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Music, Brushstrokes, and Copyright: A Broadway Musical’s Tribute to a Visual Artist

February 22, 2024

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Photo: Eric J. Simon, Lempicka Marquee, 2024.

By Eric J. Simon

“I was the first woman to paint cleanly, and that was the basis of my success. From a hundred pictures, mine will always stand out. And so the galleries began to hang my work in their best rooms, always in the middle, because my painting was attractive. It was precise. It was ‘finished.’”

~ Tamara de Lempicka.

Tamara’s art and life story take center stage in the new musical Lempicka. A visual artist’s work typically appears in a theatrical work’s background as design and production elements. Elements meant to complement and aid the story while avoiding the audience’s full attention. However, Lempicka seemingly subverts this idea by focusing the story around the legendary visual artist Tamara de Lempicka. The musical highlights her life and her work through a pop-infused score. Not only does Lempicka pay homage to a visual artist, but the production represents the power of artists’ rights. The Tamara de Lempicka Estate LLC has firmly maintained Tamara de Lempicka’s copyright, and this article will explore the power of that copyright.

The Life of Tamara de Lempicka

Tamara de Lempicka was a pioneer Art Deco visual artist.[1] She was born in Poland as Tamara Gorska on May 16th, 1898.[2] In 1916, she married the lawyer Tadeusz Lempicki and became Tamara de Lempicka.[3] The following year, the Bolsheviks arrested Tadeusz; however, through her social connections, Tamara secured his release, and together, they fled to Paris.[4] It was throughout the 1920s in Paris that Tamara de Lempicka studied art and developed her signature Art Deco style.[5] Her work was influenced by Fernand Léger’s cubist style and by her relationships with Pablo Picasso, Jean Cocteau, and André Gide.[6] Her portraits used light in a flattering manner to compliment the stylized subjects in front of her.[7] Her work featured alluring textures, clean lines, and a distinct style that made her unique.[8] Tamara de Lempicka rose to fame and became a socialite known for her extravagant events and passionate affairs with both men and women.[9]

(Credit: Tamara de Lempicka, La Tunique Rose (1927), photo from Sotheby’s available at https://www.sothebys.com/en/auctions/ecatalogue/2019/impressionist-modern-art-evening-n10147/lot.43.html).
Tamara de Lempicka, La Tunique Rose (1927), photo from Sotheby’s available at https://www.sothebys.com/en/auctions/ecatalogue/2019/impressionist-modern-art-evening-n10147/lot.43.html.

In 1922, Tamara de Lempicka began having an affair with one of her muses, Rafaela.[10] La Tunique Rose depicts Rafaela in an evocative manner and is one of the most expensive Lempicka paintings ever sold at auction.[11] However, it was because of her affairs that Tamara de Lempicka and Tadeusz Lempicki divorced.[12] By 1939, she was remarried to Baron Raoul Huffner and moved to America where she garnered the reputation of the “Favorite Artist of the Hollywood Stars.”[13] During the early 1960s, Tamara de Lempicka experimented with her artistic style, halting her career and her notoriety.[14] But, as Art Deco regained its popularity, so did Tamara de Lempicka.[15] In 1978, she moved to Mexico and eventually died in her sleep with her daughter Kizette by her side.[16] Celebrities such as Barbara Streisand, Jack Nicholson, and Madonna have accumulated Lempicka’s artwork.[17] Impressively, her life and work have even inspired a new biographical musical called Lempicka.[18]

A Broadway Adaptation

Following critically acclaimed runs at the Williamstown Theatre Festival and the La Jolla Playhouse, Lempicka is coming to Broadway in April 2024 at the Longacre Theatre.[19] Tony Award-winner Rachel Chavkin is directing this new musical, while Carson Kreitzer and Matt Gould join as writers of the book, lyrics, and original concept.[20] The musical will follow the life of Tamara de Lempicka by exploring “the contradictions of a world in crisis, a woman ahead of her era, and an artist whose time has finally come.”[21] Lempicka will center around Tamara’s affair with Rafaela. In preparation for the show, the Longacre Theatre has created an outdoor exhibition featuring Tamara de Lempicka’s most famous pieces, which include Nu Adossé (1925), Portrait of Romana de la Salle (1928), Self Portrait (Tamara in a Green Bugatti) (1929), The Green Turban (1930), Portrait of Ira P. (1930), Portrait of Marjorie Ferry (1932), and Adam and Eve (1932).[22]

 

Close-Up Photos of Longacre’s Lempicka Exhibition, 2024
Tamara de Lempicka, Nu Adossé (1925).
Tamara de Lempicka, Adam and Eve (1932).
Tamara de Lempicka, The Blue Scarf (1930).
Tamara de Lempicka, Portrait de Romana de la Salle (1928).
View outside the theater, Longacre’s Lempicka Exhibition, 2024.

