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Frequently asked questions

The Alberto Giacometti Estate's Rights

When is it necessary to obtain the agreement of the legal beneficiaries?
Any use or exploitation of the work, name and image of Alberto Giacometti, and any adaptation of his work, must have a written authorization from the holders of his rights.
Nota bene: a restoration is not an insignificant act. It engages the right of respect for the work. Supervision by the beneficiaries, or their written agreement, is always preferable.

What do the rights to use or exploit the work of an artist entail?
This is a question, in particular, of the exclusive right to distribute the work among the public and authorize its reproduction, be it by image, publication or any other medium…The right to adapt the work is also involved.

What is the duration of this exclusive right?
From the time when the work is created, the monopoly of its use or exploitation, which lasted throughout the artist’s life in his favour, remains for a further 70 years after his death, exclusively in favour of his legal beneficiaries. Works appearing posthumously enjoy a monopoly of use or exploitation for 70 years after their appearance.

Are there are any obligations imposed on the holder of rights during the period of the exclusive rights?
Yes. Misuse in the exploitation or non-exploitation of the work is sanctioned by the Code of Intellectual Property.

What happens after the exclusive rights of use or exploitation have expired?
70 years after the artist’s death, the work appearing in his lifetime enters the public domain, which means that the reproduction of the original works that have appeared is free, provided that the reproduction respects the right of respect of the name and the work.

What is the right of respect of the name and the work?
The right of respect of the name is the right of authorship, i.e. the right to oblige others to always mention the name of the author of the work when it is made use of or exploited.
The right of respect of the integrity of the work is, in particular, the right to impose on any use or exploitation that it remains faithful to the original model and does not violate its image by any inappropriate use or exploitation.

Involved here are two elements of the artist’s moral rights, which are, where he is concerned, perpetual; they never expire. Even after the work has entered the public domain, these rights make it possible to control, for example, the fidelity to the original model, or the respect of the material of reproduction desired by the artist. They also make it possible to control the name under which the work is distributed.

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  • Credits

    Website designed by Spill.net for Fondation Alberto et Annette Giacometti

    Head of Publication
    Catherine Grenier

    Project Manager | Flora Mitjavile for the Foundation, Juliette Mage for Spill.net
    Design | Flora Mitjavile for the Foundation, Liz Sterling & Virginie Nguyen Tan Hon for Spill.net
    Documentation & Research | Stéphanie Barbé-Sicouri, Cecilia Braschi, Damien Bril, Serena Bucalo, Katia Busch, Alban Chaine, Marianna Gelussi, Valérie-Noëlle Jouffre, Michèle Kieffer, Mathilde Lecuyer, Robert McDonald Parker, Sylvie-Anne Pralus, Thierry Pautot
    AGD database | developed by Antoine Firmin for Lignes de code, by Christophe Le Bars for Spill.net and by the Foundation's team
    Copy editing | Christian Alandete
    Photographs of the collection | Jean-Pierre Lagiewski, Marc Domage
    Special thanks | Camille Guérin, Johanne Legris, Emilie Le Mappian, Hélène Sarreau

    Website | © Fondation Alberto et Annette Giacometti 2014
    Works & personal image of Alberto Giacometti | © Alberto Giacometti Estate (Fondation Alberto et Annette Giacometti, Paris + ADAGP, Paris) 2014

  • Legal notice

    Confidentiality
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    Intellectual Property
    All elements featured on this website (form, layout, graphics, photos, downloadable elements, databases, source code and editorial content) are the exclusive property of Fondation Alberto et Annette Giacometti. The Alberto and Annette Giacometti Foundation allows visitors to electronically copy and print its website pages on paper, in part or in whole, to personal and informational purposes only. Any other use of the fondation-giacometti.fr components, including reproduction for purposes other than those noted above, modification, or distribution in any form whatsoever without the express authorization of Foundation Alberto and Annette Giacometti, is prohibited and shall constitute a violation of copyright laws and intellectual property.