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July 10th, 2014

PDN Video: Mary Virginia Swanson on Selling Prints to Corporations

Mary Virginia Swanson on Selling Prints to Corporations from PDNOnline on Vimeo.

The corporate market for fine art prints has expanded on two fronts, says art photography consultant Mary Virginia Swanson. Corporations and corporate art consultants are both big purchasers of art, including photographic prints, for the walls of hotels, healthcare facilities, office buildings, and other business settings. In this video, Swanson explains the markets, and offers advice about how to tap into them, and price your prints for corporate buyers.

Related:
What to Expect from the Photographer/Gallery Relationship
Mary Virginia Swanson: How to Get the Most Out of a Portfolio Review
What Collectors Want (for PDN subscribers)

May 13th, 2014

Collector Sues Chicago Gallery for Damaging 54 of His Vivian Maier Prints

A photo collector who bought part of the Vivian Maier photo trove when Maier’s storage locker was auctioned off in 2007 has sued a Chicago gallery, Corbett vs. Dempsey, for damaging 54 images during a 2012 exhibition of the work, according to a report today in the Chicago Reader.

Vivian Maier, who was unknown as a photographer when she died in 2009, has since been promoted to stardom by the PR machine of collectors John Maloof and Jeffrey Goldstein. They bought the lion’s share of Maier’s negatives and prints at the 2007 auction and are not involved in the claim against Corbett vs. Dempsey.

The collector suing the gallery is Ron Slattery, who bought several thousand of Maier’s negatives and several thousand prints when her storage locker was auctioned. According to the Chicago Reader report, Slattery provided 56 of the prints to Corbett vs. Dempsey for an exhibition and sale that ran from June through December, 2012.

Two of the prints sold. The gallery returned the other 54 prints in damaged condition, Slattery claims. He alleges that the gallery used too much hinge glue to mount the photographs, and it soaked through the print paper, “severely distorting the images.”

Slattery’s claim also that the damage was “exacerbated” by exposure of the prints to “excessive heat,” and he alleges the gallery tried to cover up the damage, according to the Chicago Reader report.

The gallery says it admitted the damage to Slattery upon return of the images, and claims have made “multiple” offers to settle the claim for $8,700–the cost of repairs estimated by a restorer consulted by the gallery.

Slattery is seeking $200,000 in actual damages to the photographs, plus $2 million in punitive damages.

April 29th, 2014

Mark Ruwedel Wins 2014 Scotiabank Photography Award

"Tonopah and Tidewater #25," 2002. ©Mark Ruwedel, Courtesy Yossi Milo Gallery, New York.

Tonopah and Tidewater #25, 2002. ©Mark Ruwedel, Courtesy Yossi Milo Gallery, New York.

Landscape photographer Mark Ruwedel is the winner of the 2014 Scotiabank Photography Award, the bank announced this evening at an awards ceremony in Toronto.

In addition to receiving a $50,000 cash prize, Ruwedel will have a book of his work published by Steidl, and will have an exhibition at Ryerson Image Centre, Ryerson University, in Toronto.

“I’ve followed the development of Mark Ruwedel’s work with keen interest for over thirty years,” Edward Burtynsky, co-founder of the award and chair of the jury, said in a prepared statement. “He is a master of seeing and printing and has inspired countless landscape photographers.”

The two other finalist for the prize were Rodney Graham, a conceptual artist working in a variety of media including photography; and documentary photographer Donald Weber, who was one of the PDN‘s 30 in 2008.

The Scotiabank Photography Award was established four years ago to honor the work of contemporary Canadian photographers. Previous winners include Stan Douglas, Arnaud Maggs and Lynne Cohen.

This year’s finalists were selected by a three-member jury that included Robert Bean, an artist, writer and photography professor; Catherine Bédard, an art historian and Deputy-Director of the Canadian Cultural Centre; and Ann Thomas, Curator, Photographs Collection, at the National Gallery of Canada.

