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Matters of Baldessari: Estate of the Artist Finds Itself on Both Sides of Litigation

May 16, 2024

Source: ArtNet https://www.artnet.com/artists/john-baldessari/

Source: ArtNet https://www.artnet.com/artists/john-baldessari/

By Olivia Zinzi

The estate of John Baldessari, a 20th century pop conceptual artist, is currently in the midst of two multi-million dollar lawsuits.[1] Baldessari, who died in 2020, may not have anticipated the headache his body of work would trigger involving the Marian Goodman Gallery, AXA XL, and Beyer Projects.

 

Who was John Baldessari?

Baldessari entered the art world as a semi-abstract painter in the 1950s and then pivoted to a wide range of mediums incorporating texts and photography and utilizing colorful Pop Art themes.[2] In the 1970s, he started working in printmaking, film, video installation, sculpture and photography.[3] Baldessari is known as an influential and prolific artist; his extensive collection of works demonstrates the power of language and text in art and the storytelling behind images.[4]

According to The New York Times, he is credited for transforming Los Angeles into a global art hub, and his works are currently being shown at The Broad in Los Angeles.[5] His artwork has been featured in over 200 solo shows and 1,000 group shows in his sixty year career, and included in the permanent collection of museums like the Museum of Modern Art, the Guggenheim Museum, the Art Institute of Chicago, and the Los Angeles County Museum of Art.[6] Notably, his works have been offered at auction multiple times and the record price for a Baldessari piece at auction is $2.517 million for a painting sold at Sotheby’s New York in 2014.[7]

Baldessari worked as an artist both in an individual capacity and through his studio in California and an entity called JAB Art Enterprises, Inc. which became JAB Art Enterprises, LLC in 2006.[8] He lived and worked in Santa Monica and Venice, California. During his lifetime, he was represented by Sonnabend Gallery, Margo Leavin, Mai 36 Galerie, and Galerie Greta Meert.[9] Since 2021, the artist’s estate has been represented by Sprüth Magers Gallery.

Some of Baldessari’s works were made alongside contractors, such as Water on the Brain (2015) and Pineapple (2019).[10] Other works he made entirely on his own, like his Cremation Project (1970).[11] It is common for artists of his caliber to create works using assistance of studio hands and contractors (printers, carvers, metalworkers, etc.) and this is usually treated as a work for hire or joint project where the copyright remains with the artist but proceeds are split or paid contractually. Furthermore, contractual obligations usually survive an artist’s death. In the case of celebrated painter Mark Rothko’s estate, his children filed suit to remove the estate’s executors, the Marlborough Gallery, for “conspiring to waste the assets of the estate.”[12] There are other cases where galleries seek to continue representing an artist after their death but the estate has other plans and cannot stop the contract from being enforceable.

Case 1: Baldessari Trust v. Marian Goodman Gallery

In October 2022, the Baldessari Estate (“the Estate”) filed suit in the Supreme Court of New York accusing Marian Goodman Gallery (the “Goodman Gallery”) of breach of contract, breach of fiduciary duty, breach of obligations under NYACAL Article 12, and breach of negligence and gross negligence.[13] The Estate is administered by Jab Art Enterprises, LLC, Annamarie Baldessari and Antonio Baldessari as Trustees of the John Baldessari Trust, Annamarie Baldessari as Special Administrator of the Estate of John Baldessari and Annamarie Baldessari and Antonio Baldessari as heirs and successors in interest to John Baldessari.[14] The Goodman Gallery displayed Baldessari’s work from the late 1990s until the artist’s death in 2020 and represented the artist for twenty years prior to his passing.[15] During the artist’s lifetime, he consigned over a hundred works to the Goodman Gallery.[16] According to the Complaint, Plaintiffs decided to end this artist-dealer consignment relationship and transfer all of Baldessari’s works to a different gallery.[17]

