Sunday, September 19, 2010

Hello...I am an artist...(response to the Rebecca Belmore Legal Fund on Facebook)...



The gallery who did not pay Rebecca Belmore her due for the sale of artwork was in Serious Breach of Contract which gives the artist the Legal Right to Terminate the Contract...I don't see how anyone could see this differently...This is a clear cut case of serious breach of contract with commensurate right to terminate said contract...The nuisance lawsuit the gallery has filed is just to obfuscate this fact & damages are owed the artist for costs relating to the nuisance lawsuit that followed...All monies related to winning this case should be paid by the gallery to any lawyers & other costs...There should be absolutely no costs to the artist when this is over...

http://www.facebook.com/pages/Rebecca-Belmore-Legal-Fund/156231281070631?ref=ts Link to the Rebecca Belmore Legal fund on Facebook where you can read comments & links to articles about this travesty against artists...


Hello...I am an artist...I was wondering if I could read somewhere about the nitty gritty aspects of this atrocity...I can't seem to find any details about how much money Pari Nadimi owed the artist for the two years of non-disclosure of the sale...& if & when that money will be paid...Galleries not disclosing sales nor paying artists has become quite common, compounded with this ridiculous notion that anything more than a one third cut to the gallery for arranging a consignment sale, is not too much...I, like many other older artists, remember a time when one third was the golden rule for gallery commissions...A consignment sale requires no money up front & hence, never before has deserved a wholesale discount (50)...No business person in their right mind gives a 50 off discount without an upfront volume sale- why artists are bending down to take this scrap is beyond me...The fact that the gallery is suing an artist who was stolen from just shows how low gallerists have descended into the slimy dungeon of corruption...This is an embarrassment to all gallerists & a travesty & I suggest that all artists quit their galleries in a show of moral support...
"I AM AN ARTIST I VOTE"
JOSEPH GROVE


Hello again...Let me rephrase my question: How much money has Pari Nadimi Gallery embezzled from artist Rebecca Belmore since the gallery opened in 1998, how much in damages is the Rebecca Belmore legal fund asking for, in light of the stress & expense caused by a wrongful nuisance lawsuit designed to keep the owners of Pari Nadimi out of jail for said embezzlement, & when is the Rebecca Belmore legal fund going to file a countersuit claim against Pari Nadimi gallery for the combined monies of unpaid fees plus damages including legal expenses plus a request for jail time for the person responsible at Pari Nadimi who neither reported sales of works nor paid fees due to artists... How many other artists have not been paid nor sales reported at this gallery & others? If the National Gallery of Canada & other collectors paid for works by Rebecca Belmore & she was not paid nor notified, then the National Gallery of Canada & other collectors are then in possession of stolen goods which must be returned to their rightful owner, the artist, since all works were on consignment & have not been paid for- which means that the police may be notified of the whereabouts of such stolen goods & be asked to reclaim them for the artist, & or a bailiff may be employed- at which point the National Gallery of Canada & those other collectors may file their own lawsuit claiming they were sold stolen goods, equivalent to being sold Nazi stolen art from a legal perspective- with known precedent of those stolen works being returned to rightful owners, historically...
p.s. Conrad Black went to jail for embezzlement, so should Pari Nadimi's owners...


last point for now: Sept. 20, 2010 10:17pm: 

Hi, one more thing...After discussion, we decided that the best way to handle a ridiculous lawsuit was to countersue for the same amount of money( for loss of income due to creative stress created by a nuisance lawsuit)...Then, get your lawyers to negotiate with their lawyers, & get both sides to agree to withdraw their suits without going to court...You know, fight fire with fire...good luck...(Aaron Milrad is an art expert lawyer if you need help-tell him Sari & Joseph Grove recommended him...)


Afterthoughts: response to Clint Watson's elegant formula for deciding whether an artist should work with galleries at all.

The formula goes like this by the way...

1/(1-.33) (one divided by 1 minus your commission in numbers- I give one third to galleries, or 33 percent approx, so in numbers that is 0.33)

So, just the bottom part becomes  0.67 (because one minus 0.33 is equal to 0.67)

So then you have 1/0.67 (the number one divided by 0.67)

Which equals= 1.49

Which translates into, a gallery has to sell 49 percent more work of mine for it to be worth my while to sell with a gallery & give them a one third commission on sales...