April 29th, 2014

ICP Celebrates Infinity Award Winners (Recap and Video Links)

Last night the International Center of Photography honored photographers working in photojournalism, fine-art and fashion at the 30th annual Infinity Awards. The awards were inaugurated in 1985 as a way to recognize outstanding achievements by photographers working in various genres within the medium.

It was the first Infinity Awards ceremony for new ICP director Mark Lubell, who promised the crowd that the organization would remain at the “center of the conversation” about the medium. Perhaps as a way to illustrate that point, ICP arranged for a drone to photograph partygoers during the cocktail hour, then put those photographs on-screen at the beginning of the ceremony.

The Cornell Capa Lifetime Achievement Award was given to German-born photographer Jürgen Schadeberg, who as an expatriate in South Africa during Apartheid, made some of the most famous images of Nelson Mandela, and encouraged black South African journalists to pick up cameras and tell their stories.

James Welling was honored for his contribution to fine-art photography; Steven Klein for fashion; Stephanie Sinclair and Jessica Dimmock were honored for photojournalism; Adam Broomberg and Oliver Chanarin were honored for their publication Holy Bible; and Samuel A. James received the Young Photographer award.

Sinclair and Dimmock received a standing ovation from the crowd for their work documenting the practice of child marriage and its effects on adolescent girls, their families and their communities. The project, “Too Young To Wed,” is a decade-long pursuit for Sinclair that has spawned a non-profit that she hopes will help young girls and communities do away with the practice of child marriage.

Samuel A. James, who in his young career has worked extensively in Nigeria documenting the impact of oil extraction on the culture—including photographing the illegal tapping of oil pipelines and makeshift refining operations by impoverished Nigerians—thanked the Nigerians who “gifted me these stories” during a short acceptance speech. James also dedicated the award to a friend who was killed in an explosion while attempting to refine black-market crude oil.

In accepting the Publication award for their book Holy Bible, for which they combined the King James Bible with images from the Archive of Modern Conflict, Broomberg and Chanarin called the book their “attempt to somehow illustrate this text,” and said they hoped it would be an invitation to others to make their own attempts. They also paid tribute to their publisher, Michael Mack for his production of the book, and to the Queen of England, who owns the copyright to the King James Bible.

In a slightly incongruous presentation, pop star Brooke Candy spoke about Steven Klein and introduced a high-octane video that reviewed much of Klein’s work. The fashion photographer briefly thanked the crowd after noting that, “photography pretty much saved my life.”

MediaStorm produced short documentary films about all of the recipients except Klein. Watch those films on the MediaStorm site here.

Related: Tour de Force: James Welling’s Artistic Versatility
Best Photo Books of 2013

April 24th, 2014

Exhibition in Bangladesh Remembers Garment Workers Who Died Tragically

lives-not-numbers-pulse

Photo © Taslima Akhter

A group exhibition currently open through the end of this week at the Pathshala South Asian Media Institute remembers the 1,134 garment workers who died on April 24, 2013 when Rana Plaza collapsed after years of neglect. The show, “1134—Lives Not Numbers,” was curated by Mahbubur Rahman and Munem Wasif, and includes contributions by photographers, performance artists, actors and others.

“Through the photographs of the needless deaths, through performance art reflecting the sorrow of the deprived, [the exhibition] attempts to leave a lasting mark on our collective psyche,” writes Pathshala founder Shahidul Alam about the exhibition.

The effort reminds us that our own understanding of this event has been heightened by the work of photographers like Taslima Akhter, whose photo of bodies in the rubble became famous around the world, and Abir Abdullah, whose project, “Deathtrap,” on the ongoing dangers of the garment factories in which millions of Bangladeshis work, won an Alexia Foundation grant.

Visit Alam’s blog to read more about this exhibition and check out a schedule of events.

April 10th, 2014

SFMOMA Announces Plan To Open Biggest Photo Center In US

The San Francisco Museum of Modern Art (SFMOMA) has announced that it will open a 15,500-square-foot space dedicated to photography as part of the renovation that has closed the museum until 2016.

