Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 25, Issue 21
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Creepy Copyright: The Legend of Black Aggie
By Kristyn Webb
They say she watches. That her eyes glow red at midnight. That if you sit on her lap, you’ll never rise again. She’s called Black Aggie, and she wasn’t supposed to exist.
In the late 1800s, famed sculptor Augustus Saint-Gaudens created a solemn monument to grief — a veiled figure in Rock Creek Cemetery, known simply as Grief. The statue was quiet, contemplative, and protected by copyright — or so Saint-Gaudens’s widow thought. It was created as a memorial commissioned by Henry Adams (grandson to American president John Quincy Adams), following the death of his wife Marian “Clover” Adams in 1885. Saint-Gaudens was a popular and revered sculptor who designed well-known works such as the $20 gold double eagle coin for the US Mint.
In the early 1900’s, a replica appeared over a grave in Druid Ridge Cemetery, Maryland. The replica was designed by Edward Ludwig Albert Pausch and was commissioned by Felix Agnus who wanted a memorial for his family burial plot.
The resemblance was striking, and Saint-Gaudens’s widow sought help from Henry Adams who had insisted that no money should be made from the Grief memorial, despite its growing popularity as a piece of artwork. Adams and the widow tried to sue Agnus to compel the destruction of the knockoff memorial. However, at that time, works had to be registered with the Library of Congress and comply with strict formalities to enjoy copyright protection. Because Saint-Gaudens had considered Grief to be a sentimental piece, he did not register the work, and thus, there was no copyright to enforce against design pirates.
For his part, Agnus claimed he had been duped by unscrupulous art dealers and suggested that Adams file suit against them. Adams did just that and won a sum of $4,500. Saint-Gaudens’s widow eventually registered the copyright in the design for Grief to help combat further piracy. Agnus, however, refused to destroy his copy, and was eventually buried under it in Druid Ridge Cemetery. The replica, called “Black Aggie,” was donated to the Smithsonian and moved to Lafayette Square in Washington D.C.
Legend has it that grass refuses to grow in her shadow, and anyone who dares to sit in her lap will meet a grisly end. Copyright infringers, beware: lawsuits are scary enough—but even the best lawyer cannot save you from a haunting!
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group and holds a master’s degree in Copyright Law from King’s College London.
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