Hello,
I'm not doing this to get into a debate whether or not shows should require
LE. What I do want to do is provide some links to information about the laws
on the book about LE.
The laws are not uniform and in some states are rarely enforced but in other
they are.
I have an interest as my work is moving more toward museum collections,
exhibitions and very unique pieces of which there are very small editions.
But as artists mo matter our venue we should be aware of the legal questions
that can be generated when we say a work is a LE but we look for loop holes
to get around that requirement when we do art shows that require LE. But the
people producing the shows may not have a clear idea of what construes an LE
and need to be educated that maybe that is not what the should be requiring.
My personal belief is that as artists/vendors at these shows we should have
the right to decide if we want to create LE's of our work or print on
canvas. Not have it decided for us because painters feel as if we're
encroaching on their territory.
Some years ago Art Business News ran several stories about artists who were
sued and dropped by their galleries and collectors because they sold LE that
wer not really limited or republished a piece that was originally limited to
an edition of 200 or less in a new edition of several thousand. I'm trying
to get a copy of the article for my web site.
New York, Rhode Island, South Carolina, North Carolina, Minnesota, Michigan,
Massachusetts, Iowa, Illinois, Arkansas, Hawaii, Georgia, Oregon, and
Maryland. California, New York, and Michigan have by far the toughest laws
on the books to date.
http://www.fineartregistry.com/articles/franks_teri/art-limited-editions.php
You really have to dig to get information about LE"
http://www.quizlaw.com/copyrights/what_is_a_work_of_visual_art.php
Print Disclosure Laws
-
You should not be an art printer, publisher or broker if you do not know
what the law <http://www.ehow.com/legal/> requires from you when
advertising or selling a piece of art. In Michigan, a broker must disclose a
giclee is not an original work of art---it is a photo reproduction. If it is
referred to as an "original giclee," it is a case of fraudulent
misrepresentation and heavy fines can be levied on the company. California
brokers may be ordered to pay three times the cost of the print to the
customer if not compliant with the "Multiples Law."
http://www.ehow.com/about_5410983_laws-fine-art-reproductions.html
Read more: Laws on Fine Art Reproductions |
eHow.com<http://www.ehow.com/about_5410983_laws-fine-art-reproductions.html#ixzz1NbmpsYMT>
http://www.ehow.com/about_5410983_laws-fine-art-reproductions.html#ixzz1NbmpsYMT
California: the FARR act is forty years old but few are aware that it
exists.
In an effort to enable prospective purchasers to make informed decisions as
to the value of a fine art print, many states, including California, have
adopted statues that require disclosure of certain information prior to the
sale of a fine art print. For example, the California Fine Prints Act, also
known as the Farr Act (Cal. Civ. Code §1740 *et seq.*, available at
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20),
is a consumer protection statute that applies to art multiples, including
fine art prints, that are offered or sold by art dealers for one hundred
dollars or more, exclusive of any frame.
The term "art dealer" is defined under the Farr Act as a person who is in
the business of dealing exclusively or non-exclusively in fine art
multiples, including an auctioneer, or who is holding himself or herself out
as having such knowledge or skill.
It is a balancing act in that we want to make as much money while we can and
wanting to establish ourselves as artists with integrity when it come to our
collectors. There is a difference between those that are buying artwork
because they want something for the wall or the new condo vs those who are
truly searching for unique artwork and will follow your career as an artist
and will pay to have that one unique or rare image.
--
Sálongo Lee
Sálongo's Art, LLC
http://salongosart.com
Natchez Studio: 601.620.0569
SF Bay Area: 510.863.4ART
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