Thursday, October 07, 2010

Bowland's response to the NPG

Apparently the National Portrait Gallery has officially finally contacted Margaret Bowland on the saga of her stolen painting. Bowland's response to the NPG encapsulates the whole saga:

Mr. Earhart:

After reading the documents you faxed to my husband I have to admit that I understand NPG's legal position.

There are, however a few things I need to say on my behalf.

All the communication to me from the NPG about shipping the painting at the close of the show was sent to an AOL email account that I have not used for over a year. This despite my having communicated several times with various members of the NPG staff using my new, gmail address. It is also hard to understand why if I did not respond to an email someone did not bother to telephone me. My telephone number is on the Loan Agreement, and I have an answering machine.

As you mention in your letter to my husband, I had a telephone call with a member of the NPG staff after the credit line mentioning the Klaudia Marr Gallery had been agreed on. In this telephone call I told the NPG staffer that I had broken my relationship to the Marr Gallery because they had failed to pay me for work of mine they had displayed and sold to collectors, I stated clearly that I was the sole owner of the Portrait of Kenyetta and Brianna, and that the picture should be returned to me. When I saw that the credit line on the painting at the exhibit and in the catalogue ommitted any mention of the Klaudia Marr Gallery I assumed that the telephone call had been sufficient notice to return the painting to me, the acknowledged owner.

You say you first became aware of this situation on September 23, 2010. I was not sent a copy of the Loan Agreement explaining NPG's position until yesterday, October 6. Had I gotten that information sooner, my reaction to the whole mess would have been a little different.

My reaction would also have been different had someone from the NPG called me on the telephone at any time between September 23 and now. I asked, in fact begged, via emails, for someone from the NPG to telephone me and explain what had happened. No one called, and the emails I did get just put me off and referred to a loan agreement, which I only got yesterday.

I understand now that you are protected by legal documents. The fact remains, however, that a collector in Santa Fe now has possession of the painting, Klaudia Marr has received a substantial amount of money for it, and I -- the rightful owner and creator of the painting -- have nothing to show for my efforts.

The painting was an important part of the portrait competition exhibition and has become associated with the NPG. It was awarded a commendation as one of the finalists and was a favorite among viewers. It won the People's Choice Award by
popular vote. My talk in front of the painting at the NPG during the exhibition was recorded and has been circulated on Youtube.

I would have thought that the NPG would have helped me get the painting back. Instead, you have spent all your energy fending me off and protecting
yourself.
Once again I ask the question: Since the NPG was the unwilling participant in an alleged scam to defraud the artist, why are they not assisting the victims (both the NPG and the artist) in dealing with Law Enforcement?

A federally funded museum has been allegedly conned by an art dealer into assisting in the alleged theft of a work of art which had been on exhibit at the museum and all they (the NPG) is doing is apparently circling the wagons to remove themselves from the issue?

I ask the question once again and hope the NPG sends me an answer: Why are they not picking up the phone and calling the FBI's Art Theft Unit?

Update: Kriston Capps has dug some new info on this subject. Read the comments section to read it.

Update 2:
Margaret Bowland has sent in a response to Kriston Capp's (11:06 am in the comments section). However, because it exceeds the max number of characters allowed in the comments form, it is being posted here:
Well, Lenny, yes there was a check made out to me for Murakami wedding. Three years ago. The check was for 2,000 dollars against a bill for 21000 dollars that I was due. So far I agree with Mr. Capps.

I told him the rest of this story, but it seemed not to have mattered to him, but here it is.

At the time Marr sent me this paltry check, three years ago, other artists in the gallery were alerting me to the fact that her gallery was falling apart, people were not getting paid. In the gallery world, the artist assumes shipping payments to a gallery and the gallery must pay to have unsold work returned. This is very expensive, as you can well imagine, to ship large works from NY to Santa Fe. MARR had the consignment to sell my work for the duration of a one month long group show. Listening to the people around me I called her and requested that my work be returned to me. She refused.