The Estate claimed that when representatives for its current gallery, Sprüth Magers, went to retrieve the works, some pieces were in boxes with “damaged” labels on them.[18] Plaintiffs discovered many of the works were damaged as a result of Goodman Gallery’s alleged wrongful conduct while the works of art were “on consignment to, in the possession of, and/or under the control of” Defendant.[19] In this time period, the Estate claimed the Goodman Gallery ruined 55 of the artist’s works through grossly mishandling and improperly storing the paintings, resulting in large dents, broken corners, scratches, cracks and water damage.[20] The Goodman Gallery, as consignee and dealer, had a contractual obligation to keep Baldessari’s works free from damage and return the works in the same condition they were in at the time of consignment.[21]

Upon discovery of the damage, Plaintiffs informed the Gallery of the damage to the works and sought payment of conservation work.[22] According to the complaint, neither the Gallery nor their insurer, AXA, would pay for conservation or restoration costs.[23] To date, Defendants have not compensated Plaintiffs for their losses, and the Estate is seeking $21 million.[24]Although the suit alleges that 55 works were damaged, it does not specify which ones or their individual values.[25] Several of the works are considered a “total loss” while others are repairable, based on the Estate’s assessment.[26]

Baldessari has produced over 400 works and was prolific and worked in the genre of multiples. If the case does not settle, the court is likely to grapple with the issue of valuation of the damaged pieces. Which begs the question: what happens to a work of art which gets damaged in the artist’s studio? Do insurance companies offer insurance against this kind of loss and why would AXA not pay for the damage to the works in Goodman’s care.

Case development

In September 2023, there was a development in the case when the Gallery sought to be indemnified by AXA XL, the Gallery’s insurer.[27] The Gallery claimed the injuries to the works were caused by third parties and asked to be indemnified by AXA, meaning AXA would pay the amount owed by the Goodman Gallery to the Estate if the Goodman Gallery were found responsible in the lawsuit.[28]

The Goodman Gallery attributed any alleged damage of the works to “negligence, carelessness, recklessness and/or intentional acts of third persons over whom Defendant had no control.”[29] In response to the filings, the Goodman Gallery and AXA denied the claims and are seeking to have the case dismissed.[30] At the end of 2023, the Parties agreed to enter into mediation and have been working to find a mutually agreeable time for mediation.[31]

Case 2: Beyer Projects v. Baldessari Estate

During May 2023, New York-based production company, Beyer LLC, d/b/a Beyer Projects (“Beyer”) filed suit against Annamarie Baldessari, individually and as trustee of the John Baldessari Trust and Antonio Baldessari, individually and as trustee, of the John Baldessari Trust (the “Trust”). Beyer brought suit against the Trust in the Southern District of New York seeking ownership of works the company alleges it produced for the deceased artist, thus asserting a fifty percent claim to possession.[32] Throughout this partnership, Beyer allegedly spent over $2 million creating over 70 separate sculptures. [33] The claims are breach of contract, breach of implied covenant of good faith and fair dealing, and tortious interference with contract.

Beyer alleges in its complaint that Baldessari did not have the background in or ability to create large-scale sculptures prior to their partnership in 2005.[34] The two parties entered into a series of agreements containing three material aspects.[35] According to the contracts attached to the complaint, first, Beyer would create sculptures in collaboration with John, fully bearing the costs associated with bringing the sculptures to life; second, the agreement provided for one sculpture to be wholly owned by John and one to be wholly owned by the Beyers; third, the remaining sculptures would be co-owned with profits split 50-50 after Beyer recouped its costs.[36] The nature of Beyer and Baldessari’s collaboration is expanded upon in the complaint; Baldessari would orally suggest concepts to Beyer and Beyer would then return with sketches and Beyer would create a small-scale model after oral discussions between the two and would handle the physical details and production of the final large-scale sculpture.[37]

Furthermore, the complaint alleges Baldessari wanted all his sculptures to be displayed together in one gallery and there were only four galleries that had the space and capacity to exhibit the entire collection.[38] The show was expected to run in May 2023 and generate approximately $10 million but the Gagosian Gallery canceled due to ownership disputes.[39] Acting as trustees for the Trust, John Baldessari’s two adult children, Annamarie and Antonio, demanded all the co-owned art as their exclusive property with an exclusive right to profits.[40] The Trust also refused to reimburse Beyer for the production costs liquidated in their contracts.[41]

