Institutions and collectors now have a new form of Uncle Sam looking over their art transactions: royalty seekers. If you’re planning to sell works by California artists, or works created in our state, you need to know the provisions of a statute currently on the books, as it could impact your pocketbook or those of any auction house or gallery selling works on your behalf.

As the Los Angeles Times and other news outlets have recently reported, the Sam Francis Foundation and other artists or their estates are suing for repeat sale royalties under the California Resale Royalties Act. This legislation, apparently honored more in the breach than in actuality, returns a 5% royalty to artists upon profitable reselling of works at values above $1000. The California law applies to artists living in the state, estates of artists going back 20 years, and/or to sales taking place in the state.

Galleries, major auction houses, and even Ebay are being targeted in lawsuits seeking payment of royalties by well known artists such as Chuck Close, Laddie John Dill and Robert Graham Estate . Similar to “droit de suite” resale royalties laws on the books in many European countries, artists are hopeful that such suits, if successful, will lead to adoption of a national law. The royalty is based on the retail sale price of the artwork, less whatever was originally paid for the work by the current seller. So works purchased years ago and held during decades of appreciation, as often occurred with the top tier of artists, can result in some whopping assessments.

The royalty can apply even if the artist lived in California for as little as two years, and also applies to barter or exchange of works as well as outright sale. Yikes. The fine print can be found in the California Commercial Code, section 986, always our first stop for a rousing read.

Betsy Dorfman

In a service business, any service business, it’s a good thing to say yes to your customers. Yes, we can help you with that. Yes we can meet your deadline. Yes, we’d be pleased to handle this or that detail for you. Yes, we provide all the services you need. Yes, we’re friendly and helpful and, to particularize to our business, if this is your first time shipping art we will guide you though the process easel to install.

But sometimes the best thing we can say is no, or don’t.

Some examples:

An artist or gallery wants to ship a cardboard soft-packed painting overseas via air freight, as it is, without the protection of a wooden crate. In that case, we respectfully advise against it. If they insist, we politely insist back, and perhaps send them a few photos of the crates we routinely receive with footprints all over them. Or mention the percentage of crates returned to us with the shock watches triggered, suggesting the crate has been dropped or roughly handled.

Or, a potential client who is shipping a very valuable work overseas wants to declare a significantly lower value for customs purposes, sometimes far lower than the insurance coverage they have purchased on the piece. While shying away from using a hot button term like “fraud” we simply advise against it, as the undervaluation, if detected by customs, could result in seizure of the work or other unpleasantness involving financial penalties.

A favorite of our “please don’t” examples comes at holiday time. During peak travel times many airlines which normally carry packages and freight actually “bump” those cargoes in favor of carrying additional passengers. The result is often a glut of freight which can turn 2 day freight for example into 3 or 4 day freight, or worse. And “next day” becomes the next day they have room. We counsel callers during this time to add contingency days to their shipping schedule, especially where they have exhibition or other critical dates to meet. Where the time frame can’t be adjusted, we work with them to place the shipment with a specialty cargo shipper where a firm booking can be obtained in advance. Sometimes this costs more, but “costs more” is a lot better than “still sitting at the airport on the day show opened.”

Professional art handling companies like ours use their experience to guide clients to packing solutions and best carriers under a given set of circumstances. We’ve made quite a few client friends over the years by understanding when to say no and suggest an alternative. Sometimes our advice isn’t taken, and the soft-packed box shipped on December 23^rd arrives intact and on time the next day and breezes through customs without the valuation fudge being noticed. Could happen. Undoubtedly has happened, but the probabilities aren’t robust. When the object or objects are irreplaceable, we want the shipping gods and odds on our side.

So if there’s anything we can don’t for you, we’re listening.

Betsy Dorfman

On the road again...

After wildly successful outings at the Cite de la Musique in Paris and at the Montreal Museum of Fine Arts, the Miles Davis Exhibition is headed for Brazil. Scheduled to open in the next week or so, the exhibition showcases a remarkably diverse collection of musical memorabilia, scores, trumpets, synthesizers, artworks and even Miles’ personal boxing bag. Not to mention stage outfits which are quintessential Miles and as sparkling and distinctive today as ever.

FINE ART SHIPPING is pleased once again to handle loans to the show for Miles Davis Properties — nothing we like better than the chance to view these legendary artifacts and send them off to discover new and old fans around the world.

We wish the organizers, Foro Sul, all the best for a great opening. We’ll pass along updated information here as to future travels of the show and reviews of the Brazil exhibition when available. Viva Miles!

Painted crates pay tribute to Miles Davis famous "red trumpet" -- always a crowd favorite

Betsy Dorfman

Republican forces in the Iowa House have voted to compel the University of Iowa to sell the centerpiece of its art collection, a Jackson Pollock work, in order to fund scholarships for art students. This is despite opposition from many quarters and is also contrary to the wishes of the donor. Further details here : http://www.dailyiowan.com/2011/02/17/Metro/21449.html

Actually, we think this makes a lot of sense, and is a policy that could and should be applied much more broadly to balance budgets of communities and universities alike.

First, once you sell off the contents or the best contents of the university and public museums, costs will certainly decline. There will be few if any students and visitors interested in attending – major savings right there.

Second, why not extend the program to include libraries and other cultural institutions? Once emptied of pesky rare books requiring expensive climate controlled storage, library buildings could be converted to high end shopping or other approved GOP use. Museums, too. Many such institutions occupy seriously delicious real estate in major cities around the U.S. Why haven’t other lawmakers thought of this before?

