HELP! Paintings damaged at exhibition :(

teacat · Joined: 06 Oct 2006 Posts: 114 Location: Melbourne

Hi all - thanks for that - I have calmed down a little and will talk to my peak art body here in Victoria - Regional Arts Victoria - as soon as I am more calm LOL. The trouble with having psychiatric disabilities is I have to WAIT until I am calm LOL!
I had the feeling by offering me the miniscule compensation they are that they are admitting some liability... I will also talk to my lawyer (my sisters husband LOL) and see where I stand.
I am still appalled and disgusted but I am so very grateful to you all for your support and your assistance and your ideas-
THANK YOU SO MUCH!
xoxox
Marg

Stefan Maguran

What is the value of the painting and how was the value determined?

teacat · Joined: 06 Oct 2006 Posts: 114 Location: Melbourne

Stefan, the painting went into the exhibition at the price of $650 and the so-called valuer LOOKED AT A PHOTO and determined that (a) it could be restored and (b) it would cost $200 to do so...

Boris01 · Joined: 18 Jun 2008 Posts: 228 Location: Western Australia

I wonder how much they paid the "proffessional independant art restorer" ( if he / she even exists ) to get their opinion

ask them for the name of the place they got the quote from to restore it ( I thought councils usually had to get three seperate quotes from three seperate sources ), so you can

a) hopefully catch them out that it was made up to try fool you into accepting 100 bucks

b) go and see the restorer yourself and get a REAL price off them ( or atleast shoot them down cause theyve got no idea what theyre talking about )

That letter is such an insult , but it looks as if theyve inadvertantly accepted responsibility - KEEP THAT LETTER ! DONT THROW IT OUT

Are there any other artists that had their work damaged ? It'd help if there was and you could team up with em to fight this

teacat · Joined: 06 Oct 2006 Posts: 114 Location: Melbourne

Hi all - quick update...
Rang RAV today - no good.
Rang insurer (mine for pub liability) - no good.
Basically told to accept the $100 and let it go.
However, RAV want to know all about these waivers we all have to sign when exhibiting etc. and then they are going to discuss the issue we all face. Apparently they werent aware of this.
so I will keep you all informed.

Now.. what do you think I should do?
xoxox
Marg

thecatsgrin · Joined: 18 Apr 2009 Posts: 2181 Location: Gippsland

Contact Consumer affairs aswell, while they may not be able to directly help, they may be able to put you in touch with a relevant body.
The other alternative is to contact one of the news programs that like to highlight the plight of normal citizens trying to make a go of life!!

greenfrog · Joined: 10 Feb 2006 Posts: 795 Location: Fairfield

How did you go with VCAT?

Tango · Joined: 06 Mar 2006 Posts: 1360 Location: Melbourne

Greenfrog I don't think teacat has spoken to VCAT yet , but it would have been my first choice. http://www.vcat.vic.gov.au/CA256DBB0022825D/page/Civil+Disputes-Small+Claims?OpenDocument&1=45-Civil+Disputes-Small+Claims~&2=~&3=~

teacat · Joined: 06 Oct 2006 Posts: 114 Location: Melbourne

sorry - my son turned 18 this week and there was a lot to do LOL!

tango - i will approach vcat - thank you

have been totally unsure of what direction to take with this - my first impulse is to just roll over and take the $100 offer, but I am really incensed by the insult... so am sitting on the fence, just deciding which way to jump

Very Happy

eejot · Joined: 19 Dec 2006 Posts: 150 Location: South Korea

I had a piece damaged at a show a few months ago. There's a wire collage attached to the canvas and someone had tried to unsuccessfully take that as a momento... so it was mangled and half detached but repairable.

I saw the curator in a bit of a mood and told them I was taking the piece down to attempt to repair it before it got irrepairable as it happened 2 days into a 3 week show. They tried telling me to fix it in situ because of the hassles for them in re-hanging the exhibition to fill the space left by that canvas...

(this was in WA btw)

Stefan Maguran

That is a very unrecommended course of action - you could be charged with damage to property, you will be branded as a difficult person to deal with and it's such a small world.
I don't believe all accidents can be prevented - the Musee d'Orsay had work damaged just recently.
There are strange and dangerous people everywhere, including in galleries and the organisers have limited means to deal with all.
Fact is you need shows to present your work and people organising the shows should be commended for doing so.
To go back to the original post, if the value of the damage has been independently assessed, there should be no problem to claim that on insurance.
In this particular case, the independent assessment may cost more than the value of the painting, so I would suggest negotiation with the council would be a better option.

teacat · Joined: 06 Oct 2006 Posts: 114 Location: Melbourne

thank you all for you support and advice.
i am just giving in
i havent got the energy to deal with the council or the money to argue...
why bother?
gonna get shafted no matter which way I turn
so forget it
i let them win

Boris01 · Joined: 18 Jun 2008 Posts: 228 Location: Western Australia

and that there is exactly why they'll keep doing it , keep getting away with it , and keep having the same attitude

thecatsgrin · Joined: 18 Apr 2009 Posts: 2181 Location: Gippsland

teacat · Joined: 06 Oct 2006 Posts: 114 Location: Melbourne

I emailed them an invoice for $100. I thought about the alternatives and they were going to involve more money (I don't have any anyway LOL) and a lot of angst and anger and nastiness to go thru - I don't need that in my life right now - am having a hard enough time trying to stay this side of sane LOL! So, hollow victory for them, because in all of this there has come the realisation that, as artists, we have hold of the pointy end of the stick

and yet, everyone makes money out of us - whether we sell or not.

So I will (when I get motivated again) approach RAV and NAVA and outline our grievances as far as this insurance liability issue is concerned - its time that we, as artists, were attributed a little more respect and value.

Thank you all SO MUCH! I appreciate you all for all your input into this:)
xoxox
Marg