So at the urging of friends I sent a shipper in at my own expense, 1800 dollars to retrieve my work. At this point, I stupidly sighed a sigh of relief because the Murakami painting was (I thought) safely in the hands of the NPG.

The shippers had a list of the works they were to retrieve for me. On the day they arrived there was a painting missing. I asked to speak to Klaudia on the phone. In a flustered voice, she said, "Oh yes, didn't I tell you, the "Bride Painting" sold to a South African woman. It has already been shipped out of the country."

Of course, I was furious, but I was afraid as well. I just wanted to get away from this woman. My half of the painting, pastel "the Bride" that she had sold was to have been 3500 dollars. I said to her on the phone, "Klaudia, I have no way of trusting you anymore. I am considering the last 2000 dollars I have just received from you to be the end of our relationship. I am going to count it toward the Bride Pastel for which you still owe me 1500. This is the last of our relationship."

And I repeated to her, that the 2000 dollars would go toward the "Bride picture" and "the Murakami was free and clear." I also said that she was free to send me full payment for any of the works and then there would be new grounds for discussion. She said nothing to this, accepted it. Needless to say I never talked to her again until she called me two weeks ago hysterical and teary.

And I have never received another dollar from this woman. Right now if you add the shipping bill she was supposed to pay me, the rest of "The Bride Pastel" and "The Portrait of Kenyetta and Bryanna" that she stole, the bill comes to 24,300 dollars. That is a huge amount of money to me.

Sadly, I felt this was the worst damage she could do me and walked away believing the Murakami painting was mine to sell. If indeed this is or was a legitimate sale why in two years has Ms. Marr made no attempt to send me the balance she owes me of 19 thousand dollars?

I had thought that I would not be bothered by this woman for the rest of my life. I had been told that she had disbanded her gallery and to escape hundreds of creditors she had disappeared and I felt, good riddance.

All of this was explained at length to Ms. LaPorta (or LaRosa?) Ms. De Rosa from the NPG in the telephone conversations I had with her before the show ever opened.

She then went on to list my name as the owner of the painting. And my name only.

So what have I done wrong here? I will admit that oddly and tragically my belief that I was on a friendly basis with the staff at the NPG worked against me terribly.

If I had not been in constant contact with these folks by email and by phone, then perhaps I would have contacted the museum when the show was winding down to make sure my paper work was in order. It just never occurred to me for a moment. They had sent me many things by mail, talked to me by phone and the email. I had no idea that the people in registrar were unaware of what was known by the people at the head of their organization and that when confronted with what looked odd, an email address that had not been used in over two years, that the registrar wouldn't have picked her head up, made a phone call, asked a question.

This whole thing was going on while I was on vacation in Holland. Just two weeks that shall prove to be the costliest two weeks of my life. When I arrived home there were many messages on my telephone but none from the NPG. Certainly I would have called immediately.

Mr. Capps concludes that the NPG did nothing illegal. It does appear that while I thought they were trying to retrieve my painting they were doing just that, making sure there legal affairs were in order so that the mighty organization could protect itself from a penniless painter. It seems they did a very good job.

But I shall ask this of you Mr. Capps? Is this right? What have I done to deserve being left without a painting or the money to pay for it? I trusted a major government agency to recognize the ownership of my work and to return it to me. They had my address every single moment. What was so hard about sending it home? And if they could not reach me for two weeks, where was the fire? The place is vast.

Rather than just send my painting to an address of which I HAD NEVER approved, did not even know, couldn't you have waited until you could have talked to me, or asked someone else in your organization if they had any current information about how to reach me? I would have proceeded that way to return a hat.

All the legal work may be in order, but a thief is alive and well and doing business with dupes in NM , the NPG glides on, the huge ship of state that it is, and the artist that was used by this ship of state to mount a popular show is left drowning in its wake. If that is justice I have no comprehension of the word.

margaret bowland

23 comments:

Anonymous said...