Pretty much all the art anyone would want to see and all the books anyone would want to read or inspect can be accessed online, so these “bricks and mortar” buildings and their contents are passe anyway in the digital age.

To the extent that art and culture is fungible it should be funged and the proceeds spent to reduce deficits. Taxes should also be decreased for high net worth citizens, encouraging them to buy such liquidated art and artifacts and remove them to their secure gated communities. We are sure they will gladly make these treasures available for viewing by any art or other students who might happen by. If that isn’t a win/win what is?

Betsy Dorfman

A longtime friend of FINE ART SHIPPING, Stephen Kanner is remembered at the institution he helped found and fund, the Architecture and Design Museum of Los Angeles. An inclusive retrospective showcases the combination of both classical and very modern sensibilities that were the hallmark of his work. A third generation architect, Stephen took the family firm, Kanner Architects, in new directions and won any number of distinguished awards and prizes for these efforts. The show currently up at “A plus D” also includes family portraits which remind us that this was a vigorous man departed too soon.

L.A. locals will recognize many of his buildings which vary from residences to shopping centers to fast food outlets and a futuristic gas station — lots of “he did that one, too?” moments as you begin to realize the extent of the footprint he leaves on our city. For those who can’t attend, the Museum’s website shows photos of many of Stephen’s projects, definitely worth a look. The exhibition runs through January 16th.

Betsy Dorfman

Ian Patrick, Crating Manager

Oct 22, 2010

In case you missed it, Weekend Edition Sunday with Margo Adler showcased the upcoming sale of Michael Crichton artworks at Christie’s this week. As previous blogs have noted, Crichton was a lifelong collector of modern artworks, and we have had the privilege of moving and installing — and installing and reinstalling and reinstalling again — these works for the last decade and beyond.

Our art handler Owen Casey Rothstein is interviewed in the piece, and further details the fun and challenge of handling and relocating art for this client.

Here is a link to story – our ten seconds of fame!

http://www.npr.org/templates/story/story.php?storyId=126608315

Thanks to Brett Gorvy of Christie’s and to the Crichton family for their inclusive spirit which allowed us to be a part of this program and the larger undertaking of handling and preparation of these artworks for sale.

Betsy Dorfman

Congratulations to L.A. artist Greg Lauren for a terrific write up in the L.A. Times on his current exhibition. We had fun at the opening Saturday night, especially watching the double takes done by (typically well heeled) passers by on Beverly Boulevard. Who could be forgiven for mistaking the show for, well, what it actually looked like: the opening of a super chic men’s boutique. Complete with valet and champagne service and more than a few celebrity sightings.

We’ve packed and shipped these paper art sculptures a number of times, and while obviously the weight is not an issue, keeping the “clothing” intact and with wrinkles only where the artist wants them is a challenge. We’ve shipped them on and off the mannequins, making use of archival paper and good old dish pack boxes and the odd slat crate with good results.

My husband’s brother tells the story of lecturing on a cruise ship where the headline lecturer was a memory expert. The many elderly passengers aboard were constantly cozying up to this guy and asking for tips on how to remember pesky things like names and telephone numbers. They figured he would have clever mnemonic devices to offer. His advice instead: try harder and pay attention.

Similarly, often the best art handling “trick” is to pay attention, keep it simple, and try hard to recognize and respect the integrity of the objects in front of you. This approach worked well with respect to Greg Lauren’s host of perfectly imperfect faux garments. And, yes, we did have to resist the impulse to try them on.

Betsy Dorfman

 For Los Angeles drivers tired of having their visual space indentured to ads for lap bands, beer, Vegas hotels and grinning automobiles, here, finally, is a breath of fresh paint – actual art on billboards. Thanks to the MAK Center for Art and Architecture , 21 newly commissioned works by established artists will go up at locations around Los Angeles. More info, maps, and images of many of the works are on the exhibition website at http://www.howmanybillboards.org

Congratulations in particular to artists James Welling, Kerry Tribe, Daniel Joseph Martinez, and Alan Ruppersberg, whose works we have handled over the years for storage and/or for the Whitney Biennial. Nice to see them up in such a public format. At some 35,000 possible “visual impressions” a day, that’s a big audience whizzing by. Or crawling, depending. Each will be on display for only a month or two, so get your map and head on out. Probably best with a designated driver, leaving you free to crane and thrall and snapshot without causing undue risk to those actually trying to get somewhere.

Betsy Dorfman

Recent news reports have detailed the upcoming sale of artworks from the Michael Crichton collection, currently on display at Christie’s in London. The paintings to be sold include a seminal work from the Jasper Johns “Flag” series, as well as works by Picasso, Lichtenstein and Rauschenberg . Old friends all.

FINE ART SHIPPING has moved, installed, shipped and stored many of these works over the past decade-plus for the Crichton family. Packing and crating these recent few to send off for display in London was an exercise in nostalgia to be sure. We have softpacked the Johns for Mr. Crichton to carry on an airplane, installed it at residences in New York and Los Angeles, and each time we handled it was a thrill. The office emptied out, art handlers mysteriously appeared as the crate was about to be opened — there are artworks which claim their own audiences, and this is one.

On September 11, 2001 our Los Angeles based crew was packing art at the Crichton residence in upstate New York, some 90 miles from ground zero. We were immediately invited to stay in the home for several days, allowing us to give our hotel rooms to our NY based crew, who were unable in those early days and hours to return to the city. So this goes beyond a business relationship, to what has been a partnership of care and concern for this art over many years and circumstances.
Following the current exhibition at Christie’s the artworks go on sale in New York in May. To the new owners we can only say: may the vibes, all good, be with you.

Betsy Dorfman