 

The visual art community has also been preparing for this musical to arrive. On January 17, Sotheby’s hosted a one-night-only performance of the musical as a way to celebrate the artist and generate excitement for their upcoming selling exhibition: “The World of Tamara: A Celebration of Lempicka and Art Deco.”[23] This one-night event was the first time Sotheby’s hosted a Broadway performance.[24] Sotheby’s and Lempicka used the same shared subject, Tamara de Lempicka, to attract similar audiences to their distinct venues. It was a historical moment demonstrating the power of merging performance and visual art. As Lempicka garnered critical acclaim, Tamara de Lempicka’s work has been selling exceptionally well.[25] In 2020, the 1932 Portrait of Marjorie Ferry sold for more than 21 million dollars, an auction record for the artist.[26]

Path to Broadway

Victoria de Lempicka, the granddaughter of Tamara de Lempicka, is the administrator and successor of Lempicka’s estate.[27] In 2006, Victoria created the Tamara Art Heritage, and with the help of her daughter, Marisa de Lempicka, they formed the Tamara de Lempicka Estate LLC (“Lempicka Estate”) in 2018.[28] The Lempicka Estate is incorporated in Colorado, where Marisa De Lempicka lives.[29] As the Lempicka Estate spokesperson, Marisa De Lempicka has worked with producers in the United States, Europe, and Australia on various projects regarding Tamara de Lempicka.[30] While the Lempicka Estate wants to promote Tamara de Lempicka’s artwork and style, they are explicitly clear that the Lempicka Estate is the “exclusive copyright holders to [Tamara de Lempicka’s] name, likeness, life rights and images which lasts 70 years after her death.”[31] Since the Lempicka Estate owns Tamara de Lempicka’s copyrights, it must grant permission to those wishing to use her work.

Lempicka the musical complied with the Lempicka Estate’s intellectual property rights, and in 2023, the musical received permission for their usage.[32] Their website cites the Lempicka Estate, the Société des Auteurs dans les Arts Graphiques et Plastiques (“ADAGP”), and Artists Rights Society (“ARS”) as owners of the copyright.[33] ADAGP is an international society of artists who use their network to work closely with artists and defend their rights in France and abroad.[34] In 2019, ADAGP, as a representative of authors’ voices, submitted nine proposals focusing on creation, access, and promotion.[35] These proposals include improving the application process for public displays, encouraging artist workspaces in communities, establishing procedures for purchasing works by living authors, developing art libraries, developing an automatic financial system for artists, and generating readily available resources for artists on the international level.[36] Similarly, ARS is an alliance of visual artists who play an active part in defending artists’ intellectual property rights.[37] ARS focuses on two key attributes: protection and promotion by offering support with licensing requests, legal support, and educational outreach.[38] Combined, ARS, ADAGP, and the Lempicka Estate represent the robust protections for Tamara de Lempicka’s work and likeness.

Preserving Tamara de Lempicka’s Legacy

Intellectual property is valuable and requires maintenance. The Lempicka Estate has diligently maintained Tamara de Lempicka’s intellectual property rights. But why does this matter? If protected correctly, artists can benefit financially and strengthen their legacy through their intellectual property.[39] The Copyright Act of 1976 gives copyright owners the exclusive right to reproduce their work and to authorize others to reproduce their work, to prepare derivative works, and to distribute copies of the work to the public by sale or other transfer of ownership or by rental, lease, or lending.[40] From the moment of creation, the author automatically owns the copyright.[41] Notably, the ownership of the physical object and ownership of the copyright are separate rights.[42] The copyright term lasts for the lifespan of the artists plus 70 years.[43] Therefore, since Tamara de Lempicka died in 1980, her work will be in the public domain by 2050, but until then, as the successors and administrators of the creative property, the Lempicka Estate controls the copyright.[44]

Paying Homage to the Lempicka Legacy

The musical Lempicka centers around the decades of political and personal turmoil within Tamara de Lempicka’s life. Marisa de Lempicka’s comments about the show highlight the importance of licensing Tamara’s work to a group of artists willing and capable of handling the subject matter with respect and creativity.

When I first saw this show inspired by the life and times of Tamara de Lempicka, my great-grandmother, I got goosebumps and tears in my eyes. The music, the story, the choreography, the set, and the incredibly talented cast, directed by Tony Award winner Rachel Chavkin, were truly moving. We feel so happy and proud that Tamara’s art and life story keep inspiring new generations, almost one hundred years later, and that her resilience and iconic creativity are being portrayed in this extraordinary production.[45]

By centering a musical around a pioneer visual artist, Lempicka represents a unique merging of visual art with performance art to create a new work that subtly showcases the benefits of intellectual property. Lempicka shows the power copyright has by protecting artists from improper infringement while simultaneously preserving an artist’s legacy through proper reproductions and adaptations.