Dubbed the Pritzker Center after lead donors John and Lisa Pritzker, the new photography facility will include an 11,000-square-foot exhibition space that will be the largest in the country permanently devoted to the display of photography, according to a statement released by SFMOMA. The facility will also include a new photographic study center and “an innovative interpretive space that will be the first of its kind in the country.” The upgrade to the museum’s photography department will also include a new curatorial position.

SFMOMA has also announced that more than 1,000 photographs have been added or pledged to their permanent collection by a group of San Francisco-based collectors led by David Mahoney and Winn Ellis.

“The new center, together with the gifts to our collection, represent a transformative development for our photography program and for the entire museum,” SFMOMA Director Neal Benezra said.

Read more about SFMOMA’s plans here.

April 2nd, 2014

Alexia Foundation, Open Society Calling for Submissions

The Alexia Foundation and the Open Society Foundations separately announced calls for submissions from photographers yesterday.

The Alexia Foundation issued a call for entries for its 2014 Women’s Initiative Grant, which will provide a $25,000 grant for the production of a project “on a significant issue involving and affecting women,” the foundation said in its announcement.

“Unlike the first Women’s Initiative grant, which specifically focused on abuse of women in the United States, this call for entries is intended to permit the photographer to propose a serious documentary photographic or multimedia project encompassing any issue involving women anywhere in the world,” the foundation says.

The deadline for grant applications is June 30, 2014. More details are available at the Alexia Foundation website.

Meanwhile, The Open Society Documentary Photography Project is calling for photo projects for an upcoming group exhibition on surveillance. The exhibition will include the work of five or six photographers, according to Open Society Foundations (OSF).

The deadline for applications is May 1, 2014.

“We are seeking photo-based projects that explore surveillance-related issues from a variety of perspectives. We encourage applicants to interpret the theme broadly,” OSF said in the announcement.

Called Moving Walls 22: Watching You, Watching Me: Photography in an Age of Surveillance, the exhibition is scheduled to run from October 29, 2014, to May 2015 at Open Society Foundations–New York. See the OSF website for complete application information.

March 28th, 2014

Court Reminds Michael Kenna: Copyright Protects Expression, Not Ideas

A ruling in a copyright infringement case involving photographer Michael Kenna has affirmed the principle that copyright does not protect ideas (or choice of subject matter). It protects only the expression of an idea.

That’s true under copyright law in the US, as well as in Korea, where a gallery representing Kenna sued Korea Air on Kenna’s behalf, according to a report in The Korea Times. The claim was that a photograph of South Korea’s Seok Island that appeared in ads around 2010 for Korea Air copied an image that Kenna shot of that island in 2007.

The Korea Times says that in rejecting the copyright claim, the court said: “When the subject is identical, it is the matter of preference of a photographer in deciding when, where and how to shoot. They are just two different ideas which can’t be protected by copyright law.”

The newspaper noted that the Korea Air photo was in color, while Kenna’s image was in black and white. Regarding the similarities in composition in both photos, a photographer quoted in the Korean Times article notes that there are few vantage points from which the islands can be photographed.

Related:
Infringement Claim Fails Because Law Protects Expression, Not Ideas
In Court, Copycats Prove Elusive (subscription required)

March 19th, 2014

Richard Prince Settles with Photographer Patrick Cariou

One of Patrick Cariou's photographs, altered by Richard Prince

A fair use alteration of one of Patrick Cariou’s photographs, by Richard Prince.

Artist Richard Prince has paid an undisclosed sum of money to photographer Patrick Cariou to tie up the loose ends of their five-year copyright battle, The New York Times has reported.

Prince previously won an appeals court decision in 2013 dismissing most of Cariou’s copyright infringement claims. Cariou had alleged infringement of 30 images from his book Yes, Rasta that Prince had appropriated for a series of paintings. Most of the paintings sold through Prince’s gallery, fetching more than $10 million dollars.

The US Court of Appeals for the Second Circuit, located in New York City, ruled that 25 of Prince’s works qualified as fair use of Cariou’s photographs because Prince transformed them with “an entirely different esthetic.”