Case Development

In response to these claims, the Estate filed a motion to dismiss the case claiming there was no breach of contract. A Confidentiality Agreement and Order was entered by District Judge Vernon S. Broderick on August 28.[42] Most recently, in an order filed by United States Magistrate Judge Sarah Netburn on February 12, 2024, the Court addressed a pending privilege dispute over which state’s law should apply to resolve the documents.[43] Another issue was whether the attorney-client privilege between the Estate and its counsel extended to communications with employees of Sprüth Magers Gallery. The parties will brief these issues as the litigation continues. The Trust claimed that the co-owned art was always 100% owned by John and was “on consignment” by the Beyers and the court will now have to examine the contractual language and determine the nature of the relationship between the two parties.[44]

Conclusion

Litigation is costly and when art becomes the subject of a courtroom drama, it either means there is sentimental value or financial value driving the process. Baldessari’s works in question (Camel (Albino) Contemplating Needle (Large), Beethoven’s Trumpet (with Ear), Fake Carrot, Lead Cloud, among others) have yet to be exhibited due to the ongoing controversy.[45] For the sake of Baldessari’s legacy, let’s hope there will be no other lawsuits starting, involving collectors, conservators and other art market participants. Of course, there is always the possibility of the cases settling before they proceed to a trial. These ongoing disputes highlight how the different stages of an artist’s career are in need of careful custodial work and a clear paper trail outlining these relationships. Estate planning and artist dealer relationships work hand in hand to (hopefully) protect artists and their creations long after they are alive.

While Balessari’s legacy is arguably secured given his well-regarded name and recognizable art; however, an artist’s legacy postmortem is not guaranteed and estates have to be careful not to destroy the artist’s honor and influence. The Center for Art Law will be hosting an online program on artist legacy and estate planning clinic on June 12, 2024.

Suggested Readings:

Alex Greenberger, John Baldessari Estate Beleaguered by Lawsuits Over Damaged Art and Canceled Exhibition, ARTNews (Sep. 12, 2023), available at https://www.artnews.com/art-news/news/john-baldessari-estate-lawsuits-marian-goodman-gallery-axa-beyer-projects-1234679459/.

News Desk, John Baldessari Estate Sues, Is Sued, ArtForum (Sep. 14, 2023), available at https://www.artforum.com/news/john-baldessari-estate-sues-is-sued-252983/.

Jori Finkel, John Baldessari, Who Gave Conceptual Art a Dose of Wit, Is Dead at 88, New York Times (Jan. 5, 2020), available at https://www.nytimes.com/2020/01/05/arts/john-baldessari-dead.html.

About the Author:

Olivia Zinzi is a Legal Intern at the Center for Art Law. She is a 3L at Northeastern University School of Law and received her BA in government and art history from Georgetown University. She is an Articles Editor for the Northeastern University Law Review and is interested in intellectual property, corporate law and technology.

Select Sources:

