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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 95868
Experience:  Lawyer
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I put an original giclee print into a store on consignment.

Customer Question

HI. I put an original giclee print into a store on consignment. The store had to stretch it and mount it onto a stretcher bar in order to display the piece. I took it out of the store today and discovered that they stamped their logo on the backside of the canvas. Is this something that they are legally allowed to do? If I am able to sell it on my own, questions will now arise as to whether it is my work or not, even if it does have my signature on it. Please advise. I am located in British Columbia Canada. Thank you
Submitted: 4 months ago.
Category: Canada Law
Expert:  Legal Ease replied 4 months ago.

When they did this did they know you were taking it back or did they think they were going to sell it themselves.

Customer: replied 4 months ago.
Thank you for your prompt reply. I went in with a signed contract to leave my work (7 pieces) in their possession a period of 6 months at which time they would have my work displayed in their store to sell. What didn't sell I would take back or re-sign another contract. I asked to be released from the contract yesterday which I was. It was when I got my work home, that I noticed they had stamped the back of the canvas with an ink stamp of their logo and the stretcher bars.
Expert:  Legal Ease replied 4 months ago.
It is not removable is it?How much is your painting worth?
Customer: replied 4 months ago.
Hi there, unfortunately it is not removable. It is stamped in ink. It was selling in their store for $499. My cost to reproduce is approximately $160 before taxes. I asked them to simply replace it but was told to "let it go". Thanks, Dave
Customer: replied 4 months ago.
Here are thumbnails of the stamps put on my work by the store where was work was being consigned. One on the stretcher bar and the other on the canvas.
Expert:  Legal Ease replied 4 months ago.
There's certainly no reason at all why you would let it go. Of course they want you to because they don't want to pay you for what they did.But, if it cost you a certain clear amount of money for you to replace the painting because they did this on the back of it then they are going to have to pay you because the law is that they are required to put in the position you should have been had this not happened.So I cannot see why you would let this go.Do you see what I mean?
Customer: replied 4 months ago.
I understand what you are saying. The next question I guess is would it be worth fighting in court if it came down to it?
Expert:  Legal Ease replied 4 months ago.

Probably not but it makes sense to threaten to sue.

Customer: replied 4 months ago.
Would carry out one of the following make sense to suggest to them??A) replace the canvas giclee print with like kind and quality
B) purchase the existing from me at the same selling price as what I would sell it for and then do with it what they like
Expert:  Legal Ease replied 4 months ago.

That makes good sense to me. Either one would be good.

Customer: replied 4 months ago.
Ok...thanks for your help...much appreciated
Expert:  Legal Ease replied 4 months ago.

You are very welcome. I certainly hope this works out for you.

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