Stealing Art Inquiry!

[Afrika]

Greetings,
 
I was just informed a few minutes ago that one of my paintings that is currently on display in a restaurant located in Adams Morgan, Washington, DC has been stolen. It is a small painting. I want to find out how I should handle this matter.
 
I have written the person that set up the exhibit to find out if he will be paying for the loss of the painting. The person told me that they are not responsible for any losses or damages. I gave them the contract agreement and asked if they had any questions. I wish I knew this bit of information before I exhibited.

I hate the fact that folks steal, and most importantly something as valuable as art.
 
This is the first time someone has stolen my art. I would like to handle this matter as quickly as possible.
 
Also I think since someone has stolen my art, I would be more cautious from this point on not to exhibit my art in alternative or public spaces unless it is a gallery.

Since this happened, should I end the exhibit on Saturday or keep it as planned? Please let me know ASAP!!

Thanks
 
Cordially,
Afrika Midnight Asha Abney
Abstract Expressionist
http://aashawarrior.artistportfolio.net/index.php?secret=140&artist_id=4513
Aashawarrior@aol.com

[Jesse]

Nightmares.  Sounds like time to file a police report and contact your renters or home owners insurance to see if they cover personal property.  The down side is most insurance companies I've talked to will not cover fair market value for the art that the artist creates.  If someone who owned your work had loaned it to the show, that might be another story I imagine. 

As far as taking down the show?  That depends on whom you are most upset at, the curator, or the thief.  This is one reason why I've been afraid of shows at non-gallery spaces, it's hard to control the foot traffic.  On a practical note, did you ask if they had any video surveillance?  Many clubs, bars, restaurants might.

[Afrika]

Greetings,

Unfortunately Jesse no one knows actually when it happened or who did it. I upset with the contact person not informing me properly and the thief. I am thinking of ending the show on Thursday.

Afrika Abney

[Jesse]

I imagine as your finding out, that's the difference between an alternative space and a gallery.  At the gallery, there usually should be much greater attention to what's on the wall and when.  We all have to start some where, and it just sucks that people would do that.  Maybe you can at least get some press out of it.  I'd contact the DCist and see if they'd post an article saying, "have you seen this work?"  Offer a reward.  Maybe state a no questions asked policy.  Ask the crooks just to return it to the space....  I'd imagine the DCist would be very receptive to a personal close to home story like this.

[ssylvester]

I've just started the process to insure my art under a "valuable personal property" insurance plan. Unfortunately, I don't think the homeowners/renters will over your work because 1) they just don't usually cover art and 2) because the work was not stolen from your home. I'm finding this process very frustrating because the insurance companies do not want to insure art based on the value you think appropriate. I told them I based my coverage on the retail price, which was derived from market research, but they want me to have each work formally appraised--and they also freaked out when I said I'd be transporting the works frequently to shows or sales.
If anyone can recommend a company with a policy that understands the needs of artists, please post!

--Also, be sure to fine-tooth comb any contract you sign! There's another recent post on artdc warning of a WETA contract that waives significant copyright ownership. Most cafes, etc that offer show contracts will ask you to insure works on your own and indemnify the establishment for pretty much everything that could potentially go wrong. Be sure the contract isn't one-sided--you need protection in there too.

[Jesse]

Yeah, just like with taxes you don't get FMV, though there were rumors of possible changes.  Last year all you could deduct for charitable gifts of your work was the cost of the supplies. 

[scenicartisan]

Afrika,

I'm really sorry to read about the theft. 


sean.

[Afrika]

Greetings,

Thank you everyone for your words. It is okay. I look at this way at least they did not still the larger pieces nor the framed works. No one can not steal the gift that is rooted within.

All is well.

Cordially,
Afrika Midnight Asha Abney

[Erin Antognoli]

yeah, that's awful that someone would do that.  aside from the fact that stealing is wrong, it's not like this is some mass produced thing - it's an orginal piece of art.  between this and the flashpoint incident, it's just a sucky thing for an artist to have to go through this type of thing.

hopefully it's being given a good home, if nothing else...

[StarvingArtistDC]

"The person told me that they are not responsible for any losses or damages. I gave them the contract agreement and asked if they had any questions."

What contract agreement?
Is this your document or theirs?
What does it say?



