Thursday, February 4, 2010

It's Complicated

It’s Complicated; or, And Now for a Completely Gratuitous Moment of Unconcealed Self-Promotion

Jerry Cullum

The retail value of Image Not Available as listed online for the 11th Annual Art Papers Auction ( is for the artwork illustrated only. The originally listed retail value, not amenable to automated formats, was “It’s complicated.”

As set forth in a framed artist’s statement, which should appear above the artwork on the wall and which has been added free of charge as an additional incentive for bidding, the shape of the final artwork will be determined by the final purchase price and by factors to be determined by the artist.

The "value" of the final artwork is thus a variable function of the final auction sale price.

If and only if the price and other concealed but arguably rational factors make the gesture appropriate, the artist will provide an explanatory text that completes the artwork, for the purchaser’s exclusive use and enjoyment. If any of the unstated conditions are not met, the artist reserves the right not to provide such text, or to make such text publicly available to any such persons as he deems fit. The definition of “arguably rational factors” shall be determined by the artist and not by the purchaser and need not be disclosed upon delivery of the artwork. Image rights to the nonverbal components of Image Not Available are to be made publicly available to all potential users for noncommercial and scholarly purposes by Creative Commons license, or something like that that meets the actual requirements of legally binding description of availability.

I just thought y’all ought to know.

If a spoilsport Buys It Now, you won’t get to go through all this fun. The Complimentary Framed Statement will be yours to keep in any case along with the original artwork, to avoid pointless legal proceedings. Rights to the text of the Complimentary Framed Statement, including the production of subsequent limited or unlimited editions of said Statement, are retained by the artist for his sole use and for any such purposes as he deems fit. Purchaser may quote said text under current laws governing Fair Use.

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