Note: this formula assumes that if you sell directly with no gallery you can charge less money to the collector...(if you charge 6 grand with a gallery & give them 2 grand commission, then selling directly on your own you can charge 4 grand, saving your collector the 2 grand you have to add to your prices to justify the use of the gallery system...)




(here is my comment...)
Love it. Love you. What a great formula! Love math. How elegant.
So I did this for me, since I don''t work with anyone unless it is a one third, to, two thirds split, in my favour. (33 percent commission to gallery approx.)
So...
1/(1-.33)
1/.67
=1.49
So...if I am deciding whether to work with a particular gallery or not at my 33 percent give, then that gallery has to sell 49 percent more work than I can sell myself to make it worth my while...
Hmmm. How much more work is 49 percent more?
Um...if I sell one painting every six months, then if I take on a gallery, they have to increase my sales to...
One and a half paintings every six months?
let me try again.
Yes...
let''s say per year...
Then from two paintings per year to three paintings per year...
(ok I can only paint two a year...)
But I see the point.
If I earn 12 grand a year from selling directly no gallery on two paintings a year.
Then with a gallery at one third commission, if I sell 3 paintings a year, at 6 grand each, with 2 grand commission on each to the gallery, then gross sales are 18 grand, with 6 grand going to gallery and then I take home at end of year 12 grand???
No that doesn''t work...
Um...Say I sell two paintings a year no gallery then you are assuming my selling price is lower- ok, so I sell two a year at 4 grand each equals a take home pay per year of 8 grand.
Then the previous math means with the gallery (who has increased my sales by approx. 49 percent) I get 12 grand take home pay per year.
So then I get 4 grand extra with the gallery per year...(based on sales of 3 paintings per year at 6 grand a pop)...
Or no gallery and only 8 grand per year on sale of two paintings.(at 4 grand each).

(Although honestly I am considering showing with no sale, and just charging admission...)(and selling tickets beforehand)...
Anyways, thanks for helping me to see with clarity...Math is so elegant that way...



http://www.paulgraham.com/equity.html here is the original equation source...

http://handicappedpets.com/www/index.php/hock-holder.html Wrist Holder & Hock Holder for Dogs...I totally support this company called handicapped pets.com & the work that they do...Please get some hock holders for your dog to support their legs if they run alot...BEFORE the break occurs. (an ounce of prevention is worth a pound of cure), (which is about a kilogram times 2.2. ...)




After all the computations and comparisons and formulas, I have developed a knack for intuiting what I want to get for a painting...My computations got me to about a thousand dollars Canadian currency for every month that I am working on a painting...Six months for a 36 by 48 inch oil brought me to a $6K asking price...I am comfortable with this, for now, for one particular work that is now finished...But, I have to say, that, depending on the work, the economy, demand and a few other variables like how much I like the work myself, that number can go up or down...
I am not afraid of upsetting collectors who bought my work for more- technology sellers have been doing this kind of thing for years...I paid $1700 dollars in 2002 (using a payment plan with interest over 3 years) for something that today resembles the iPhone, which people can get now for relative peanuts...The technology became easier to produce, and making multiples cost less to the creator...If I make work in the future that was easier to make, or costs me less, I don't have a problem with passing that savings on to the consumer...Thems are the breaks...
-and honestly, if someone says "never" to me about anything, including lowering prices, that is my signal to do the opposite...(must be a gene)...
Anyways, what I mean to say, is my best system, has so far been my gut...I feel out numbers...Six thousand felt really nice...It means I can give two thousand to the people I work with if I make a sale...Then I go home with 4, and maybe two of that is costs...In this market, 2 thousand dollars sounds like alot to me...and to many others...
When I get better at it, I hope I too can sell for those ridiculous amounts I saw at the Toronto International Art Fair on Monday...
My new work in progress feels like I want to price it when it is done at $8K...Just because it has been much harder to do than the one before...Won't take longer, but it has been more involving mentally...8K just feels ok...
Last year, everything was a fraction of that- that was before I had to use art lawyers...Once you have to use art lawyers, you realise how much things cost...But maybe you don't need them until you get to a certain point...But wow- sure adds to costs...
Plus, we have been feeding swans (subject of new painting)...Feeding swans gets pricey too if you do it right...
Anyways...Use your gut...and don't forget to pay all the people who helped you get there including your models...