Bowland should contact her Congress Representative and Senator and bring this issue to them. She should tell them that the FBI is also ignoring this art theft from a Smithsonian institution because the dollar amount is insignificant (according to them).

I would call the Reps/Senator's office, also send them an email and even a written letter.

Up the ante.

Ross

Anonymous said...

Do we need an artists Bill of Rights beyond intellectual property laws?

Rogerrr said...

if it was obtained improperly, why doesn't the buyer return the painting and ask for a refund from the gallery

Kriston Capps said...

For what it's worth, last week I called all the parties involved for a story that I ultimately did not run.

From what I gathered, Klaudia Marr did not lie to the National Portrait Gallery. Which is not to say that she is in the right. Obviously Ms Marr and Margaret Bowland disagree about that and over where the painting belongs. But that disagreement did not emerge from Marr seizing a moment of opportunity as the painting was being returned. Their argument goes back further.

It is not accurate that Margaret Bowland never received money for Murakami Wedding. She received a partial payment, in the form of a check whose memo line clearly lists an invoice number and "partial--Murakami," in 2009. Because of a disagreement over another work, Bowland decided after the fact that the payment counted toward the other work, not toward Murakami Wedding.

Be that as it may, it is inaccurate to say Bowland had no knowledge of the sale, when she received partial payment clearly meant for that sale. Ultimately this has no bearing on the conflict between Bowland and Marr, a legitimate argument better suited for a court of law than for the press or the FBI Art Crimes Team.

Neither Bowland nor the National Portrait Gallery could identify the staffer who allegedly told Bowland that Marr called during the exhibition to have the attribution text changed from courtesy of the artist to courtesy of the collector. Marr denies ever doing so.

From what I gathered, the National Portrait Gallery is totally blameless and a third party to this affair. Except for in one respect. The NPG insists on retitling paintings to reflect their subjects, a highly grating practice. Hence Murakami Wedding becomes Portrait of Kenyetta and Brianna. For this they should be prosecuted to the full extent that the law allows.

After reporting it all out, I did not run the story. So I'm sharing some things from the reporter's notebook that I dug up in the process.

Lenny said...

Good new info. I'll ask Bowland to comment.

LC

Lenny said...

After mulling the facts that Kriston mentions in his comment (and I've asked Bowland for a response), it seems to me some things still stand out:

1. The NPG tried to contact Bowland to ask her where to have the painting shipped. Per Bowland, she has emails to an old email account on this issue as proof. They failed to contact her and then contacted her former dealer.

2. According to Bowland, by this time the relationship between her and Marr had ended.

3. If this is the case, then Marr told the NPG to ship the painting to a third party, knowing that she had no right to do so.

I'm not sure if the NPG is thus "totally blameless", but let us say that they were duped or forced to become involved in a dispute over a painting where the rightful owner lost the painting. This is a little Monday morning quarterbacking of course, but in retrospect I am sure that the NPG now wishes that they'd tried very hard to contact Bowland first, especially since they'd been in constant contact with her over other matters.

Kriston Capps said...

Yeah but:

1) the museum didn't have reason to believe it would be bad to send the work back to where it came from, which was Klaudia Marr Gallery,

2) sure, but NPG didn't know that,

and 3) that's on Marr, not on NPG.

So NPG was only "duped" if you are looking at this story solely through Bowland's perspective. The NPG says it just followed instructions to return to sender. Maybe it could have prevented a conflict by getting involved and sorting everything out and holding onto the painting until everyone agreed on the resolution but I do not think they deserve blame for not doing so.

Lenny said...

Fair enough... So then the "key" to the issue is the alleged NPG staffer who Bowland says called her about the wall text and whoever was from the NPG commiserated with her about thieving art dealers...

Kriston Capps said...

Is that really the key to the issue?

If this were a story about an artist and a dealer disagreeing over money, it would not be the first time.

Lenny said...

