Art

Group sues after Indigenous artist’s designs ‘taken,’ sold in gift shop – Global News

Published

1 year ago

July 28, 2023

Native Northwest, an Indigenous wholesaler, has filed a lawsuit against Bruce and Fiona Fearon of Sasquatch Gifts & Souvenirs in Harrison Hot Springs, B.C., for “copying, using, and selling” Francis Horne Sr.’s Sasquatch design without permission.

On a trip to Harrison Hot Springs in the summer of 2022, Horne visited Sasquatch Gifts & Souvenirs.

“As soon as we stepped in the door, lo and behold, there’s my design, or what appeared to be my design,” he said in a video prepared by Native Northwest.

“I took a closer look and realized that’s not my design. I couldn’t eat after that, it literally made me sick to my stomach…. You’re mortified, you think, ‘Why would they steal this? Why would they steal my design?’”

Gabe Garfinkel, general manager of Native Northwest said, they immediately began working to have the copies removed and rectify the situation.

When Global News called Sasquatch Gifts & Souvenirs, a woman answered, refusing to give her name, but said she was the new owner who purchased the business in November of 2022.

They decided to keep the store name and were surprised when letters began arriving.

“This is not fair for our business…. It has really hurt our business,” she said. “Bruce and Fiona are previous owners, we are not connected to them, we are brand new.”

When asked whether the T-shirts were still being sold, the woman said, “We don’t sell these T-shirts anymore, come down and take a look.”

Global News has tried to contact Bruce and Fiona but has so far not received a response.

Francis Horne Sr. designed the Sasquatch displayed on this T-shirt.

Native Northwest

Indigenous art is increasingly being copied, reproduced or stolen. Earlier this year, charges were laid in an alleged art fraud ring against a group accused of making and selling pieces of art under the name of Anishinaabe artist Norval Morrisseau.

“Every day, Indigenous artists find their original art taken without permission and used on fake carvings, prints, T-shirts and logos,” Garfinkel said. “Authentic Indigenous art holds immense cultural significance to artists and their communities yet there are no Canadian laws that recognize this cultural value or restrict forgeries and fakes past general copyright law.”

One hundred per cent of the art featured on Native Northwest products is designed by Indigenous artists and Garfinkel said they are committed to maintaining the integrity of Indigenous art.

“We are taking legal action, because of the lack of meaningful response and that there are no Canadian laws in place to stop the theft or forging of Indigenous art,” he said. “We hope that talking about this more will deter others from Indigenous art theft.”

A lot of this theft can be found in gift shops, and an investigation done by journalist Francesca Fionda in Vancouver found that only 25 per cent of the tourist gift shops they looked at in Gastown, Chinatown, on Robson Street and on Granville Island exclusively sold authentic items.

2:15
8 charged in suspected Norval Morisseau art fraud ring

“It sends a message to all Native Northwest Coast artists that we need to stand up for ourselves. We have to protect what’s rightfully ours,” Horne said.

“It’s plagiarism, plain and simple, and it’s a mockery of what we do as artists … to know that people are taking that and making money from something that they have no right to put a claim to.”

Theft of Indigenous art is something that has long plagued Indigenous people and the Indigenous economy. And there are groups dedicated to exposing and raising awareness of Indigenous art theft.

In a Facebook group called Fraudulent Native Art Exposed there are daily posts detailing work that has been copied and stolen, whether it’s appearing in gift shops, on Etsy or through various online wholesalers.

For many Indigenous artists, fighting back against theft can be too costly and all they can do is call it out. Native Northwest hopes their case sets a precedent and helps stop this theft from happening.

1:18
Indigenous artist explains best practices when buying their work

“Not only does fraudulent Indigenous art have a direct financial impact on artists who are not compensated for their designs, it also undermines and neglects the spiritual and cultural significance of each brush stroke and each design,” said Garfinkel.

Everyone can help, especially when shopping.

“The first thing people can do is check that the design is attributed to or signed by an Indigenous artist,” said Garfinkel.

“If there is no artist name connected to the art, it’s more often than not a fake.”

Art

Calvin Lucyshyn: Vancouver Island Art Dealer Faces Fraud Charges After Police Seize Millions in Artwork

Published

6 days ago

September 13, 2024

Harry Miller

In a case that has sent shockwaves through the Vancouver Island art community, a local art dealer has been charged with one count of fraud over $5,000. Calvin Lucyshyn, the former operator of the now-closed Winchester Galleries in Oak Bay, faces the charge after police seized hundreds of artworks, valued in the tens of millions of dollars, from various storage sites in the Greater Victoria area.

Alleged Fraud Scheme

Police allege that Lucyshyn had been taking valuable art from members of the public under the guise of appraising or consigning the pieces for sale, only to cut off all communication with the owners. This investigation began in April 2022, when police received a complaint from an individual who had provided four paintings to Lucyshyn, including three works by renowned British Columbia artist Emily Carr, and had not received any updates on their sale.

Further investigation by the Saanich Police Department revealed that this was not an isolated incident. Detectives found other alleged victims who had similar experiences with Winchester Galleries, leading police to execute search warrants at three separate storage locations across Greater Victoria.

