Stolen/Lost Paintings

I'm a freelance artist. I gave some paintings to a restaurant to hang on their walls. The usual arrangement is that they're for sale so the restaurant gets free decoration and I get exposure. None sold after about a year so i decided to take them back. When I went to collect my paintings one was missing. I had the missing work priced at 2500. There was no written agreement but its a fairly common arrangement in the art world. Do i have a leg to stand on legally? i.e. are the restaurant obligated to give me the value they had it displayed at if they can't find it?

Thanks for your help.

C

it's a very tough one.

If you had a written agreement, you would be in a better position.

I would think that it would be difficult for a restaurant to monitor paintings. Someone could easily rob one and they might not notice it missing for a long time.

Do you suspect that they sold it and are just not telling you?

what is the usual procedure if someone wants to buy a painting. Does the restaurant take the money and pass it on to you?

Do they get commission?

Who is getting the better deal?

Do you want to deal with them again?

Thanks for the reply Brendan.

I was thinking they hadn't held up their side of the bargain because they took them down, put them in a store room and they went missing from there. The store room was only accessible through the kitchen and up the private stairs. They never contacted me to let me know they had taken them down. It was only when i contacted them 3 weeks later I discovered it. It would be hard to walk out of there with them unnoticed, they're 4ft x 4 ft approx. I have photos of my work on their walls. I also have a copy of the inventory of the paintings with prices that they diplayed on their walls.

They don't get a commission, but they save on having to buy quality art for their walls so its a quid pro quo, many places do it. They would usually take the money and pass it on if they sell.

Put a photo of the missing painting up on the internet, and someone may have spotted it if it is stolen.

Report it stolen to Gardaí if you don't get a satisfactory reply .... after all it's €2,500 out of your pocket.

Thanks, I've phoned the gaurds now and am making a statement later today. They're putting this pics on their databases. I suppose nothing will happen until they've looked into it for a while. What i was driving at though is if they can't recover them are they obliged to compensate me.

OP, have you spoken to the restaurant about this issue or have you tried to reach a compromise with them at all?

Missdaisy, I'm in the process of doing that and hopefully everything will work out. I was just trying to envisage the worst case scenario. For example if they were to turn around and say they've done all they can but they can't find them and thats the end of that, goodbye and good luck. Hopefully it won't come to that but i'd like to be informed as to what i can do about it in case it does.

Good first step and hopefully it will bring about a resolution.

If you have to pursue it further you would be looking at a District Court action. You only have a verbal agreement in place, you will say the verbal agreement was X and the restaurant may say the verbal agreement was Y. A judge would have to decide whether you are owed money.

It may be hard for the restuarant to compensate...

Did you require them to have insurance to cover your paintings in case of fire or theft?.. If the restuarant burned down would you be expecting 8 x 2,500 or whatever the price was?

I think you may have to chalk it up to experience, .. and have a written agreement in place, and require insurance, next time you're doing something like this...

Grogans Pub apparently display artwork in a similar arrangement, maybe you could ask them about insurance, and missing paintings etc.. and damage due to fights, or spills, splashed wine etc...

At the same time I'd be suspicious that they sold the painting, and kept the money.. but I'm not sure what you can do.. so report it to the Guards, and hope for the best. If the painting comes up for sale in the future, or re-surfaces, then you may be able to claim it for yourself if you report it stolen now.

There are paintings on display in the Stephens Green Center valued at 25,000!!! and they're just sitting there on the wall!

Thanks for help folks, i thiink I have a pretty good idea where i stand now.

You will have to come back to us with an update on how/whether you resolved the issue.

Will do thanks.