Yep... That is the key... Because the two parties now have a federal museum in the middle of the dispute with one of the parties saying someone at the NPG knew about Marr and Bowland parting ways and also, someone at the NPG also tried to contact Bowland to see where she (not Marr) wanted the painting shipped to. Only after they couldn't get a hold of Bowland did they call Marr.

Kriston Capps said...

But that staffer cannot be found. NPG says: "According to our loan agreement with Ms. Bowland her painting was to be picked up from and returned to the Klaudia Marr Gallery. At the end of the exhibition Ms. Marr requested that the painting be shipped to a different address. It was our understanding that the painting was being sold."

So they were following the instructions of the loan agreement, which had not been changed.

And it's accurate, too, to say that apparently the painting had been sold. Apparently, the artist has not been paid fully. But that is not the NPG's issue, is it?

Lenny said...

No, it's not the NPG issue that the artist has not been paid. No one claims that.

Seems like we (you and I) are agreeing on Bowland's argument and what I call the key issue: according to Bowland the NPG staffer who "can't be found" is the key.

If the staffer came forward, or Bowland recalls her name, then what's is clear is that (to repeat myself):

1. They tried to contact Bowland to ask her where to ship the painting - no one, including the NPG - debates this happened and there's an email trail according to Bowland. This clearly means that the NPG wanted Bowland to direct them where to ship the painting.

2. No contact with Bowland was made at this point, but according to Bowland: "[the NPG] called and told me that Klaudia Marr wished to have the painting as it was hanging in the NPG attributed to a man she said had bought the painting or was in the process of buying the painting. I told [the NPG] absolutely not.

I had never received one dime for the painting and had no expectations of receiving money for the piece. [The NPG] called again and said that [they] well understood and... we spoke for a bit about the horror of thieving dealers." That's at least two phone calls on the issue, which, if both Bowland and the NPG had been more careful about (and it is easy to say this after the fact), would have prevented this whole episode from happening. Bowland has also stated in writing: "In this telephone call I told the NPG staffer that I had broken my relationship to the Marr Gallery because they had failed to pay me for work of mine they had displayed and sold to collectors, I stated clearly that I was the sole owner of the Portrait of Kenyetta and Brianna, and that the picture should be returned to me. When I saw that the credit line on the painting at the exhibit and in the catalogue ommitted any mention of the Klaudia Marr Gallery I assumed that the telephone call had been sufficient notice to return the painting to me, the acknowledged owner."

3. The painting was exhibited as "Collection of the Artist."

3. After failing to contact Bowland, the NPG then went by their written loan agreement and contacted Marr, who could have said: (a) "Return the painting to Bowland, we're no longer associated (as Bowland claims", or (b) "Ship the painting to third party, it has been sold." This is technically not the NPG's fault, but in Marr involving them in the dispute between herself and Bowland, like it or not, they became entangled in the issue, and the very least they can do (and from their statement it sounds like they may be doing this) is to contact Marr and try to see what they can help with...

But to return to my point: the key issue missing here is the alleged staffer(s) who talked to Bowland on the phone about this.

Kriston Capps said...

To what is this point a key?

There isn't a record of this call taking place. There is a record, though: a loan agreement that instructs NPG to return the photo to the gallery.

Say that a registrar had in fact asked Bowland about changing the attribution text. Say that Bowland said no and that further Bowland had conversations about it with curators or whoever else. When NPG registrars later returned to the file to return the painting, they'd still find the loan agreement, which instructed NPG to return the painting to the gallery.

Further, Bowland has received money for the sale of the painting. Just not the full amount. Is it really up to NPG to settle this issue?

Lenny, it seems like you are saying that because staffers from both the registrars' office and curatorial did not get all up in their business, that means the painting was stolen. But having gotten all up in everyone's business myself, I would not describe it as a theft or even a mistake on NPG's part.

Regrettable, certainly. Having neither the painting nor the money for the painting makes Bowland the justifiably aggrieved party. And true, if NPG stepped in, the issue would probably be resolved more quickly. But as a non-involved third party, why should they? Just because they have institutional strength, that strength should be harnessed to settle a claim between an artist and a dealer?

