Famous London Graphic Artist needs help extricating from rogue agent/ contr. agreemt
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Description
Experience Level: Intermediate
Industry: Art and Design
Legal topic: Contract
Description of legal work: In Sum...
My client - a well known London based international Graphic Designer/ Street Artist - is in dispute with his current rogue agents over monies and prints owed and owned. As per contract, the Artist ('Y') gave the agents ('X') notice that - due to rogue and opaque accounting and inventory practices which resulted in the Artist not being able see what was sold, where, to whom, by whom and when for over a year - he'd have to terminate their agreement until a time such records could be presented and ratified - in line with written agreement of responsibilities.
The Agent to date has failed to provide the necessary records of sales activity relating to the works by the artist despite repeated requests instead making defensive aggressive threats of legal action against the Artist.
The Artist would therefore like to stop the promotion and sale of his artworks, image or IP by this agent- and further to subsequent notice - take back full rights and control of their artwork and image, plus/ minus any particular owed by either party to the other.
Thus assistance is required on:
· Ratifying the recent official notice given and the obligations of both parties thereafter vis-a-vis the terms of the original contract
· if X is in breach of contract (for not sending reporting, inventories, invoices) what is Y's recourse
· as X is in possession of prints of Y's work, does Y have any recourse to these works and/ or the ability to stop future sale
· Can X legally contend that Y cannot work with the galleries whose contact she instigated, and/ or claim for loss of future earnings (none of which was stipulated in the contract).
Extra notes: Payment etc....
We appreciate you work hard and are good at your job so we wouldn't want to patronise you with a low-ball offer. At the same time we hope that you can glean from the inferences above that while my client is a very talented artist, the above charlatans have halted effectively stolen from him and ripped him off so hard funds are extremely limited.
What we can offer for now is a 3-way choice/ mix in exchange for future working relationship with the Artist once this silly chapter has been resolved (we think it's a pretty open and shut case):
1. One third: Pro Bono
2. One third: Basic Expenses
3. One third: Highly sought after exclusive original artwork worth £000 - £0000's (depending on work agreement reached).
As somebody that works and funds struggling artists I only got involved because I can't stand to see parasitic agents fattening themselves off the vulnerable carcasses and hard work of progressive local artists. The counterparty has become extremely aggressive of late, going as far as painting over famous wall art to bully this artist into submission. So time is of the essence.
We hope we can find a similarly altruistic and professional partner in this quest. And many great journeys thereafter.
Thank you for taking the time to read this. We look forward to hearing from you soon.
Best Regards.
DM
Legal topic: Contract
Description of legal work: In Sum...
My client - a well known London based international Graphic Designer/ Street Artist - is in dispute with his current rogue agents over monies and prints owed and owned. As per contract, the Artist ('Y') gave the agents ('X') notice that - due to rogue and opaque accounting and inventory practices which resulted in the Artist not being able see what was sold, where, to whom, by whom and when for over a year - he'd have to terminate their agreement until a time such records could be presented and ratified - in line with written agreement of responsibilities.
The Agent to date has failed to provide the necessary records of sales activity relating to the works by the artist despite repeated requests instead making defensive aggressive threats of legal action against the Artist.
The Artist would therefore like to stop the promotion and sale of his artworks, image or IP by this agent- and further to subsequent notice - take back full rights and control of their artwork and image, plus/ minus any particular owed by either party to the other.
Thus assistance is required on:
· Ratifying the recent official notice given and the obligations of both parties thereafter vis-a-vis the terms of the original contract
· if X is in breach of contract (for not sending reporting, inventories, invoices) what is Y's recourse
· as X is in possession of prints of Y's work, does Y have any recourse to these works and/ or the ability to stop future sale
· Can X legally contend that Y cannot work with the galleries whose contact she instigated, and/ or claim for loss of future earnings (none of which was stipulated in the contract).
Extra notes: Payment etc....
We appreciate you work hard and are good at your job so we wouldn't want to patronise you with a low-ball offer. At the same time we hope that you can glean from the inferences above that while my client is a very talented artist, the above charlatans have halted effectively stolen from him and ripped him off so hard funds are extremely limited.
What we can offer for now is a 3-way choice/ mix in exchange for future working relationship with the Artist once this silly chapter has been resolved (we think it's a pretty open and shut case):
1. One third: Pro Bono
2. One third: Basic Expenses
3. One third: Highly sought after exclusive original artwork worth £000 - £0000's (depending on work agreement reached).
As somebody that works and funds struggling artists I only got involved because I can't stand to see parasitic agents fattening themselves off the vulnerable carcasses and hard work of progressive local artists. The counterparty has become extremely aggressive of late, going as far as painting over famous wall art to bully this artist into submission. So time is of the essence.
We hope we can find a similarly altruistic and professional partner in this quest. And many great journeys thereafter.
Thank you for taking the time to read this. We look forward to hearing from you soon.
Best Regards.
DM
Davis M.
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