from Artnews –
The artist claims the gallery chopped off 10 inches from his painting.
UPDATE: The attorney for the plaintiff informed artnet News that Grunert paid the judgment in full following the court order.
A judge ordered Manhattan dealer Tanja Grunert and her eponymous gallery to pay an artist the sum of $500 a day after failing to comply with an order handed down in earlier this year.
The judge in the case, Lewis A. Kaplan, ruled in an order filed on December 8 in US District Court, Southern District of New York, that Grunert is in contempt of court:
“Ms. Grunert shall pay to plaintiff in addition to all other sums owed by her, the sum of $500 per day for each day following the date of this order during which she has not fully and completely answered the interrogatories that she was directed by the Order to answer.”
In 2013, Brooklyn-based artist Joseph Marino Statkun, known as Jomar Statkun, originally sued Grunert and the gallery for “damages for violation of the Visual Artists Rights Act (VARA) of 1990.” According to the suit, a copy of which was obtained by artnet News, the complaint centers on a painting Statkun created, titled Tubal Cain at Beggar’s Creek. The original dimensions of the work were 60 inches by 72 inches.
The painting was sold for $16,000 in August 11 2010, according to the complaint. Two years later, Statkun claims he learned from a former employee of the gallery that “approximately 10 inches were cropped from Tubal Cain at Beggar’s Creek, without Plaintiff’s knowledge or consent,” according to court papers. A copy of the invoice is attached to the suit, noting the new dimensions of the painting as 50 inches by 72 inches.
In addition to the VARA violation, the artist made claims for violation of the New York Arts and Cultural Affairs Law, breach of contract, fraud, and defamation. He was asking for statutory damages in the amount of $150,000.
However the judge, deciding on a motion for default judgment, awarded $3,500 plus attorney’s fees, noting that “the dimunition in the size of the canvas was less than enormous. It had the effect of permitting the sale, at a substantial price, of a canvas that had not sold for an extended period.” Kaplan wrote that while the court did not want to “trivialize” the violation of Statkun’s rights, it saw “no reason to provide the artist with a windfall at the expense of the gallery.”
Any experience here?
they recommend this awful site:
This is the content of the email I received
ARTIFACT covers essential exhibition expenses related to the following:
1. Exhibition room (3.7×5.5 m / 12’x18′), it’s maintenance and attendance during a three-week solo exhibition;
2. Gallery assistance in co-ordination of the exhibition, installation and de-installation;
3. Art storage for artwork kept on consignment;
4. Opening reception, including wine and a bartender for a 2-hour reception;
5. Printing of color invitations to the opening reception;
6. Distribution of invitations;
7. Our sales commission is 40%.
8. $100,000.00 (one hundred thousand USD) insurance for artwork on consignment.
ARTIFACT occupies a prime ground floor space in a prime art destination of Manhattan (see our space on http://vimeo.com/78958772). Overall, the gallery spends over $30,000.00 USD to make exhibitions of artists like you possible. To further promote your solo show in a competitive New York art market with over 400 galleries, you may consider marketing options which require additional funding:
1. Exhibition Catalog: Full production (graphic design, printing, delivery to the gallery) of a 24 page color catalog (11″ x 8″ / 28 x 20 cm ) featuring 12 artworks of the artist and related information; distribution of the catalogs to the select list of art critics and curators. $15 per book (100 to 500 books). Please note that there are over 300 names only in our list of the International Association of Art Critics.
2. Catalog Essay written by a a professional New York based art critic – $1200;
3. Advertising in ARTERY – one of the world’s most comprehensive online art publications http://www.arterynyc.com/. ARTERY is a marketing choice of major art museums and institutions, including MoMA, The Brooklyn Museum, The New Museum, The Andy Warhol Museum, Rochester Contemporary Art Center, International Center of Photography, The Drawing Center, Parrish Art Museum, New York Foundation For the Arts, The Jewish Museum, Walker Art Center, Dia: Beacon, Toledo Museum of Art, San Francisco MoMA, Queen Sofia Spanish Institute, Philadelphia Museum of Art, Everson Museum of Art, Neuberger Museum of Art, Japan Society, Denver Art Museum, De Cordova Museum and many others. ($1500.) ARTERY features banners of important art galleries and some of the most exclusive brands, such as Mercedes Benz and Woldorf Astoria. Our publication collaborates with the writers of the highest caliber, such as the legendary Anthony Haden-Guest (Observer, Esquire, GQ), art critic Peter Frank (LA Times) and art writer Alexandra Peers (The Wall Street Journal, New York Observer, New York Magazine).