The injustice of Bowland's treatment notwithstanding -- it really sucks to lose out in a bad deal! -- it does not seem that it's NPG's fault.

Lenny said...

I guess we'll agree to agree on some points of your initial assessment and disagree on others.

But it sounds like you are saying that if tomorrow a staffer at the NPG comes out and says, "yes, I did talk to Bowland, and yes, she did tell me that her relationship with Marr had ended, and yes, she did make it clear that she was the owner of the paingting" nothing would change in this whole mess?

Of course not, because this would have updated the written paperwork and becomes a verbal contract between the owner of the work (Bowland) and the government (the NPG).

When a gallery hangs a painting in a show, most contracts treat those works of art as consignment. Which means that the legal owner of the painting is the consignor (the artist) until paid the agreed commission by the consignee (the gallery).

And I think that (according to your first post) Bowland would debate that she has received partial payment for the painting, since apparently she was owed (and still is) money for a previous sale, so regardless of what Marr wrote in the check memo, one can understand why Bowland would accrue that payment to money past owed.

We agree that if the NPG steps in, this issue would be resolved more quickly. And we may not agree, but I think that they privately feel they've been duped.

Kriston Capps said...

Did they say to you that they feel that they were duped?

Lenny said...

No, that's just what I think and how I would feel if I was in their shoes.

Lenny said...

Margaret Bowland has a response to Kriston's original comment here. However, since it exceeds the max amount of characters allowed by the comments form, it has been instead pasted and added to the original post under Update # 2.

Of interest, it seems that Ms. Bowland has come up with a name for the NPG staffer, as much as I can gather from her response. Seems like we now need to look into that and see if there's more clarity to be added to the issue from whoever that staffer is.

Kriston Capps said...

I don't think it's fair! People should be paid for their work and should not be ripped off.

But if you ask Marr, or if you consult the contract with the National Portrait Gallery, the museum was right to send it off to the collector. Who's right? It's an issue that deserves arbitration.

Lenny said...

Have you seen the contract with the NPG?

How are they right in sending the painting to a third party when they first tried to contact Bowland (evidenced by several emails) to see where Bowland wanted the painting sent?

What am I missing here?

Kriston Capps said...

NPG tried to contact Bowland. When they did not hear back from her, they referred to the instructions in the loan agreement between Bowland and NPG.

It is unfortunate the dispute between Bowland and Marr did not surface at that time, but the reason it didn't is that no one changed the loan agreement that directed NPG to return the painting to Klaudia Marr Gallery. NPG was "right" to send the painting to a third party because those were the instructions they were given. According to their contract, Marr was not a third party but the designated recipient of the painting.

Which is not to say that Marr (or the collector, rather) ought to have the painting. That question is independent of the question whether NPG met their obligations in returning the painting.

Bowland writes:

"I had no idea that the people in registrar were unaware of what was known by the people at the head of their organization and that when confronted with what looked odd, an email address that had not been used in over two years, that the registrar wouldn't have picked her head up, made a phone call, asked a question."

But of course these things happen all the time, and it does not amount to criminal negligence on NPG's behalf that registrars do not phone Brandon Fortune's office before making decisions like how to return a painting.

Anonymous said...

This case appears to split the rule that when choosing between incompetence and conspiracy when something goes wrong, most of the times it is incompetence.

Here I see both a certain degree of conspiracy on the part of the dealer, and a certain degree of incompetence on the part of the NPG (regardless of who knew what and who talked to who, the painting did get shipped to the wrong party according to who seems to be the legal owner of the painting).

Fascinating story though, and I do agree that it is one for the courts to decide, and I do hope the artist presses charges against the dealer.

Rachel

Anonymous said...

Kriston and Lenny sound like a married couple.

Lenny said...

Anon,

After re-reading all the comments you're sorta right...

Geez...