About the Author:

Eric is a law student at Brooklyn Law School, pursuing an Intellectual Property Certificate. He is on the Junior National Mock Trial Team and a staff editor for the Journal for Law and Policy. Previously, he worked within the performing arts industry as a stage manager, including at the Williamstown Theater Festival, where the first production of Lempicka premiered.

Suggested Reading:

Sources:

  1. Tamara de Lempicka, The Official Site for Tamara de Lempicka, available at https://tamaradelempickaestate.com/ (last visited Feb. 5, 2024). ↑
  2. Tamara’s Life, Tamara de Lempicka, available at https://www.delempicka.org/tamaras-life/ (last visited Feb. 5, 2024). ↑
  3. Tamara’s Life, Tamara de Lempicka, available at https://www.delempicka.org/tamaras-life/ (last visited Feb. 5, 2024). ↑
  4. Tamara’s Life, Tamara de Lempicka, available at https://www.delempicka.org/tamaras-life/ (last visited Feb. 5, 2024); Fiona MacCarthy, Artist of the Fascist Superworld: The Life of Tamara de Lempicka, The Guardian (2004) available at https://www.theguardian.com/artanddesign/2004/may/15/art. ↑
  5. Tamara’s Life, Tamara de Lempicka, available at https://www.delempicka.org/tamaras-life/ (last visited Feb. 5, 2024). ↑
  6. Tamara de Lempicka, ARTNET, available at https://www.artnet.com/artists/tamara-de-lempicka/ (last visited Jan. 29, 2024). ↑
  7. Flawless, timeless glamour– The art of Tamara de Lempicka, CHRISTIE’S, Jan. 28, 2020, available at https://www.christies.com/en/stories/tamara-de-lempicka-collecting-guide-e78bf268274746968f5177b376081282. ↑
  8. Tamara de Lempicka, ARTNET, available at https://www.artnet.com/artists/tamara-de-lempicka/ (last visited Jan. 29, 2024). ↑
  9. Tamara de Lempicka, ARTNET, available at https://www.artnet.com/artists/tamara-de-lempicka/ (last visited Jan. 29, 2024). ↑
  10. Flawless, timeless glamour– The art of Tamara de Lempicka, CHRISTIE’S, Jan. 28, 2020, available at https://www.christies.com/en/stories/tamara-de-lempicka-collecting-guide-e78bf268274746968f5177b376081282. ↑
  11. Flawless, timeless glamour– The art of Tamara de Lempicka, CHRISTIE’S, Jan. 28, 2020, available at https://www.christies.com/en/stories/tamara-de-lempicka-collecting-guide-e78bf268274746968f5177b376081282. ↑
  12. Flawless, timeless glamour– The art of Tamara de Lempicka, CHRISTIE’S, Jan. 28, 2020, available at https://www.christies.com/en/stories/tamara-de-lempicka-collecting-guide-e78bf268274746968f5177b376081282. ↑
  13. Tamara’s Life, Tamara de Lempicka, available at https://www.delempicka.org/tamaras-life/ (last visited Feb. 5, 2024). ↑
  14. Tamara’s Life, Tamara de Lempicka, available at https://www.delempicka.org/tamaras-life/ (last visited Feb. 5, 2024). ↑
  15. Tamara’s Life, Tamara de Lempicka, available at https://www.delempicka.org/tamaras-life/ (last visited Feb. 5, 2024). ↑
  16. Tamara’s Life, Tamara de Lempicka, available at https://www.delempicka.org/tamaras-life/ (last visited Feb. 5, 2024). ↑
  17. Tamara de Lempicka, ARTNET, https://www.artnet.com/artists/tamara-de-lempicka/ (last visited Jan. 29, 2024); Flawless, timeless glamour– The art of Tamara de Lempicka, CHRISTIE’S, Jan. 28, 2020, https://www.christies.com/en/stories/tamara-de-lempicka-collecting-guide-e78bf268274746968f5177b376081282. ↑
  18. Lempicka, LEMPICKA MUSICAL, available at https://lempickamusical.com/ (last visited Jan. 29, 2024). ↑
  19. Lempicka, LEMPICKA MUSICAL, available at https://lempickamusical.com/ (last visited Jan. 29, 2024). ↑
  20. Lempicka, LEMPICKA MUSICAL, available at https://lempickamusical.com/ (last visited Jan. 29, 2024). ↑
  21. Lempicka, PLAYBILL, available at https://playbill.com/production/lempicka-broadway-longacre-theatre-2024 (last visited Jan. 29, 2024). ↑
  22. Brent Lang, How “Lempicka” Producers Are Using Art Deco Masterpieces to Sell a Broadway Musical, VARIETY (2023) available at https://variety.com/2023/legit/news/lempicka-broadway-musical-ad-campaign-1235812493/. ↑
