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Can't Sell Art Works
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Oct 29, 2023 07:16:03   #
jerryc41 Loc: Catskill Mts of NY
 
Does this make sense? Our local painting group has an Art Sale every year. During the past year, the town gave the group some money for supplies and to pay instructors to come to the group. Because the town gave the group money, it says that they cannot sell artwork produced by skills learned at the expense of the town. Does that mean they can never sell their artwork - anywhere?

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Oct 29, 2023 08:33:23   #
Longshadow Loc: Audubon, PA, United States
 
Warped/flawed logic.....

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Oct 29, 2023 08:35:20   #
agillot
 
Sign my name on the art work , then you can sell it .

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Oct 29, 2023 08:48:58   #
Shellback Loc: North of Cheyenne Bottoms Wetlands - Kansas
 
Food for thought for the town council:
Art sales to pay the city back - and keep good will - win/win
Prove the art skills were learned at the expense of the town - lawyers - legal expenses - law suits - loss of good working relationship with city - lose/lose

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Oct 29, 2023 08:54:09   #
Longshadow Loc: Audubon, PA, United States
 
Over-thinking can be just as bad as under-thinking.

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Oct 29, 2023 09:20:04   #
jerryc41 Loc: Catskill Mts of NY
 
Longshadow wrote:
Over-thinking...


Never been my problem.

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Oct 29, 2023 09:23:53   #
cdayton
 
Simple solution. Don’t accept town money, self fund, sell all you want.

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Oct 29, 2023 09:27:47   #
jerryc41 Loc: Catskill Mts of NY
 
cdayton wrote:
Simple solution. Don’t accept town money, self fund, sell all you want.


That's what I'd do, but they have been paying local art people to come in a run classes, and that would hurt them financially. Of course, there isn't a lot of money involved here. Maybe $1,000 for the year. The senior citizens group receives nothing.

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Oct 29, 2023 10:24:10   #
Barbonbrown
 
jerryc41 wrote:
That's what I'd do, but they have been paying local art people to come in a run classes, and that would hurt them financially. Of course, there isn't a lot of money involved here. Maybe $1,000 for the year. The senior citizens group receives nothing.


How do they propose to enforce it?

And just what do they say gives them the right to enforce such a restriction on the freedom of these artists? Was there a contract with such a condition when local artists accepted the instruction? If so for what consideration? Were they informed of it beforehand?

Is there no "restraint of trade" legislation in the US?

I can just about see them making a restriction on sales of work produced in the classes stick, perhaps, or even with materials supplied by the council, again perhaps, but a wider restriction, never.

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Oct 29, 2023 10:50:54   #
PhotoMono123 Loc: Houston, Texas
 
Were there stipulations in writing and was there a signed agreement when you received their "gift"? If yes, then you are bound. If no, then put up your For Sale signs.

The art group I belong to has formed a guild, and we have become very active within our community. We are now a 501(c)(3) organization and often receive small grants which help our organization. But we never have had anyone try to hinder us with some spurious, post-gift, restrictions.

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Oct 29, 2023 11:48:14   #
jerryc41 Loc: Catskill Mts of NY
 
There was no contract, and this ruling really doesn't make sense to me. The town supplied some money that was used for supplies and instruction, so the artists can't sell what they produced?

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Oct 29, 2023 11:54:45   #
kvanhook Loc: Oriental, NC
 
I've seen a lot of things at my age, but never thought I would hear about "Art Police".

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Oct 29, 2023 12:14:55   #
jerryc41 Loc: Catskill Mts of NY
 
kvanhook wrote:
I've seen a lot of things at my age, but never thought I would hear about "Art Police".


Yeah. I'd like to see them tell the town that they don't want the money.

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Oct 29, 2023 13:34:46   #
Stephan G
 
jerryc41 wrote:
There was no contract, and this ruling really doesn't make sense to me. The town supplied some money that was used for supplies and instruction, so the artists can't sell what they produced?


The First Amendment will stomp their little fire out.

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Oct 29, 2023 18:24:36   #
cahale Loc: San Angelo, TX
 
jerryc41 wrote:
Does this make sense? Our local painting group has an Art Sale every year. During the past year, the town gave the group some money for supplies and to pay instructors to come to the group. Because the town gave the group money, it says that they cannot sell artwork produced by skills learned at the expense of the town. Does that mean they can never sell their artwork - anywhere?


If there is pre-agreement not to sell anything produced during and at the training session(s), then the participants may not sell those. Anything they produce later at their own expense is theirs to do with as they please.

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