Victory for artist Marc-André Fortier over Galerie St-Dizier
HISTORIC RULING
Source: Christian Bédard Regroupement des artistes en arts visuels du Québec (RAAV)
The Quebec Court of Appeal decides in favour of the artist and confirms the lower court’s ruling.
Montreal, Tuesday, February 19, 2008 — In a highly anticipated ruling by the Quebec Court of Appeal in the case of Marc-André Jacques Fortier v. Gestion B. Brisson et Associés et Brian Brisson, the three justices confirmed the main points of the ruling by Her Honour Carole Julien, of the Superior Court, made on May 16, 2006. Justices Paul-Arthur Gendreau, Jacques Delisle, and Marie-France Bich upheld the several condemnation of Gestion Brisson et Associés, doing business under the name Galerie St-Dizier, and Mr. Brian Brisson. They also confirmed the obligation for the gallery to keep separate accounting records for each artist and to supply to each artist the names of purchasers of the artist’s works “and, if applicable, their respective addresses.”
These rulings – that of the Superior Court upheld by that of the Court of Appeal – are very important since they constitute, in fact, a first and solid jurisprudence affecting an artist represented by a gallery and the Act Respecting the Professional Status of Artists in the Visual Arts, Arts and Crafts and Literature, and their Contracts with Promoters (L.R.Q. c. S-32.01). For the first time, a visual artist, Marc-André-Jacques Fortier, sculptor and member of RAAV, dared to push to the limit the defence of his rights with regard to a private gallery that neglected to sign contracts and keep appropriate accounts relative to the artist’s works. Defended by an experienced lawyer, J. L. Wolofsky, the artist was able to demonstrate definitively the effectiveness of the statute when it comes to the obligation for artists and private presenters to sign individual contracts.
The effect of these rulings will reflect on the profession as a whole, since they have confirmed the obligation for gallery owners to sign contracts and to keep clear and separate accounting records for each artist whose works they sell, as well as specifying that a gallery owner must supply upon the artist’s request information on sales, including the names and addresses of purchasers of their works.
This ruling by the Quebec Court of Appeal, handed down on February 8, 2008, concludes a nine-year epic full of plot twists and emotions, and involving heavy legal costs for both the artist and the gallery owner. It is regrettable that it took such a drawn- out saga to affirm the importance of concluding contracts, keeping appropriate accounting records, and enabling an artist to know the names and addresses of purchasers. It sends a clear message to artists and to gallery owners: when you begin your relationship, negotiate and sign correct, clear, and complete contracts in order to set out your rights and obligations and avoid eventual legal proceedings, because it is the LAW.
Incidentally, the Act is celebrating its 20th anniversary this year, and this can be seen as a wonderful birthday present.
Source: Christian Bédard Regroupement des artistes en arts visuels du Québec (RAAV)
The Quebec Court of Appeal decides in favour of the artist and confirms the lower court’s ruling.
Montreal, Tuesday, February 19, 2008 — In a highly anticipated ruling by the Quebec Court of Appeal in the case of Marc-André Jacques Fortier v. Gestion B. Brisson et Associés et Brian Brisson, the three justices confirmed the main points of the ruling by Her Honour Carole Julien, of the Superior Court, made on May 16, 2006. Justices Paul-Arthur Gendreau, Jacques Delisle, and Marie-France Bich upheld the several condemnation of Gestion Brisson et Associés, doing business under the name Galerie St-Dizier, and Mr. Brian Brisson. They also confirmed the obligation for the gallery to keep separate accounting records for each artist and to supply to each artist the names of purchasers of the artist’s works “and, if applicable, their respective addresses.”
These rulings – that of the Superior Court upheld by that of the Court of Appeal – are very important since they constitute, in fact, a first and solid jurisprudence affecting an artist represented by a gallery and the Act Respecting the Professional Status of Artists in the Visual Arts, Arts and Crafts and Literature, and their Contracts with Promoters (L.R.Q. c. S-32.01). For the first time, a visual artist, Marc-André-Jacques Fortier, sculptor and member of RAAV, dared to push to the limit the defence of his rights with regard to a private gallery that neglected to sign contracts and keep appropriate accounts relative to the artist’s works. Defended by an experienced lawyer, J. L. Wolofsky, the artist was able to demonstrate definitively the effectiveness of the statute when it comes to the obligation for artists and private presenters to sign individual contracts.
The effect of these rulings will reflect on the profession as a whole, since they have confirmed the obligation for gallery owners to sign contracts and to keep clear and separate accounting records for each artist whose works they sell, as well as specifying that a gallery owner must supply upon the artist’s request information on sales, including the names and addresses of purchasers of their works.
This ruling by the Quebec Court of Appeal, handed down on February 8, 2008, concludes a nine-year epic full of plot twists and emotions, and involving heavy legal costs for both the artist and the gallery owner. It is regrettable that it took such a drawn- out saga to affirm the importance of concluding contracts, keeping appropriate accounting records, and enabling an artist to know the names and addresses of purchasers. It sends a clear message to artists and to gallery owners: when you begin your relationship, negotiate and sign correct, clear, and complete contracts in order to set out your rights and obligations and avoid eventual legal proceedings, because it is the LAW.
Incidentally, the Act is celebrating its 20th anniversary this year, and this can be seen as a wonderful birthday present.
1 Comments:
Important to send to other artist this does concern all of us. We must be present in this matter. The lobbying must be done to help the artists... Not the gallery like how it working NOW...
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