  23. Lee Carter, ‘Lempicka,’ the Broadway Musical About the Art Deco Artists, Will Be Staged at Sotheby’s New York for One Night, ART WORLD (2024) available at https://news.artnet.com/art-world/tamara-de-lempicka-broadway-musical-sothebys-2419417. ↑
  24. Alexandra Tremayne-Pengelly, Sotheby’s to Host One-Time Performance of Broadway’s ‘Lempicka’ (2024) available at https://observer.com/2024/01/sothebys-hosts-performance-broadways-lempicka/. ↑
  25. Alexandra Tremayne-Pengelly, Sotheby’s to Host One-Time Performance of Broadway’s ‘Lempicka’ (2024) available at https://observer.com/2024/01/sothebys-hosts-performance-broadways-lempicka/. ↑
  26. Alexandra Tremayne-Pengelly, Sotheby’s to Host One-Time Performance of Broadway’s ‘Lempicka’ (2024) available at https://observer.com/2024/01/sothebys-hosts-performance-broadways-lempicka/. ↑
  27. Rights- The Tamara Art Heritage, Tamara de Lempicka, available at https://www.delempicka.org/rights/ (last visited Feb. 5, 2024). ↑
  28. Tamara de Lempicka, The Official Site for Tamara de Lempicka, available at https://tamaradelempickaestate.com/about/ (last visited Feb. 5, 2024). ↑
  29. Business Entity Results- Tamara de Lempicka Estate LLC, Colorado Secretary of State, available at https://www.sos.state.co.us/biz/BusinessEntityDetail.do?quitButtonDestination=BusinessEntityResults&nameTyp=ENT&masterFileId=20181843987&entityId2=20181843987&fileId=20181843987&srchTyp=ENTITY (last visited Feb. 5, 2024). ↑
  30. Tamara de Lempicka, The Official Site for Tamara de Lempicka, available at https://tamaradelempickaestate.com/about/ (last visited Feb. 5, 2024). ↑
  31. Tamara de Lempicka, The Official Site for Tamara de Lempicka, available at https://tamaradelempickaestate.com/ (last visited Feb. 5, 2024). ↑
  32. Lempicka, LEMPICKA MUSICAL, available at https://lempickamusical.com/ (last visited Jan. 29, 2024). ↑
  33. Lempicka, LEMPICKA MUSICAL, available at https://lempickamusical.com/ (last visited Jan. 29, 2024). ↑
  34. How ADAGP Defends Artists’ Rights, ADAGP, available at https://www.adagp.fr/en/adagp-role-and-missions/how-adagp-defends-artists-rights (last visited Feb. 5, 2024). ↑
  35. 9 Proposals for the Visual Arts, How ADAGP Defends Artists’ Rights, ADAGP, available at https://www.adagp.fr/en/adagp-role-and-missions/how-adagp-defends-artists-rights/9-proposals-visual-arts (last visited Feb. 5, 2024). ↑
  36. 9 Proposals for the Visual Arts, How ADAGP Defends Artists’ Rights, ADAGP, available at https://www.adagp.fr/en/adagp-role-and-missions/how-adagp-defends-artists-rights/9-proposals-visual-arts (last visited Feb. 5, 2024). ↑
  37. About Us, Artists Rights Society, available at https://arsny.com/about/ (last visited Feb. 5, 2024). ↑
  38. About Us, Artists Rights Society, available at https://arsny.com/about/ (last visited Feb. 5, 2024); Protect, Artists Rights Society, available at https://arsny.com/protect/resources/ (last visited Feb. 5, 2024). ↑
  39. Artists Rights 101, Artists Rights Society, available at https://arsny.com/artists-rights-101/#:~:text=All%20artists%20need%20to%20know,the%20realization%20of%20these%20goals (last visited Feb. 5, 2024). ↑
  40. 17 U.S.C. § 106 (1976). ↑
  41. 17 U.S.C. § 106 (1976). ↑
  42. Artists Rights 101, Artists Rights Society, available at https://arsny.com/artists-rights-101/#:~:text=All%20artists%20need%20to%20know,the%20realization%20of%20these%20goals (last visited Feb. 5, 2024). ↑
  43. 17 U.S.C. § 302 (1976). ↑
  44. Rights- The Tamara Art Heritage, Tamara de Lempicka, available at https://www.delempicka.org/rights/ (last visited Feb. 5, 2024). ↑
  45. Press, “Lempicka,” The Sweeping New Musical, to Open at the Longacre Theatre, The Shubert Organization (2023) available at https://shubert.nyc/press/lempicka-the-sweeping-new-musical-to-open-at-the-longacre-theatre/. ↑

 

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

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