IP SUMMIT
THE ART OF IP PROTECTION
TB&I talks to Claudia Andrieu, head of legal affairs at the Picasso Administration, about the challenges of protecting possibly the greatest artistic legacy of the 20th century.
What kinds of IP issues does the Picasso Administration face? How common is infringement?
T e Succession Picasso—sole owner of all the IP rights and interests attached to the work and the name of Pablo Picasso (not the Picasso Administration)—faces all kinds of violations. Some of them are IP issues, some of them not.
T ese violations are copyright infringements, trademark infringements, unauthorised uses of Pablo Picasso’s name and likeness for commercial and/or promotional purposes, and parasitism.
T e Succession Picasso has to deal with millions of illegal reproductions of works each year, hundreds of unauthorised uses of the Picasso name as trademark registrations, hundreds of unauthorised uses of the Picasso name for Internet domain
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registrations, and hundreds of unauthorised uses of Pablo Picasso’s name and likeness for commercial and promotional purposes.
Do you think there is general awareness among the public that artworks (especially paintings) may be protected by IP rules? If not, how can you raise awareness?
T e public knows about IP. All teenagers and their parents know that music is copyrighted—not free to use—and that trademarks are protected. T e diff erence between music and trademarks is that they are ready to pay for a trademarked product they will wear or show, and that they think will tell others who they are, but they are not ready to pay for music.
T e situation of the visual arts is even worse, especially because the visual arts have no industry
Trademarks Brands and the Internet Volume 1, Issue 3
that can speak for them. Artworks are unique or of limited edition; they are not part of an industrial process. Moreover, the public institutions (museums, etc) that oſt en own and exhibit original works of art, have a tendency to behave as if they were the owner of the intellectual rights attached to the works—as if possessing a work was meant to give you the rights attached to the work. But it’s not—all this is confusing and a source of violations. Last but not least, art is considered as sacred, which leads the public to believe that artworks belong to everyone, that they are common property and as such subjected to free use.
Raising awareness means a long-term strategy, including diff erent kinds of actions. But changing the mentality means education. T is is a key issue for us, working from the start and providing education about the need for protection for the visual arts.
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