Re: The Evan's Wall Gallery steals my 28 art print !
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Posted by M Arthur Auslander on June 11, 2002 at 00:42:02:
In Reply to: The Evan's Wall Gallery steals my 28 art print ! posted by Nick Chaldakov on June 10, 2002 at 20:21:32:
: Dear Madam or Sir,
: I have a big professional problem:
: 17 January 2002, Alexis R. Sandoval, Director of Artists Relations of the Evan's Wall Gallery, wrote to me: "I am very impressed with your work as a photographer."
: 19 January 2002, Alexis R. Sandoval wrote to me: "Owners were simply overwhelmed with your work and we would welcome the opportunity to represent you and your wonderful works in The Evans Group of Galleries and have the works installed in the four galleries including Miami, New York, Paris and Brokstedt, Germany."
: 21 January 2002, In effect, the Evan's Wall Gallery made contract with me, and asked me to send 30 of my photography prints to be installed in their galleries mentioned above.
: 10 April 2002, I sent to the Evan's Wall Gallery in Miami, Florida 28 photography prints, 30 x 40 cm, exhibition quality. I received e-mail message from the Gallery informing me that they received my 28 prints. 16 April 2002, Alexis Sandoval: "Please be advised that the Gallery in Miami has received your twenty-eight (28) photographs and the Schedule A sheets filled out with the appropriate names, sizes, shipping method and prices."
: However, having my prints, the Gallery wrote to me that the Gallery does not appreciate the quality of prints and that the prices I asked for prints are very expensive. And, the Gallery offered to me a price of US$ 100 per print. Accordingly, I responded to the Gallery that the prints are hand-made in the professional laboratory on semi-mats Agfa Pro papers 30x40 cm, some of them being presented at Art Expo 2001 in New York and recently in London, UK. Of course, US$ 100 per print is a price I can not accept. 22 April 2002, Nick Chaldakov: "Please, send ASAP my 28 art photography prints to my postal address by express airmail."
: The Gallery refused to return the prints to me. When I wrote to the Gallery that I would disseminate the information about what happens with my 28 prints, Marc Sutherland, the lawyer of the Gallery, wrote to me that if I inform other people what happens, he will prohibit my E-mail and my web page: "Notice will be sent to the Federal Trade Commission and both Yahoo and your own Internet Service Provider with be notified. Please know that I have already put both your service provider and Yahoo on alert and sent them copies of your e-mails so I should hope that you will govern your behavior accordingly."
: 24 April 2002, the lawyer of the Gallery wrote to me that they will return the prints: "Federal Expressed advised my secretary that with Expanded Service, your photographs will be delivered to you in Varna, Bulgaria on Thursday, May 9th. For your records and so you may keep track of your shipment, the international waybill number is 8308 9801 5340 and the I.D. Number is 0425."
: However, when I tracked the shipment with the international waybill number: 8308 9801 5340 and the ID Number: 0425 in the Federal Express, the answer was: "Not Found. No scan record for the following shipments has been received by our system yet. Tracking Number 830898015340 "
: 28 May 2002, Evan Wall Carter, the owner of the Gallery, wrote to me: "If the prints are not located by the end of the business day on Friday, May 31, 2002, I will pay you the wholesale price or value of each of the 28 prints-"
: 6 June 2002, Evan Wall Carter wrote to me: "The shippers told us that they have located your prints and you should have them within 48 hours."
: 11 June 2002: Neither my 28 photography prints, nor the "wholesale price or value of each of the 28 prints-" have been reached me yet!
: My question is why the Gallery can not govern its behavior accordingly? Maybe the prints are sold? Maybe the prints are not sent to me? Thus, I do not know where are my prints now- Anyhow, you may view my 28 missing print.
: Collaboratively, I will not leave this problem unsolved!
: Looking for your advice, help and cooperation!
Dear Mr. Chaldakov,
If you are located in the US, there is small possibility that a long arm statute might reach them. My gut, without research, say it won't.
You have my sympathy.
I like you work. There is still more that you can still do going forward under the copyright law.
M. Arthur Auslander
Auslander & Thomas-Intellectual Property Law Since 1909
The Intellectual Property Law Server
Old Copyright Forum