Art Market Monitor

Global Coverage ~ Unique Analysis

  • AMMpro
  • AMM Fantasy Collecting Game
  • Podcast
  • Contact Us

Noland Case May Define Artists’ Rights to Repudiate

May 30, 2013 by Marion Maneker

Cady Noland, Cowboys Milking

Cady Noland won a court ruling this month in the case surrounding her decision to repudiate a work that was to appear at auction. Marc Jancou, whose work was repudiated, had his $6m lawsuit against the artist dismissed because of the artist’s rights under the federal Visual Artists Rights Act (Vara) which allows an artist to protect her reputation “in the event of a distortion, mutilation, or other modification,” according to The Art Newspaper.

Jancou plans to appeal, says his lawyer Tom Sheridan of Hanly Conroy. Jancou is also appealing the same court’s November 2012 ruling dismissing a case filed against Sotheby’s for breach of contract after it withdrew Cowboys Milking from auction. […]

Sheridan hopes the appeals will provide “clarification of the standards courts use” to interpret Vara. Permitting artists to determine those standards, such as how much damage constitutes material damage and how much is just wear and tear, “is like putting the fox in charge of the hen house”, he says.

The next hearing in the appeal of the decision in favour of Sotheby’s is scheduled for 6 June.

Court Finds for Artist Who Disowned Work Before Auction (The Art Newspaper)

More from Art Market Monitor

  • Colnaghi Sells Cranach at MasterpieceColnaghi Sells Cranach at Masterpiece
  • That Doig Turns Out to be a DoigeThat Doig Turns Out to be a Doige
  • Middle Market Sales See 23% Jump in Totals, 40% in Average Price: 2018 Fall NY Mid-Season Contemporary Sales AnalysisMiddle Market Sales See 23% Jump in Totals, 40% in Average Price: 2018 Fall NY Mid-Season Contemporary Sales Analysis
  • Bought & Sold, Tales of the Impressionist and Modern Market at Christie’s Evening SaleBought & Sold, Tales of the Impressionist and Modern Market at Christie’s Evening Sale
  • Absent DealerAbsent Dealer
  • What’s Up with Sotheby’s Stock? Not MuchWhat’s Up with Sotheby’s Stock? Not Much

Filed Under: Artists

About Marion Maneker

LiveArt

Want to get Art Market Monitor‘s posts sent to you in our email? Sign up below by clicking on the Subscribe button.

  • About Us/ Contact
  • Podcast
  • AMMpro
  • Newsletter
  • FAQ

twitterfacebooksoundcloud
Privacy Policy
Terms & Conditions
California Privacy Rights
Do Not Sell My Personal Information
Advertise on Art Market Monitor
 

Loading Comments...