  1. News Desk, John Baldessari Estate Sues, Is Sued, ArtForum (Sep. 14, 2023), available at https://www.artforum.com/news/john-baldessari-estate-sues-is-sued-252983/. ↑
  2. Jori Finkel, John Baldessari, Who Gave Conceptual Art a Dose of Wit, Is Dead at 88, New York Times (Jan. 5, 2020), available at https://www.nytimes.com/2020/01/05/arts/john-baldessari-dead.html. ↑
  3. Tate, Biography: John Baldessari, Tate Britain (2023), available at https://www.tate.org.uk/art/artists/john-baldessari-687. ↑
  4. Tate, Biography: John Baldessari, Tate Britain (2023), available at https://www.tate.org.uk/art/artists/john-baldessari-687. ↑
  5. Jori Finkel, John Baldessari, Who Gave Conceptual Art a Dose of Wit, Is Dead at 88, New York Times (Jan. 5, 2020), available at https://www.nytimes.com/2020/01/05/arts/john-baldessari-dead.html; https://www.thebroad.org/art/collection-exhibitions/desire-knowledge-and-hope-smog-1. ↑
  6. Complaint at 2, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  7. MutualArt, Artist Overview, Mutual Art (2023), available at https://www.mutualart.com/Artist/John-Baldessari/D2F1EF191C02DBE5. ↑
  8. Complaint at 7, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  9. https://www.artnet.com/artists/john-baldessari/biography ↑
  10. Complaint at 7–9, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  11. Allison C. Meier, Why John Baldessari Burned His Own Art, Jstor Daily (Jan. 23, 2020) https://daily.jstor.org/why-john-baldessari-burned-his-own-art/. ↑
  12. Poppy Burton, The Mark Rothko Case: How Greed Rocked the Art World, Far Out Magazine (Aug. 10, 2023), https://faroutmagazine.co.uk/the-mark-rothko-case-how-greed-rocked-the-art-world/. ↑
  13. Complaint at 20–26, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  14. Complaint at 3, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  15. Alex Greenberger, John Baldessari Estate Beleaguered by Lawsuits Over Damaged Art and Canceled Exhibition, ARTNews (Sep. 12, 2023), available at https://www.artnews.com/art-news/news/john-baldessari-estate-lawsuits-marian-goodman-gallery-axa-beyer-projects-1234679459/. ↑
  16. Complaint at 20, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  17. Complaint at 9, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  18. Complaint at 19, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  19. Complaint at 2, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  20. Complaint at 18, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  21. Complaint at 20, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  22. Complaint at 3, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  23. Complaint at 3–4, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  24. Complaint at 28, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  25. Complaint at 23, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  26. Complaint at 25, Baldessari et al. v. Marian Goodman Gallery et al., No. 653792/2022 (N.Y. Sup. Ct. 2022). ↑
  27. Alex Greenberger, John Baldessari Estate Beleaguered by Lawsuits Over Damaged Art and Canceled Exhibition, ARTNews (Sep. 12, 2023), available at https://www.artnews.com/art-news/news/john-baldessari-estate-lawsuits-marian-goodman-gallery-axa-beyer-projects-1234679459/. ↑
  28. News Desk, John Baldessari Estate Sues, Is Sued, ArtForum (Sep. 14, 2023), available at https://www.artforum.com/news/john-baldessari-estate-sues-is-sued-252983/. ↑
  29. Alex Greenberger, John Baldessari Estate Beleaguered by Lawsuits Over Damaged Art and Canceled Exhibition, ARTNews (Sep. 12, 2023), available at https://www.artnews.com/art-news/news/john-baldessari-estate-lawsuits-marian-goodman-gallery-axa-beyer-projects-1234679459/. ↑
  30. Alex Greenberger, John Baldessari Estate Beleaguered by Lawsuits Over Damaged Art and Canceled Exhibition, ARTNews (Sep. 12, 222023), available at https://www.artnews.com/art-news/news/john-baldessari-estate-lawsuits-marian-goodman-gallery-axa-beyer-projects-1234679459/. ↑
  31. Joint stipulation between the parties filed by Plaintiffs on February 15, 2024 (NYSCEF Doc. No. 39)

    JAB Art Enterprises, LLC et al. v. Marian Goodman Gallery, Inc. et al., 653792/2022 ↑

  32. Complaint at 3, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  33. Complaint at 3, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  34. Complaint at 2, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  35. Complaint at 2, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  36. Complaint at 2–3, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  37. Complaint at 8, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  38. Complaint at 4, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  39. Complaint at 4, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN.

    Alex Greenberger, John Baldessari Estate Beleaguered by Lawsuits Over Damaged Art and Canceled Exhibition, ARTNews (Sep. 12, 2023), available at https://www.artnews.com/art-news/news/john-baldessari-estate-lawsuits-marian-goodman-gallery-axa-beyer-projects-1234679459/. ↑

  40. Complaint at 4–5, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  41. Complaint at 5, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  42. Beyer LLC v. Baldessari, 1:23-cv-03819-VSB (S.D.N.Y. Aug. 28, 2023), available at https://casetext.com/case/beyer-llc-v-baldessari-3. ↑
  43. Beyer LLC v. Baldessari, 23-CV-03819 (LTS)(SN) (S.D.N.Y. Feb. 12, 2024), available at https://casetext.com/case/beyer-llc-v-baldessari-6. ↑
  44. Complaint at 5, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑
  45. Complaint at 9, Beyer LLC v. Baldessari et al., No. 23-3819 (S.D.N.Y. 2023) Case 1:23-cv-03819-LTS-SN. ↑

 

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

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