Massive Seizure of Artworks

In what has become one of the largest art fraud investigations in recent Canadian history, authorities seized approximately 1,100 pieces of art, including more than 600 pieces from a storage site in Saanich, over 300 in Langford, and more than 100 in Oak Bay. Some of the more valuable pieces, according to police, were estimated to be worth $85,000 each.

Lucyshyn was arrested on April 21, 2022, but was later released from custody. In May 2024, a fraud charge was formally laid against him.

Artwork Returned, but Some Remain Unclaimed

In a statement released on Monday, the Saanich Police Department confirmed that 1,050 of the seized artworks have been returned to their rightful owners. However, several pieces remain unclaimed, and police continue their efforts to track down the owners of these works.

Court Proceedings Ongoing

The criminal charge against Lucyshyn has not yet been tested in court, and he has publicly stated his intention to defend himself against any pending allegations. His next court appearance is scheduled for September 10, 2024.

Impact on the Local Art Community

The news of Lucyshyn’s alleged fraud has deeply affected Vancouver Island’s art community, particularly collectors, galleries, and artists who may have been impacted by the gallery’s operations. With high-value pieces from artists like Emily Carr involved, the case underscores the vulnerabilities that can exist in art transactions.

For many art collectors, the investigation has raised concerns about the potential for fraud in the art world, particularly when it comes to dealing with private galleries and dealers. The seizure of such a vast collection of artworks has also led to questions about the management and oversight of valuable art pieces, as well as the importance of transparency and trust in the industry.

As the case continues to unfold in court, it will likely serve as a cautionary tale for collectors and galleries alike, highlighting the need for due diligence in the sale and appraisal of high-value artworks.

While much of the seized artwork has been returned, the full scale of the alleged fraud is still being unraveled. Lucyshyn’s upcoming court appearances will be closely watched, not only by the legal community but also by the wider art world, as it navigates the fallout from one of Canada’s most significant art fraud cases in recent memory.

Art collectors and individuals who believe they may have been affected by this case are encouraged to contact the Saanich Police Department to inquire about any unclaimed pieces. Additionally, the case serves as a reminder for anyone involved in high-value art transactions to work with reputable dealers and to keep thorough documentation of all transactions.

As with any investment, whether in art or other ventures, it is crucial to be cautious and informed. Art fraud can devastate personal collections and finances, but by taking steps to verify authenticity, provenance, and the reputation of dealers, collectors can help safeguard their valuable pieces.

Art

Ukrainian sells art in Essex while stuck in a warzone – BBC.com

Published

2 weeks ago

September 2, 2024

Harry Miller

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Ukrainian sells art in Essex while stuck in a warzone BBC.com

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Art

Somerset House Fire: Courtauld Gallery Reopens, Rest of Landmark Closed

Published

1 month ago

August 18, 2024

Harry Miller

The Courtauld Gallery at Somerset House has reopened its doors to the public after a fire swept through the historic building in central London. While the gallery has resumed operations, the rest of the iconic site remains closed “until further notice.”

On Saturday, approximately 125 firefighters were called to the scene to battle the blaze, which sent smoke billowing across the city. Fortunately, the fire occurred in a part of the building not housing valuable artworks, and no injuries were reported. Authorities are still investigating the cause of the fire.

Despite the disruption, art lovers queued outside the gallery before it reopened at 10:00 BST on Sunday. One visitor expressed his relief, saying, “I was sad to see the fire, but I’m relieved the art is safe.”

The Clark family, visiting London from Washington state, USA, had a unique perspective on the incident. While sightseeing on the London Eye, they watched as firefighters tackled the flames. Paul Clark, accompanied by his wife Jiorgia and their four children, shared their concern for the safety of the artwork inside Somerset House. “It was sad to see,” Mr. Clark told the BBC. As a fan of Vincent Van Gogh, he was particularly relieved to learn that the painter’s famous Self-Portrait with Bandaged Ear had not been affected by the fire.

Blaze in the West Wing

The fire broke out around midday on Saturday in the west wing of Somerset House, a section of the building primarily used for offices and storage. Jonathan Reekie, director of Somerset House Trust, assured the public that “no valuable artefacts or artworks” were located in that part of the building. By Sunday, fire engines were still stationed outside as investigations into the fire’s origin continued.

About Somerset House

Located on the Strand in central London, Somerset House is a prominent arts venue with a rich history dating back to the Georgian era. Built on the site of a former Tudor palace, the complex is known for its iconic courtyard and is home to the Courtauld Gallery. The gallery houses a prestigious collection from the Samuel Courtauld Trust, showcasing masterpieces from the Middle Ages to the 20th century. Among the notable works are pieces by impressionist legends such as Edouard Manet, Claude Monet, Paul Cézanne, and Vincent Van Gogh.

Somerset House regularly hosts cultural exhibitions and public events, including its popular winter ice skating sessions in the courtyard. However, for now, the venue remains partially closed as authorities ensure the safety of the site following the fire.

Art lovers and the Somerset House community can take solace in knowing that the invaluable collection remains unharmed, and the Courtauld Gallery continues to welcome visitors, offering a reprieve amid the disruption.

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