Fraudulent Sculpture Contest

[twomd]

What do you think of this situation? Has anyone ever had this happen and what are my legal options?

I entered a proposal into a sculpture contest where a winner was supposed to be selected and announced on a certain date and the winning work would be permanently displayed in a park. When the date approached for the announcing of the winner, I was told that no winner was selected and they were looking for sculpture elsewhere.

Nowhere in the competition application or rules did it state that they reserved the right to cancel the competition, pick no winner, and that the judges decisions were final.

I was very upset about this because I spent a lot of time designing my sculpture proposal to fit their theme. I feel that they were obligated to pick the best of the entries as the winner, but they did not pick anyone.

Couldn't this be considered a "breach of contract" or a "fraudulent contest" as they did not complete their end of the deal by choosing and announcing a winner on the specified date. They could have just ran this contest to search for ideas and then commission someone to combine the ideas they liked into the final sculpture.

Look forward to hearing from others.

[Aurora]

I would say you might have a case if you could prove their intent to not issue the award. It might even be an issue of the person in charge not having a clue as to what art is about and if no one produces their vision, then its all considered bad to them.

Keep watch on them and if they produce anything similar to your idea, or anyone elses (see if you can get names of other contestants) then take it to a lawyer. Most lawyers will review your case for free and tell you if you have a chance before they take it.

Its not about the money, its about stopping bad practices.

I had one instance, where my city had issued a contest, gave out the demensions, I designed around those dimensions and the piece that won and finally went up was 1/4 the size. Had I known, I would have designed something that gave a "wow" to a miniture with deeper shadows, and not the detail of a larger peice. All I did was write a nasty letter, but I'm doubting that had much impact.

Keep us posted if you act.

[jwebb]

I experienced the same thing years ago, also for an installation in a Park. Typically, I flew into a rage and wrote them a scathing letter. I also felt there might be grounds for a suit. But, there's not. In the end, they make the rules, and berating them only made me look bad. And I also felt bad, when I got a letter back from a nice old man who was one of the judges, assuring me that they were entirely honest; they just didn't dig my work that much, or any other that was submitted. Crikers! That'd never crossed my mind for an instant. They later gave the commission to a "big name" sculptor from the East, for a very repulsive piece, so I concluded a big name was what they wanted in the first place. Thumb your nose at 'em and go right on.

[Araich]

Originally Posted by jwebb

Thumb your nose at 'em and go right on.

Excellent advice jwebb, IMHO.
Their error was not choosing your work. Once that mistake was made, it really doesn't matter much what happens. Of course it is annoying that the possibility of no choice being made was not stated, but I doubt it can be seen as fraudulent.
Keep good copies of your submissions - and I would consider a method of dating them. This is worth another thread, but I did once hear that an unopened date franked (mailed to yourself) copy stands up in court fairly well as a cheap means of proving your idea was stolen.
At worst, you have some of the ground work done to resubmit your ideas elsewhere... and it brought you to this forum.

[ALH]

Thank you TWOMD for posting you experience. The more aware we are the better chance we have to protect ourselves.

The issue of disappearing commission parameters is one that gets talked about often, at least where I come from. I now take these initial 'requirements' about as seriously as the commissioning organizations themselves do. Other common pet peeves I often hear;

not allowing enough time for the work to be created

demands for the waiver of rights (copyright, moral rights)

changes to the project after it's underway ('what do you mean that costs extra?")

late payment or unreasonable payment schedules (like artists can float a large project)

a lack of maintenance (or vandalisim repair)

decisions on the winning artist being overturned

and

#1 contests that only provides smoke and mirrors for a project that already has a designated artist (often funding requires bidding process)

Of course most contests are on the up and up and supported by/run by a great bunch of people who really believe in the power of public art. It's not getting down but staying down that counts. Just keep Punching!

[JAZ]

Was there an entry fee? (I'll be surprised if you say 'no'). Just wondering.

[twomd]

Why does it matter if there was an enty fee or not?

[anne (bxl)]

Originally Posted by Araich

Keep good copies of your submissions - and I would consider a method of dating them. This is worth another thread, but I did once hear that an unopened date franked (mailed to yourself) copy stands up in court fairly well as a cheap means of proving your idea was stolen.

I jump into your idea and start another thread.

[obseq]

Originally Posted by twomd

Why does it matter if there was an enty fee or not?

Actually, when I read about your dilemma, my first thought was concerning an entry fee.

If you paid a fee to enter your work under the clear understanding that this group would honor the contractual understanding, then they violated what is known as an 'execution of good faith.'

Do you have a copy of any fee reciept, contract, contest outline??

You should really be vigilant about keeping such things under record.

Good luck! Hope everything works out for you.

Keep us posted.

[JAZ]

Originally Posted by twomd

Why does it matter if there was an enty fee or not?

I guess because that might be a factor. There are shows that make lots of money on entry fees, which is okay if they are indeed offering the show they suggest in the prospectus, and often they offer cash prizes with some of the entry money. However, if the opportunity is not as open as was suggested in the prospectus and they are still pocketing lots of $$, then...