IP overseas.

Lau2976

I hope this is the right place to post this.

If an artist creates a piece and it is resold under a different name overseas what can be done?

Thanks for the help in advance!

Peregrinus

When you say "resold", that suggests that the piece has already been sold at least once. Presumably it was sold the first time by the artist.

Much depends on the terms of the first sale. But, typically, if the piece is, say, a painting and the artist sells it, the artist has no further interest in it. The buyer is free to resell it whenever he likes, at home or overseas.

Lau2976

Peregrinus wrote: »

When you say "resold", that suggests that the piece has already been sold at least once. Presumably it was sold the first time by the artist.

Much depends on the terms of the first sale. But, typically, if the piece is, say, a painting and the artist sells it, the artist has no further interest in it. The buyer is free to resell it whenever he likes, at home or overseas.

Yes it was sold by the artist but resold under the pretence that it was created by a different artist (signature was removed and a new one placed on the back)

my friend

Why are you referring to IP in the thread title? if you are using IP as in 'intellectual property' you are misguided

If you sold artwork no IP applies, as an artist you should also be aware that what the 're-signer' is carrying out can in itself be classified as art

Peregrinus

Lau2976 wrote: »

Yes it was sold by the artist but resold under the pretence that it was created by a different artist (signature was removed and a new one placed on the back)

Well, the buyer in the second sale has a complaint, obviously; he's been defrauded. The artist may justifiably feel disrespected, but I don't think he necessarily has a legal claim. The owner of the painting is free to destroy it completely if he wants, and overpainting a part of it seems minor compared to that.

Depending on the facts, it might be possible to bring a successful action for passing off. Passing off is a civil wrong in which you represent the work of A as being the work of B, with resultant damage to the goodwill of A. It usually arises in the opposite of the circumstances that you have here; I make a batch of fizzy brown sugared water in my garage and sell it as "Coca-Cola". Coca-Cola sues me on the basis that the association of this second-rate product with their name will damage the goodwill associated with their name.

In this case your complaint is that a genuine Lau2976 is being passed off as the work of some other painter, who may well be fictional. This is sometimes called "reverse passing off". `To succeed in this action you'd have to show (a) that you have valuable commercial goodwill in your standing as a painter, and (b) that the sale of your painting under another name damages that goodwill. This would require some unusual facts - the more so since the painting has been sold abroad, so you have to show that the sale in another country damages your goodwill.

Lau2976

Peregrinus wrote: »

Well, the buyer in the second sale has a complaint, obviously; he's been defrauded. The artist may justifiably feel disrespected, but I don't think he necessarily has a legal claim. The owner of the painting is free to destroy it completely if he wants, and overpainting a part of it seems minor compared to that.

Depending on the facts, it might be possible to bring a successful action for passing off. Passing off is a civil wrong in which you represent the work of A as being the work of B, with resultant damage to the goodwill of A. It usually arises in the opposite of the circumstances that you have here; I make a batch of fizzy brown sugared water in my garage and sell it as "Coca-Cola". Coca-Cola sues me on the basis that the association of this second-rate product with their name will damage the goodwill associated with their name.

In this case your complaint is that a genuine Lau2976 is being passed off as the work of some other painter, who may well be fictional. This is sometimes called "reverse passing off". `To succeed in this action you'd have to show (a) that you have valuable commercial goodwill in your standing as a painter, and (b) that the sale of your painting under another name damages that goodwill. This would require some unusual facts - the more so since the painting has been sold abroad, so you have to show that the sale in another country damages your goodwill.

The main issue is that it has called into question my originality with a studio I was supposed to do a show for. The piece, which is not part of the collection but similar, has emerged and I have been contacted by the studio because they have concerns that the traits the chose my work for we're being produced originally by an American artist, who bought the piece and rebranded it as there own.

Peregrinus

OK, you probably have an action, since the forging of the painting has obviously damaged your goodwill by calling your originality into question, and so putting an obstacle in the way of you mounting or participating in an exhibition in this studio.

But a possible problem is that your action lies in the place where the picture was resold under a forged name. It will be expensive to pursue, and there is a possibility that the law in that place is to a different effect.

Lau2976

Peregrinus wrote: »

OK, you probably have an action, since the forging of the painting has obviously damaged your goodwill by calling your originality into question, and so putting an obstacle in the way of you mounting or participating in an exhibition in this studio.

But a possible problem is that your action lies in the place where the picture was resold under a forged name. It will be expensive to pursue, and there is a possibility that the law in that place is to a different effect.

Thanks I'll try to resolve the issue with the studio before weighing up the financial cost against gain if pursuing the forger.

Carawaystick

If the reselling happened in the eu, there may be a droit de suite resale right.

Lau2976

Carawaystick wrote: »

If the reselling happened in the eu, there may be a droit de suite resale right.

It did. I sold it in London, where it was bought, changed and sold to someone in the states

Happdog

Seems to be two questions here one dealing with resale rights and the other dealing with a change of authorship for whatever reason, maybe to frustrate any liability under resale. IVARO.ie (The Irish Visual Artists Rights Organisation) may be worth talking too. How do you know about the sale and that the work is being purported to be by a different artist?

Victor

This may be an attempt to frustrate droit de suite.

Peregrinus wrote: »

Depending on the facts, it might be possible to bring a successful action for passing off.

What about plagiarism / copyright?

Happdog

The resale right (droit de suite) only applies for sales over €3000 and also the reseller has to be sold by a gallery, auction house or art dealer.

I think that this was sold to another indivdual who is passing of the work as their own, at least thats my understaning from post #6. Not to be rude but do you know the resale value?

Lau2976

The resell was for over 4000 (A hell of a lot more then I sold it for!) I sold it when I was about 17 and thought nothing of it until the issue arose recently. The gallery has agreed to continue with the show on the basis that the piece is mine and I can provide proof (which I can). TBH I'm not that worried anymore, its pretty sh*te of anybody to claim somebodies work as their own but it happens. The person in question is blacklisted from most publications because its widely known what he does.