ARTERY is a marketing venue of choice for the elite galleries and luxury brands (Mercedes Benz, Woldorf Astoria) and select artists. Advertising includes one full year artist’s profile in ARTERY Register http://www.arterynyc.com/arterist/ ($1500).
4. Public Relations:
A. Extensive multimedia campaign and requests to include the artist’s name and work in the editorial content in print and online media, including the following publications:
The NY Times, The Wall Street Journal, Newsday, Metro New York, AM-NY, Time Out New York, New York magazine, The Village Voice, The L Magazine, The New York Observer, The Daily News, The New York Post, Daily Candy, Metromix, Newark Star Ledger, Westchester Journal News, Asbury Park Press, Connecticut Post, The Onion, Chelsea Clinton News, The Westsider, West Side Spirit, IN New York, Huffington Post, Avenue, Examiner.com, What’s Up NYC, Paper Magazine, Lucid Culture, NY1, WNBC TV’s Weekend Today in New York, WNBC TV’s LXTV, WABC-TV, WCBS-TV, NYC-TV, WNYW-TV’s, The Bloomberg News.
Art & Culture
Artnet, Artforum, ARTNews, The Art Newspaper, Artinfo, Culturekiosque, Modern Painters, Art in America, ARTNewsletter, VERY Magazine, Manhattan Arts International, Art Journal, ArtsJournal, Tar, Culture Vulture, ArtDaily, ArtNews, Index, Surface, Salon.com, Slate Magazine, CityArts, Playbill, CITYist, The Brooklyn Rail, Artcat, C-Monster.
B. Securing a minimum of one review about Artist’s work in the media;
C. Requests for participation of the Artist in exhibitions at selected museums, including the Metropolitan Museum of Art, the Museum of Modern Art, the Guggenheim Museum, the Whitney Museum of American Art, the New Museum.
D. Compiling and distribution of press-packages (press-release, invitation, catalog) among collectors, critics, and curators. $4000 (A, B, C, D all together)
You may select any combination which meets your goals and budget. When artists are unable to cover related expenses, we look for sponsorship. However, it takes a long time and is uncertain. Meanwhile, scheduling is time sensitive.
For gallery updates you may visit our Facebook page http://www.facebook.com/artifactnyc?bookmark_t=page
A reader wrote this – any experience here or feedback? “Caelum Gallery in Chelsea, New York City, is a vanity gallery. Several years ago, I walked in with another artist and the gallery director came over and engaged us in conversation. He took my card and said he’d look at my web site. Then I got a letter from him offering me a section of the gallery for a show — for a $3,000 fee. No, thanks.”
a reader sent in this post, any other feedback?
97 Allen Street, New York, NY 10002
Had a piece in a show back in 2013 and the Gallery purchased it but never sent me a payment.
Had many emails back and forth and had to go into the gallery multiple times asking for a status of my check but everyone claimed not to know anything about it or why the payment is missing.
The gallery has had a reputation in the past for stiffing upcoming artists.
AN artist said upfront costs for this gallery were in the thousands, any first hand experience with this gallery? Here is one letter I received about this gallery “One gallery in New York, who tried that game on me, is the Whitney International Gallery in Chelsea (Amsterdam Whitney) , New York. I think you should add them to the list. They had a upfront fee and a contract for $2,500. and 60%
Another New York City venue with a mixed reputation, Ico Gallery offers the same “deal” as the other pay to play places. For an upfront fee, artists are given space to display their work. The gallery is in the habit of sending unsolicited emails just as many other vanity venues do. The emails explain that they have viewed work online and would like to offer a show if the artist is willing to put up the cost at the outset. If you haven’t begun to pick up on the general thread of things by now, let’s be very clear. An artist should never, ever have to pay to display their work. Modest cost sharing for advertising and split commissions are the norm, but overhead costs are not.