The legal aspects of this business, and we must treat it like a business, are often overlooked by most artists. There are several simple (mostly boiler plate) legal documents that we all need to be aware of.

When showing in a gallery, the entry form often serves as the Exhibition Agreement. It usually states that the art, while in the gallery, will be covered by the gallery's insurance for either the full value or a percentage of that value.

Most alternative spaces don't offer this agreement. I have one that I use when I approach or am approached by an alternative space. It has a clause in it regarding theft:

Responsibility for Loss or Damage, Insurance Coverage. The _______ shall be responsible for the safekeeping of all consigned Artworks while they are in its custody. The ______ shall be strictly liable to the Artist for their loss or damage (except for damage resulting from flaws inherent in the Artworks), to the full amount the Artist would have received from ________ if the Artworks had been sold. _________ shall provide the Artist with all relevant information about its insurance coverage for the Artworks if the Artist requests this information.

Some alternative spaces will sign it ..some won't. If they won't, its my responsibilty to decide wether or not to show in the space unprotected. Most often, I accept the risk and exhibit.
I have had pieces stolen before but I knew what I was getting into. On the occasions when this did happen, I had photos of the work and went back and recreated it.

Some say that theft is the highest form of flattery. I don't ..but some do.

Please ..all artists ..read up on the legal forms that you need to do your business. Just as you must file forms to copyright, you must familiarize yourself with exhibition paperwoork.

[angelakleis]

I'm sorry I didn't see this post before today.

Afrika, were you able to resolve this?  How did they handle it?

It really sucks to have your belongings taken.  Once, I was in an accident and forgot that my camera was in the trunk of my car.  It hadn't worked in awhile, and the shutter was broken.  To replace it cost more than the camera, itself.  Needless to say, while my car was in the shop, someone broke in a took the camera and a lens.  It did make me feel a little better that the camera was f'd up, but I was still upset. 

[RArt3]

Wow, that's horrible!  I can't believe that someone would do something like that.  I think you should keep your show up until the end of your agreement.  I doubt that another piece will go missing, and you dont' want to burn bridges (even if you never show there again).

Again, I'm so sorry for your loss.  Here's what I think of the theif:

[Jesse]

Afrika,

Was there ever any other resolution in your situation? It seems another artist has expereinced theft from another alternative venue.  You can read about it here:  http://artdc.org/forum/index.php?topic=4378.0 

[Afrika]

Greetings,

I was told to remove my art. That was the only resolution.

I caution everyone not to exhibit at places where your art is not safe or the venue does not guarantee loss or damages of the art.

Thanks for asking.

Cordially,
Afrika Midnight Asha Abney

Happy New Year

[Jesse]

That's really to bad.  They should take some sort of responsibility.  It does make a comment to the level that some alternative venues value the work.  To many it ends up wall paper and not a valued expereince.  I've had work damaged at a restaraunt before so I can relate. 

All we can do is learn from a bad expereince and shoot higher for the future.

[Lenny]

My regrets that your art has been stolen... it has happened to me as well in the past.

First of all... stealing is a crime... so for someone to commit a crime over a work of art speaks something about how much they liked that art! Take a small breath of pride in knowing that your artwork caused a person to risk getting caught and possibly going to jail.

Now for the legal issues: Unless you have a signed contract with them (or any other exhibition venue) where it says that they are responsible in the event of damage or loss, then you are out one piece of artwork. Warning: this can also happen in a regular art gallery - in fact most DC area art galleries do not have insurance, as art insurance is quite pricey.

You can also get (privately) what is called "event insurance" which insures your stuff just for that exhibition or event... there are several companies that advertise for event insurance in SUNSHINE ARTIST magazine...

Warm regards,

Lenny

[Afrika]

Greetings,

Thanks everyone for your concern regardin my incident. I have learned from this and am not exhibiting my artwork at any alternative space. I just use that incident as a lesson learned.

Peace and Blessings,
Afrika Midnight Asha Abney

[Ottoman42]

I feel this has already been resolved. But I'll comment all the same. I agree with those who talked about the parts in your contract that cover theft. You wanted to know about before hand and I image you probably did, but did not realize it. In the contract it should spell it out if it doesn't ask them to add one no matter which way it goes.