V. A few practical examples
A/ YOU WISH TO REPRODUCE A WORK IN A TRADITIONAL PRODUCT (book, postcard, poster…) OR INCLUDE A WORK IN AN AUDIO-VISUAL DOCUMENT
This is a simple case of author’s right. You must send to PICASSO ADMINISTRATION a request for permission containing the following information:
1. characteristics of the product
- Title of the product
- Author’s name
- Planned print run
- Retail selling price of the product
2. characteristics of the reproduction of Pablo Picasso’s work
- Title
- Year of creation
- Size of the reproduction compared to page size
- Color or black and white reproduction
With this information, and should there be no ground for refusal, PICASSO ADMINISTRATION will establish a contract of authorization, stipulating, besides the product, duration, territory and royalties, the conditions of this exploitation:
- The work shall be reproduced in its entirety
- Any modification or alteration of the work is forbidden
- The integrity of the work must be respected (the colours must be faithful to the original work). A printer’s proof will be required before any manufacturing or marketing of the product in order to validate the quality of the reproduction of the work.
Economic conditions can be determined in the two following ways:
- The law stipulates that the author’s remuneration must be proportional to the profits of the exploitation (in the case of a monographic work, the remuneration will be established according to the print run and the retail selling price of the product, tax excluded or the wholesale selling price).
- The remuneration may be fixed as a lump sum, especially if “the basis for calculation of proportional remuneration cannot be practically determined”, “there are no means to control the application of the participation”, the management expenses would be too high, or when the use of the work is accessory in relation to the product. Such is the case for isolated reproductions.
Upon publication, the publisher must send a specimen copy of all products to PICASSO ADMINISTRATION, which will then invoice the rights.
B/ YOU INTEND TO SELL MANUFACTURED PRODUCTS REPRODUCING THE NAME AND/OR PABLO PICASSO'S WORK.
These are complex permissions as they generally involve author’s rights (if works are reproduced), trademark law and personality rights (for the use of the name and likeness of Pablo Picasso).
For these requests, a specific license contract is always established, stipulating the field and conditions of exploitation: territory, duration, extent of rights granted, royalties.
Licensees are submitted to a very strict approval procedure (exercise of moral right) by which they must submit to PICASSO ADMINISTRATION - for prior written approval - all samples of products (prototypes) and proofs of promotional material.
When author’s rights (use of works) come into play, the main difficulty lies in the good quality of the reproduction: the first step is therefore to select works by Picasso adapted to the product and to the reproduction techniques imposed by the manufacturing materials of the product. A work suitable for reproduction on paper will not necessarily be suitable for ceramics. This is why it is important to carefully develop the project before sending requests for permission to PICASSO ADMINISTRATION.
C/ YOU WISH TO USE THE NAME, AND/OR THE LIKENESS, AND/OR WORKS BY PABLO PICASSO FOR AN ADVERTISING CAMPAIGN.
Once again, these are complex permissions as they generally involve author’s rights (if works are reproduced), trademark law (use of the name Picasso) and personality rights (use of the name and likeness of Pablo Picasso). This type of cases is examined very carefully as companies use the name and/or the likeness of Pablo Picasso, and not only works, to communicate. (Example: APPLE “THINK DIFFERENT” campaign in 1999 with 20th century great figures, among which Picasso). In such cases, as a preliminary to any request, we generally ask to be sent a presentation of the company, a very detailed script and a media plan.
D/ YOU WISH TU USE THE NAME PICASSO TO REGISTER A WEB SITE OR A TRADEMARK.
This is strictly prohibited by the Succession Picasso.
Summary