[BCMA] policy info

Tue Sep 21 15:40:07 PDT 2010

I would suggest contacting CARFAC.

On 10-09-21 2:08 PM, "Moderated BCMA subscriber listserv."
<bcma at lists.vvv.com> wrote:

> From what I understand of copyright, a translation of an image into another
> medium exempts it from copyright infringement.
>  
> That said, the bigger question is what you will charge for the use of the
> images  most archives charge an additional fee for that kind of use (whether
> publication/ commercial).
>  
> I would probably ask that the artist note his image source (i.e. your
> institution). And sell his stuff in your gift shop (that way you will also
> make some money). I think you simply need to decide what your policy will be,
> and write your contract accordingly.
>  
> Hope that helps.
>  
> 
> Edward van Vliet, Director/ Curator
> Canmore Museum & Geoscience Centre
> 902B 7th Avenue
> Canmore, Alberta     T1W 3K1
> p. 403.678.2462
> f. 403.678.2216
>  
> www.cmags.org
>  
> History Never Sleeps
>  
> 
> From: bcma-bounces at lists.vvv.com [mailto:bcma-bounces at lists.vvv.com] On Behalf
> Of Moderated BCMA subscriber listserv.
> Sent: September-21-10 1:03 PM
> To: bcma at lists.vvv.com
> Subject: [BCMA] policy info
>  
> Hi all,
>  
> I am wondering if there are other museums that have had artists ask for photos
> in their collections to paint for profit.
> We have run into this, a local artist would like to use one of our photos to
> paint & produce cards from.
>  
> Any policies or advice out there for this?
>  
> Marilee Planden
> Office Manager
> Revelstoke Museum & Archives
>  
> 
> 
> From: bcma-bounces at lists.vvv.com [mailto:bcma-bounces at lists.vvv.com] On Behalf
> Of Moderated BCMA subscriber listserv.
> Sent: September 17, 2010 8:48 AM
> To: bcma at lists.vvv.com
> Subject: [BCMA] CMA Clip Serv: BC artist takes legal woes to performance art
>  
> B.C. artist takes her legal woes to the level of
> performance art 
> Performance piece is latest gesture in feud between Rebecca Belmore and her
> former art dealer over alleged breach of contract
> Marsha Lederman, The Globe and Mail, Thursday, September 16, 2010
>  
> Exhausted and distraught over legal troubles, Rebecca Belmore  the
> Vancouver-based Anishinabe artist who represented Canada at the Venice
> Biennale in 2005  has staged a performance piece that ended with her shouting
> ³I quit!² 
>  
> The exclamation, coming from one of the country¹s most prominent artists, has
> shaken the Canadian visual-arts community, which is now rushing to her
> defence, offering both moral and financial support.
>  
> The piece, performed last Saturday in front of the Vancouver Art Gallery, was
> called Worth ³(-Statement of Defence². It was created in response to an
> ongoing but escalating lawsuit filed against Ms. Belmore by her former art
> dealer, Pari Nadimi, who runs the Pari Nadimi Gallery in Toronto.
>  
> Originally launched in 2004, the lawsuit was revived in Ontario Superior Court
> in June when Ms. Nadimi filed an amended statement of claim against Ms.
> Belmore seeking more than $750,000 in damages.
>  
> Ms. Nadimi alleges breach of contract in Ms. Belmore¹s decision to leave the
> gallery, and wrongful interference: The statement of claim alleges Ms. Belmore
> stopped a sale of her work Megaphone to the National Gallery, which was
> ³embarrassing to the Art Gallery, damaging to Ms. Nadimi¹s professional
> reputation and caused her significant mental distress.²
>  
> In a draft statement of defence, to be filed Thursday or Friday, Ms. Belmore
> argues she had the right to refuse the sale and did so for ³personal artistic
> reasons.² 
>  
> The statement of claim also alleges that at the time Ms. Belmore left the
> Nadimi Gallery, Ms. Nadimi was in active negotiations for nearly $1.1-million
> worth of sales revenue in connection with Ms. Belmore¹s works.
>  
> Ms. Belmore¹s legal advisers call that claim preposterous.
>  
> Jack Adelaar, the Vancouver lawyer who is co-ordinating Ms. Belmore¹s legal
> representation, said he will file a counterclaim seeking $100,000 ³for
> intentional infliction of emotional distress / mental distress / mental
> suffering.² 
>  
> None of the allegations has been proven in court.
>  
> Mr Adelaar said the battle began in 2006 when the two got into a dispute over
> a payment for a piece of art. He said many of the issues were resolved out of
> court, so when the amended statement of claim was filed in June, Ms. Belmore
> was ³surprised and upset.²
>  
> With this Friday¹s deadline for filing a statement of defence looming, Mr.
> Adelaar said: ³She¹s incredibly emotional. Š She¹s fairly distraught about
> this and she can¹t believe what¹s happening.²
>  
> Ms. Belmore declined a request for an interview, writing in an e-mail to The
> Globe and Mail: ³I am on hold for now. I¹m exhausted.²
>  
> Nadimi did not return calls from The Globe and Mail; her lawyer said he would
> not comment on matters before the court.
>  
> Ms. Belmore¹s case is attracting widespread interest from Canada¹s visual-arts
> community. Glenn Alteen, with Vancouver¹s Grunt Gallery, has organized an
> online effort to raise money for her legal costs.
>  
> ³If she winds up owing $750,000 Š it¹s going to be very hard for her,² Mr.
> Alteen said. ³I don¹t think she¹s made that much money selling work in her
> career so far.² 
>  
> In Toronto, lawyer Paul Bain, who works extensively in the art world and
> represents artists, is helping to organize an online auction to raise funds
> for Ms. Belmore, with artworks donated by other artists such as Kelly Mark.
>  
> ³Various artists who feel what she¹s doing is important have offered to give
> her artwork to do with as she may,² Mr. Bain said Wednesday. ³Many can¹t
> afford to write cheques, so it¹s a way for them to get involved in this
> battle.² Mr. Bain said some dealers and galleries were also offering support
> to Ms. Belmore. 
>  
> In the performance piece, Ms. Belmore sat cross-legged in front of a garbage
> can and a sign reading ³I Am Worth More Than One Million Dollars To My
> People.² 
>  
> After some time, she scrubbed the sidewalk in front of her, and laid out the
> bed covering from her performance piece Wild, lay down on top of it, got up,
> wrapped it up, and presented it to Daina Augaitis, chief curator at the VAG.
> She then yelled ³I quit!²
>  
> Mr. Bain, who speaks with Ms. Belmore regularly, said he doesn¹t believe she
> will actually stop making art. ³I think she was feeling powerless and
> frustrated. Staging a performance was the best way for her to vent and get
> some points across.²
>  
> Mr. Adelaar said he hopes the way artists have mobilized to come to her
> defence will move her back into a positive frame of mind.
>  
> Belmore's performance can be seen here:
> http://www.youtube.com/watch?v=Cv9DfVAzok4
> <http://www.youtube.com/watch?v=Cv9DfVAzok4>
>  
> ---   30   --- 
>  
> 
> 
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> 
> lfeasey at ptsnorth.ca
> Box 2371
> Yellowknife, NT X1A2P8
> P: 867.446.3484
> 
> 
> 
> 
> 

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