[BCMA] policy info

Tue Sep 21 23:29:36 PDT 2010

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>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 "I quit!" 

The exclamation, coming from one of the country's 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 "(-Statement of Defence". 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. Belmore's 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 "embarrassing to the Art Gallery, damaging to Ms. Nadimi's professional
reputation and caused her significant mental distress." 

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 "personal
artistic reasons." 

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. Belmore's works. 

Ms. Belmore's legal advisers call that claim preposterous. 

Jack Adelaar, the Vancouver lawyer who is co-ordinating Ms. Belmore's legal
representation, said he will file a counterclaim seeking $100,000 "for
intentional infliction of emotional distress / mental distress / mental
suffering." 

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 "surprised and upset." 

With this Friday's deadline for filing a statement of defence looming, Mr.
Adelaar said: "She's incredibly emotional. . She's fairly distraught about
this and she can't believe what's happening." 

Ms. Belmore declined a request for an interview, writing in an e-mail to The
Globe and Mail: "I am on hold for now. I'm exhausted." 

Nadimi did not return calls from The Globe and Mail; her lawyer said he
would not comment on matters before the court. 

Ms. Belmore's case is attracting widespread interest from Canada's
visual-arts community. Glenn Alteen, with Vancouver's Grunt Gallery, has
organized an online effort to raise money for her legal costs. 

"If she winds up owing $750,000 . it's going to be very hard for her," Mr.
Alteen said. "I don't think she's made that much money selling work in her
career so far." 

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. 

"Various artists who feel what she's doing is important have offered to give
her artwork to do with as she may," Mr. Bain said Wednesday. "Many can't
afford to write cheques, so it's a way for them to get involved in this
battle." 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 "I Am Worth More Than One Million Dollars To My
People." 

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 "I quit!" 

Mr. Bain, who speaks with Ms. Belmore regularly, said he doesn't believe she
will actually stop making art. "I think she was feeling powerless and
frustrated. Staging a performance was the best way for her to vent and get
some points across." 

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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