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liability for pots on display:potters and artists get the shaft as

updated sun 17 mar 02


Craig Clark on fri 15 mar 02


Sheron, this is a topic that makes my blood boil. I do not see any type
of soluiton to it until potters, artisans, artists, or whatever the creative
folks making the work want to refer to themselves as decide that enough is
enough and refuse to exhibit without a contract that holds the retail entity
liable for damage, theft or breakage.
I know people, myself included, who have been screwed over by a wide
array of galleries. It's not that they do not care or that they do anything
with mallice of forethought. It's just that excrement occurs and you have
boards, primarily composed of non-artists, that decide that the artists will
have to absorb the costs in case of a problem. Basically it's tough luck on
us. We're not lawyers, most of us don't have a lot of diposable income with
which to hire said lawyers, and are often inclined to let it slide rather
than going through all the hassles involved in legal battles. Especially
when many thousands of dollars are not involved.
A solution is not to use galleries, or to use them as minimally as
possible. Set up an outlet at your studio or do the show circuit. Atleast if
something is broken that way you are there and have a chance of getting the
money from the guilty party.
In the case of the refund for the art directors, did you say wife, and
you not getting a dime I say scream to the high heavens about it. Make as
much noise as is possible. ClayArt is a great place to start. What is the
name and e-mail of the gallery? I'll be happy to respond and tell them what
I think.
Craig Dunn Clark
619 East 11 1/2 st
Houston, Texas 77008

----- Original Message -----
From: "Sheron Roberts"
Sent: Thursday, March 14, 2002 6:16 PM
Subject: Liability for Pots on Display

This is what we are working on now, a contract. So far it covers the gift
shop's anatomy from stem to stern, but offers nothing for the artist. Other
than a place to display their work. If they get juried in. I am trying to
research what is fair for all parties involved based on info gleaned from
galleries/gift shops/co-ops/guilds. This is taking some time and the
committee is pushing to finish the contract. Their solution is that the
artist will absorb the cost of any stolen or damaged work. One of my
pastels was splashed with wine at the grand opening. The wine seeped up
under the glass and ruined the mat. This was a 70.00 framing job. They
offered to replace the mat since this happened at the grand opening
reception. Later, when they were open for regular business, a stained glass
piece that was hung with a suction cup to the gallery door fell and broke.
They offered to reimburse that artist. That is why I do not understand why
they don't reimburse the potter whose work was lost when the shelf
collapsed. (side note: the stained glass artist is mother in law to the art
center director).
A sculpture made by my daughter was returned by the purchaser with a small
piece broken off. The piece was on the surface of the sculpture, not
sticking out. We cannot figure out how it was broken. The customer claimed
the person who sold it to her and wrapped it, broke it while wrapping.
Money was refunded to the customer. My daughter had to take the loss. All
these pieces were placed in the shop for the grand opening/Christmas sale.
The percentages are not to bad. If you are not a member of the Arts Council
the cut is 60/40, if you are a member but will not gallery sit, it is 70/30,
if you are a member and gallery sit for one day each month, the cut is
80/20. I gallery sit. :)
Or keep shop, would be more like it. Oh, they have decided to hang an "All
Sales Final" sign near the register.
So if anyone has any thing to offer in the line of suggestions, especially
on the issue of insurance, I would be ever so grateful. I have researched
the Clay Art archives, extensively. I have read almost all post since 1996,
on the subjects of gallerys, insurance and co-ops.
Sheron in NC (with very tired eyes)

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