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Pablo Picasso: A Cautionary Tale
In 1963, the Public Building Commission of Chicago asked Pablo Picasso to
design a sculpture for the Chicago Civic Center. Picasso agreed and, in 1965,
presented the Commission with his maquette. Unfortunately, he made a critical
error when he delivered the work—he failed to comply with certain procedures
required at the time to obtain a copyright. Several years later, Picasso’s
oversight proved costly. When the sculpture became the subject of an infringement
suit, a federal court deemed the copyright to the sculpture invalid and held
that Picasso’s work belonged to the public domain. Anyone could therefore
reproduce the sculpture without payment or permission. Picasso had unwittingly
waived his intellectual property rights in the sculpture. Clearly, his legal
acumen did not match his artistic talents.
Even the greatest artist of the twentieth century needed effective counsel
to safeguard his creative efforts. Without it, Picasso found himself without
protection for his legal rights. Whether you are an artist, musician, writer,
architect, director, or programmer, as a producer of copyrightable works,
you should not risk placing yourself in a similarly vulnerable position.
J. Crocker
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