The Tamara Art Heritage
represented by Victoria de Lempicka (granddaughter of Tamara de Lempicka), is the successor and administrator of the creative property attached to the work of Tamara de Lempicka, the joint ownership attached to the trademarks, the name, the likeness, the personality rights, and for all things linked to the defence of her work and person, with the powers defined by law, represented by Museum Masters International (“MMI”) and its agents abroad.
All requests for the use of the works, the likeness, and/or the name of Tamara de Lempicka must be handled by Victoria de Lempicka either directly, or indirectly via its representatives Museum Masters International, New York or its agents, which carries out the administrative work (drafting of contracts, printer`s proof, invoicing).
What are the rights of the Estate:
A. Incorporeal property right
“The author of a work of the mind shall enjoy, by the mere fact of its creation, an exclusive incorporeal property right which shall be enforceable against all persons.” – French Intellectual property code.
Economic attributes of author`s right: they will enable the Estate to exploit the monopoly attached to the work of Tamara de Lempicka.
Reproduction right: it is the fixation of a work by Tamara in a medium different from the original one (reproduction in books, puzzles, postcards and other merchandizing products…)
Performing right: this is the communication of a work to the public, through any process, among which television broadcast. In the case of graphic and plastic works, the work will first be incorporated into the audio-visual program (reproduction) then broadcast (performance). The prior written permission of the Estate is mandatory. The rights are cleared only through the contract of authorization delivered by the agencies of Tamara de Lempicka. All unauthorized use constitutes a civil tort and a criminal offence. Any complete or partial performance or reproduction made without the consent of the author or his successors in title or assign shall be unlawful (…) European intellectual Property Code.
The term of protection is author`s life plus seventy years.
It is illegal for anyone to violate any of the rights provided by the copyright law (USA)/Intellecutal Property code (EU) to the copyright holder:
To reproduce the work in copies or photo records;
To prepare derivative works based upon the work;
To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work;
This is the right linking the author to their work (“this is the legally-protected link, connecting the creator to his/her work, and granting the creator supreme prerogatives over the users, even if the work has entered the economic circuit”. Pierre-Yves Gautier-Propriéte littèraire et Artistique – Editions Puf)) Moral right comprises four elements:
Right of disclosures.
The author alone shall decide how his work shall be disclosed to the public, thus keeping a better control over his work. “Under reserve of provisions of article L132-4, he decides the process of disclosure and sets the conditions (…)” Article L21-2 of the French Intellectual Property Code.
Rights of authorship: whatever the circumstances, the author has the right to claim the paternity of the work, and to be acknowledged as the “father” of the work, as the author: “the author shall enjoy the right to respect for his name, his authorship and his work”. Article L121-1 of the French Intellectual Property Code.
Right of integrity of the work: The author enjoys the right to demand that both the physical integrity and the destination of the work be respected. Practically, in the case of the Estate, all authorizations are granted under the condition that the work be reproduced without alteration and with absolute fidelity. The reproduced work shall not be mutilated, altered, and colours shall be faithful to the original work… Besides, the use of the work shall not be detrimental to the work and reputation of the artist. All licensees are consequently under the obligation to provide the estate and/or its agencies. With prototypes for the exercise of moral right. This also applies for all promotional material.
Right to reddem: The author has the right to withdraw the work from the economic circuit, provided he indemnifies its owner or seller.
It is important to underline that moral right is perpetual (it survives after the author`s death and the work`s entry into the public domain), inalienable (it cannot be transferred) and imprescriptibly (it is not lost for lack of use).
Failure to respect moral right constitutes a counterfeiting offence.
The estate stipulates in its contracts that only photographic sources of good quality shall be used for reproduction. It is specifically prohibited to scan works reproduced in books.
A trademark is a distinctive sign which enables a firm to differentiate its products or services form those of its competitors. Trademark right enables its holder to prohibit any non-authorized third party from using the registered sign in trade. The Estate has already registered as mark the name and/or the signature of Tamara de Lempicka in certain classes of products and services in many countries, notably in order to be able to prohibit unauthorized third parties form doing business with the name or signature.
As a right generates a corresponding obligation, the estate is under the obligation to exploit the said marks. As a consequence of the above, and in order to fulfil this obligation and continue exerting its right, the estate has chosen to develop licenses with prestigious and world-renowned partners.
B. Personality rights
The name and likeness of Tamara de Lempicka are patrimonial elements pertaining to the monopoly of the estate. Third parties wishing to use them are under the obligation to submit a request to the estate or its agents. Unauthorised users are sanctioned by courts according to civil liability mechanisms and parasitism.