What do you do when you don’t want the neighbors to know you’re selling grandma’s heirlooms because you need the money? Make sure you have a good confidentiality clause.
Certainly, one way to lessen the embarrassment factor from a subsequent public sale in the world of Big Art, would be to contract for a lengthy — but not indefinite — “no-resale period.” Let the waters calm, let the interested observers move-on and focus elsewhere. If the work is desirable enough, and a purchaser’s time horizon is long enough, such a limited limitation on sale might potentially work to both parties’ interests. By incorporating such a clause, it can save the seller embarrassment that, in some circles, comes with exposing a weak financial position.
A nice lesson in contract drafting, peppered with a bit of common sense.
February 20th, 2014 by Sergio Muñoz Sarmiento in Art Law
Among the suggestions is a requirement that copyright registration be a prerequisite to the receipt of royalties.
Nice overview via Frankfurt Kurnit Klein + Selz.
What happens when an art dealer sells an artwork later found to be a fake? Can the dealer argue that s/he sold an authentic work and what was discovered to be a fake is another work? Donn Zaretsky highlights an interesting kink regarding a recent authentication lawsuit.
Original vs. Appropriated Image. Source: fstoppers.com
Copyright infringement is bad enough, but when you add some plagiarism salt to that wound it makes for very bad politics and cultural practice.
I’m not sure who the artist-in-thief was, but he apparently took an image from artist, Hengki Koentjoro, then had the audacity to submit it to a Samsung photo contest and claim it as his own. Unbelievable.
Unlike some readers, I don’t think this is really Samsung’s fault. How were they supposed to know the image was lifted, even if they did have each participating artist sign a release that included a rep & warranty clause. Liars will be liars. So, what was Samsung’s response upon finding out?
Samsung Camera took down the photo which was identified as stolen from all social media channels, disqualified the user for copyright infringement and violation of contest terms.
Here’s a bit more from fstoppers.com. And thanks to our friend Keri Douglas for the heads up.
An interesting overview of the Cariou-Prince case and the latest CAA report on fair use by The New Yorker’s Ben Mauk. I’m quoted at length.
I’d only like to add one thought of mine regarding “permission culture” that was not addressed in the article. One aspect of “permission culture” I don’t get is why we (artists) don’t have a problem buying materials (wood, paper, etc.), equipment (computers, power tools, etc.), and renting studio spaces – for good amounts of money – and yet we expect content to be made available for free, regardless of use and intent.
This is not to say that artists should always pay for content – that’s what fair use is for. The problem, of course, is that some people out there want a world where artists – and only artists – can appropriate for any reason regardless of the fair use doctrine. I don’t really see that happening.
And graffiti artists sue.
A high court in Paris last month opened and adjourned a case brought by the graffiti artist John Perello, in which he alleged that Warren Levy, a little-known, occasional dealer, had sold, since 2010, around two dozen paintings falsely attributed to the artist.
I’ll be giving a talk, Rights and Responsibilities: Key Legal Issues for Artists, at the Lower Manhattan Cultural Council on March 26, from 6:30 t0 8:30pm. Here’s a snippet on the topic below. For more information please view LMCC’s webpage here.
Property loss, compensation for lost or damaged property and recovery of property are just some of the issues that artists regularly face. These issues become more urgent in cases of natural disaster, such as Hurricane Sandy. This workshop will help artists understand common property issues in relation to their artwork, as well as how to develop professional relationships and written agreements that allow for the most productive working arrangements, now and in the future. Through this introduction to key property and contractual issues, artists will be better prepared to protect themselves and their property from unexpected events and acts of god.