Protecting Ourselves
More on the Artist to Dealer Relationship
I have written three editorials in the past about the artist to dealer relationship. In each case, the editorial was fueled by complaints from artists about the unprofessional practices of the gallery showing and selling their work. It is such an important relationship for artists that I feel obliged to revisit the subject in light of certain recent events in Vancouver. Before discussing the problems that can come from having representation, however, I must emphasize that it is a minority of gallery owners that conduct illegal or immoral professional practices.
The gist of past Opus Newsletter editorials on the artist to dealer relationship has focused on the need for a comprehensive contract. I was, however, naïve in thinking that a good contract would prevent problems or support the artist effectively in any court action. I learned this when I spoke to and exchanged emails with several artists united in their opposition to the business practices of Sergio Patrich.
I believed that a good contract foreseeing all possible aspects of the relationship between the artist and the dealer would protect the artist and that any problems extending from the contract could be pursued in the courts. Now I believe that under no circumstances whatsoever should an artist go to court because even when you win, you lose. You may win a judgment against someone from whom you cannot collect; you may win money, but you will lose sleep, peace, health and goodwill and gain stress, anger and frustration.
What changed my mind? The testimonials of Sergio Patrich's "victims." Their collective story is painful to hear. Brittani Faulkes, for example, went to court to recover $6,800 owed and unpaid to her by Mr. Patrich. She won her case. "Unfortunately," she wrote in an open letter to the Georgia Straight, "since the new gallery space was placed in his son's name, his house in his wife's name, and with no visible assets, there was little likelihood of receiving payment.... At the same time, a company that sold and rented reproduction equipment sued for a large sum of money Patrich owed and since the company is incorporated, it is first in line to collect money if it becomes available." Another artist who prefers to remain anonymous wrote: "I got a legal judgment in my favour and still have not been paid close to $15,000.00. The Bailiff came up with nothing, as did a collection agency I hired." So you see, you can win and still lose.
Mr. Patrich recently and very suddenly closed his gallery and took with him all the art in his possession that belonged to its creators. And he did this without telling the artists (that I have heard from) that he was moving, or how to recover their artwork. The artists he betrayed have united in a resolve to prevent other artists from being mistreated by him. You can read about their problems with Mr. Patrich in their own words by visiting "Gallery Owe" blog at: galleryowe.blogspot.com. Their stories and actions were shocking, but it was a search on the BC Court Services Online that convinced me to use the Patrich name in this editorial and not to generalize.
Sergio Patrich first ran the Simon Patrich Gallery (named after his father) under the legal name of Havilah Holdings Ltd. He then closed it, moving his operations to Pine Street in Vancouver and re-named it Gallery O. He registered Gallery O under the name of his son. If you go to BC Court Services (https://eservice.ag.gov.bc.ca/cso/index.do) and click on the "Search Civil" button at the bottom of the page, you will go to a page that allows you to search the BC Court records. Once that page opens, simply type "Patrich" into the field for "last name" and then click on the search button. If you also search "Havilah Holdings Ltd" in a second search, you will learn more about this family's business practices. (This is all free. To read the details of the judgments, however, costs money.)
Opus has not gone lightly into the decision to publish this editorial. We care deeply about the collective losses of artists in our community to careless or uncaring dealers. The Patrich family court record and the support information provided by artists represented by Sergio Patrich convinced several of us at Opus to join Hans Engel, David Haughton, Brittani Faulkes, Linda L. Nardelli, Usha and Martin Honisch, Frank Zeidler and many other artists to help protect our colleagues from the bad business dealings with dealers in the future. For these artists and Opus, helping peers avoid losses similar to theirs is more important than going to court.
Choosing a dealer to represent you is like choosing whom to marry # in both cases you enter the partnership based on trust and respect that you hope will last a long, long time. Settling on a gallery or dealer after a one-hour interview is like getting married after your first date with someone new. In contracting with a representative I now have less faith in the contract and feel that artists must focus on references and make their decision based on considerable research. And whereas the theory of a good contract is a valid one, in practice, many artists lack the conviction or the personality to fight for all their rights covered in most model contracts. And some dealers are wary of artists proposing lengthy contracts and often have their own contracts to offer to artists.
I remember being quite young and hearing a guest marriage expert on a TV show refer to the irony of making the most important decision of one's life at a time when we are least capable of making an intelligent decision, skewed in our reasoning by lust and love. This sentiment applies to the securing of representation for artists as well. Artists can be so eager to have a gallery show and sell their work that they do not do anything close to the due diligence that should characterize the selection of someone to represent them. The challenges artists face in getting representation plus their dreams of making money from sales they do not have to handle makes many artists vulnerable to weak decision-making when they are offered representation.
If you have had similar experiences with Mr. Patrich, you might want to add to the Gallery Owe blog. If you have had a bad experience with a different dealer, what can you do? This is the important issue for our community # how can artists best protect themselves from bad dealers in a safe environment and free from concerns of slander or libel? If you have ideas about that, I want to hear from you. How artists can work together to warn each other about visual art dealers following bad business practices will be a subject for an upcoming editorial.
ctyrell@shaw.ca
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