But the appeals court declined to rule on Prince’s fair use defense for the remaining five works, and sent the case back to a lower court for further consideration of Cariou’s claims surrounding those five works.

The settlement resolves Cariou’s claims related to those five works.

The lower court had originally ruled in Cariou’s favor on all of his claims, because Prince wasn’t commenting on Cariou’s photographs or otherwise referencing their original meaning in his paintings; he was simply using Cariou’s photographs as raw material.

The appeals court’s decision favoring Prince remains controversial. While many in the art community have applauded the decision, many photographers contend that it unfairly expanded the boundaries of fair use, and made their images more vulnerable to appropriation as raw material by other artists.

Related:
Supreme Court Declines to Hear Patrick Cariou’s Claim Against Richard Prince
Richard Prince Did Not Infringe Patrick Cariou’s Photos, Appeals Court Says
In Cariou v. Prince, An Appeal to Clarify a Crucial Fair Use Boundary
Appropriation Artist Richard Prince Liable for Infringement, Court Rules

March 17th, 2014

Photographers Could Get Royalties on Auction Sales Under Proposed Federal Bill

Few things are as frustrating to photographers as selling a print for a few thousand dollars–or less–then watching collectors reap huge profits by re-selling those same prints at auction years later for tens of thousands of dollars–or even more.

Two US Senators and a US Congressional representative have introduced a bill to cut visual artists in on that action with a 5 percent royalty on the price of visual works re-sold at auction. If it becomes law, the bill would apply only to works sold by auction houses–not by private individuals or dealers–and only when the auction price of a work exceeds $5,000, according to a report on the Art Law blog of Frankfurt, Kurnit, Klein & Selz (FKK&S), a New York law firm.

The auction royalty would be capped in 2014 at $35,000 for each sale. The cap would be subject to an inflation adjustment every year after that, according to the FKK&S report.  Auction houses would be obligated to collect the so-called auction royalty, and subject to civil claims from artists if they fail to collect and pay the royalty.

The bill, called the American Royalties Too Act (ART Act), was introduced last month in the Senate by Tammy Baldwin (D-WI) and Ed Markey (D-MA), and in the House by Congressman Jerrold Nadler (D-NY).

“American artists are being treated unfairly,” said Nadler in a prepared statement. “The benefits derived from the appreciation in the price of a visual artists’ work typically accrues to collectors, auction houses, and galleries, not to the artist.”

He noted that visual artists in 70 other countries are compensated when their works are re-sold at auction.

Unable to collect royalties from the re-sale of existing prints that have increased significantly in value, US photographers sometimes respond by issuing new limited editions of their prints–in different sizes or using different printing processes from earlier editions.

That practice angers collectors. For instance, William Eggleston created limited-edition digital inkjet pigment prints of some of his most iconic images, and earned $5.9 million by selling them at a Christie’s auction in March, 2012. He was promptly sued by financier Jonathan Sobel, a long-time collector of Eggleston’s vintage dye-transfer prints. Sobel alleged that the new prints devalued Sobel’s dye transfer prints and amounted to a breach of contract on Eggleston’s part.

Sobel eventually lost the legal fight, although he had the sympathy of dealers and gallerists who worry that photographers could harm their reputations and the market for photographic prints if they anger collectors by issuing new editions.

The ART Act, if it becomes law, could help reduce incentive to issue new editions by giving photographers another way to profit from the dramatic rise in the value of their work.

But success of the bill is by no means assured.

Nadler introduced a similar bill in 2011 that died in committee. The US Copyright Office, which was opposed at the time to instituting resale royalties for visual artists, has since changed its position on the matter, according to the FKK&S report. But collectors and auction houses are certain to object to paying royalties to artists. And the ART Act seeks to change a long-entrenched principle of copyright law called the First Sale doctrine, which  allows buyers of copyrighted works to do with them as they please, with no obligation to the artists who made them.

Related:
Collector Sues Eggleston Over New Prints of Limited Edition Works

Q&A: Art Collector Jonathan Sobel Explains His Beef with William Eggleston

What Does Limited Edition Really Mean? (subscription required)