Every few years, it happens. A buy sell booth makes it through our careful deliberate process. I'd like to explain how that happened, and why we can't do more about it.
A painted metal artist this last weekend at the Clay, Glass and Metal Show should not have been included in the fair. While he was possibly an artist, the style and quantity of work he showed indicated that at least a good amount of his work was imported.
So how did he get in?
1) He made it through the jury made up of three artists committee members and two outside artists. All work in mediums related to our focus. Clearly his body of work was only part of what he ended up displaying.
2) He made it through our vetting process, which starts before jurying and never really ends. Potentially suspect work requires extra attention. I don't like to think that I "profile", but we do target certain artists. If an artist with suspect themes applies, I take extra steps to assure the legitimacy of the work. Of course we also do some research on other artists. This "artist" was an award winner in other shows, with no negative online reviews we could find. He had been in high quality art fairs including a major local event. Perhaps he started out legitimate and crossed the line more recently?
3) He made it through set-up. My crew is very busy at check in and move out during the show. We do keep an eye out for buy-sell artists or people who bring different work than they submitted, but with 120 artists and limited time, it's impossible to see everything before opening. This "artist" moved in around 9 a.m., just an hour before the show started. Our site review team identified the problem shortly after opening and well before any of our participating artists notified us.
4) I went right to the booth and spoke with him. He showed articles "proving" that it was his work. He also had articles showing his awards. I told him that he had violated the contract and would have to leave. He refused. More on this later.
5) One of my regular artists showed me a series of comments made after opening on an artists-only site (not accessible to me as a promoter). I went to the reporting artist to commiserate with her and let her know that I agreed with her assessment. (Incidentally, that site states that it does not permit artists to name artists suspected of buy-sell).
OK then, Why was the individual allowed to stay?
Many people do not understand this. The false artist is in violation of contract law- a civil infraction. Police cannot take immeadiate action on civil infractions. I have checked this multiple departments and with my lawyer. They all say the same thing. I have listed the process at the bottom of this document.
It takes a long time to evict someone violating a contract. Perhaps some of you have been on either side of that kind of dispute. The legal way to remove someone takes time, and cannot be enforced by police until an order has been issued. The steps are listed at the end of this document.
Criminal law is enforceable right away. Were I to physically remove the person or his materials, I am acting criminally, and the police can arrest me or my crew for assault on property and or person.
More than one artist has suggested that I should block access to the booth. I tried posting a staff person in front of a booth once, and the disruption it caused to the show did not help anybody, nor did it cause the violator to leave. Many of us have witnessed people loudly defending themselves even though they are clearly in the wrong. The news story becomes "those mean artists and promoters are picking on another artist who is just trying to make a living."
I have read about shows that have been able to oust artists, and even get police support in doing it, so I know it is possible. Yet the efforts that I have made have not proven fruitful.
Violators are not invited back. We do maintain a list of artists who for reasons such as this, we decline for all future shows. Not a satisfying solution, but maybe the best one available.
If you have viable solutions to propose, I am thrilled to hear from you. Or if you have practical ideas on improving the vetting process send those my way too.
And if you are a promoter, or on a jury, and you see a name like NAME REMOVED I have been advised that I need to remove this. come up, you may want to give it extra attention. This is not at all related to this blog post. If it were I could be sued and then the burden of proof is on me to prove my point. Like I said, at least one artists only web site disallows listing names, perhaps for that very reason.
I am told that these are the steps for enforcement of a civil law:
Step One- Present a three day notice...
Step Two- After three days hire an attorney to file in court...
Step Three- When court approves, serve court notice...
Step Four- Wait five days and then a date for trial can be scheduled...
Step Five- Court will set date for within 20 days...
Step Six- After judgement serve a five day notice for compliance...