School Lost painting

[quincy]

What is the name of your state (only U.S. law)? Colorado
The School entered my daughters painting in the state art show. The painting was fantastic and there were several people interested in purchasing the painting. I had it scheduled to have it lithographed after the art show and a store was going to sell a set number of reproductions of the art work for us. When it was time to pick up the painting from the school the school could not locate the painting. Their attitude was that this happens every year and other students pick up work that is not theirs etc. There was nothing provided for us to sign prior to the art work being entered into the art show that let us know that they were not liable if the painting was lost or stolen or that there was a possibility that we would never see it again. Had they indicated this up front we never would have let the painting go to the art show. I want this painting back most of all, but if I can no get it back I want the school to have to pay for their carelessness. What can I do?

Because your daughter's painting was entered in a state art show, you have good proof that your daughter in fact painted the picture and owns the copyright in the work. This can be important IF the painting has been purloined and is marketed for sale or the person who has the painting decides to make copies of the painting for sale. Your daughter at that point would have legal action to consider.

How old is your daughter and what sort of school are we talking about?

 

[Ladyback1]

The School

1) was the painting produced as a result of a class assignment?
2) did other students from your child's class have artwork that was also entered?
3) check the student handbook and see what the handbook says about "lost and stolen" items---let us know what it says
4) I think you are grossly estimating the worth of the painting (unless you have already sold the lithographs in advance).

 

[bummed17]

Then how do other students pick up the artwork that may or may not be theirs?

Your daughter's painting was displayed in an art show -- but you have no idea where the art show is held?

The students are allowed in the room to pick up their art work. No one supervises the pick up. No I have no idea were the art show is. The school transports it there and brings it back, well they are suppose to bring it back.

I thought this was a place for legal advise. It does not seem like it. In my opinion if someone entrust you to do something like the school entering art work in the art show and they are assuming the responsibility of transport and return. If there is a possibility of loss theft etc most places have you sign something that indicates that by signing it you realize that there is a risk that the painting could be lost or stolen and that they are not responsible. I would not even think that the school would just say oh well you didn't get it back too bad. The thought never crossed my mind that they would not handle the work with care and have a chain of possession and accountability when handling something so personal. Secondly if you don't disclose to the individual that your artwork might be lost in this process you never really get the chance to say well I think I don't want to take that risk and I'm just going to take the picture now and not take that chance.

 

[bummed17]

Because your daughter's painting was entered in a state art show, you have good proof that your daughter in fact painted the picture and owns the copyright in the work. This can be important IF the painting has been purloined and is marketed for sale or the person who has the painting decides to make copies of the painting for sale. Your daughter at that point would have legal action to consider.

How old is your daughter and what sort of school are we talking about?

My daughter is 18 and it is a state school. I have emails back and forth with the school admitting that they lost the painting.

 

[Proserpina]

The students are allowed in the room to pick up their art work. No one supervises the pick up. No I have no idea were the art show is. The school transports it there and brings it back, well they are suppose to bring it back.

I thought this was a place for legal advise. It does not seem like it. In my opinion if someone entrust you to do something like the school entering art work in the art show and they are assuming the responsibility of transport and return. If there is a possibility of loss theft etc most places have you sign something that indicates that by signing it you realize that there is a risk that the painting could be lost or stolen and that they are not responsible. I would not even think that the school would just say oh well you didn't get it back too bad. The thought never crossed my mind that they would not handle the work with care and have a chain of possession and accountability when handling something so personal. Secondly if you don't disclose to the individual that your artwork might be lost in this process you never really get the chance to say well I think I don't want to take that risk and I'm just going to take the picture now and not take that chance.

Hon, I know you're upset - and yeah, I think it's natural to be upset - but do you really need someone to explain that things can be stolen?

 

[TheGeekess]

I'm wondering if Princess checked with any of the other students that picked up their artwork if one of them had it or if she gave it away and didn't tell Mommy Dearest.

 

[Zigner]

My daughter is 18...

What can I do?

Nothing - this is your daughter's fight.