie: they are replaced by the operation contemporaries, recreating the spirit of the age.

Prepared by Mary Estrova, AI

Source: artinvestment.ru