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ATTEMPT BY CLAUDIA ZANFI AND THE PROVINCE OF EMILIA ROMANA TO DISPOSSES ME OF MY ARTWORK

 

Sassuolo

INSTALLATION VIEWS

THE CASE AND DIARY - INTRODUCTION TO THIS CASE : going public -- read it to get an idea...

 

art theft on the way: work in question:

Rainer Ganahl
ARAB DIALOG WITH KHADRANI MOHAMED HEDI, CIVILIAN DEATH UNAVOIDABLE, 2003 click to see
Arabic text: KHADRANI MOHAMED HEDI; calligraphy: Siyam Mohsen; graphics: Silvano Rutigliano
Production: Amaze, Milano with the generous help of Forme 2000, Sassuolo and VIVA, Sassuolo.
Translation by Siyam Mohsen: I hope for peace for everybody.
Size: 75 cm x 120 cm x 1 cm
materials: ceramic tiles: 12 individual pieces of 25 x 40 x 1 cm, certificate of authenticity
photo: Rainer Ganahl
Hhadrani Mohamed Hedi works in a ceramic factory in Sassuolo and is from Tunesia.

 

I was invited to participate in a group show. The curator asked to get a work for free to be left in Sassuolo, the host city. In all my communications I declined this. I later agreed to leave my work as a loan. I was forced to sign an italian contract which I couldn't properly uderstand but of which I was assured that it was a loan agreement (see letter below). that very uncomplete document later was used to claim ownership. It was also manipulated by the Zanfi.

During all the time of production, I alwasy asked everybody for a proper laon agreement. I was promised a proper loan agreement (see emails below) by the authorities but have never receivedsuch a paper. At one point, I ordered the work to be picked up while there was an official transport from Italy to Vienna. I order the shippers - friend of mine - to do this "side job" which had nothing to do with the museum. The work was a such delivered to Vienna and was intened to be shortly stored in the museum. The museum wasn't informed in order not to confuse the situation. I was also afraid that Zanfi would block the entire shipment of the rest of my artworks - something she threatened me frequently.

A couple of days later in March 2004, Zanfi sent a threat to the Museum of Modern Art Vienna, MUMOK and demanded the return, claiming that the city OWNS IT. The museum in vienna was accused of ART THEFT and concerned about their reputaton. They returned the work immediately. I was not informed in time since I was in Canada. The express return-transport cost 2000 Euro and was paid by the museum taken from my budget for an upcoming show of mine with them.

Email exchange with Luigi Benedetti, the head of the culturall ministry of the region in Modena and Sassuolo, Emilia Romana, agreed that the work was a loan and that should there be a misunderstandng the work would be returned. I agreed again to make it a loan if the proper agreements were reached (insurrance, clear definition of owner ship title, transportation costs open to the museum and upon termination of the laon, as well as timing of the loan) and again I was promised to receive papers or was made believe that I receive papers. they never came.

today, on 6/3/04 , lawyers from Zanfi and the commune are opening proceeding to steal the work from me. (as much as I understand the Italian letter sent ot me today)

 

below see emails and letters:

-------------------------------------------------------

 

below is the document which Zanfi used to claim ownership:

The document was manipiulated - title of the piece was written later - ,it has a wrong date (spet 29 I was in nyc) and that includes wording that I didn't even understand when I signed it against my will in italy. I made it very clearn and I was assured taht this was a loan agreement and that I would be given a proper loan agreement and was asssured that this paper doesn't claim ownership.

here is a letter by Luigi Benedetti who is the head of hte culture ministry of the department of Emilia Romana.

From: Benedetti to me:

On 10/17/03 2:31 PM, "Benedetti Luigi" wrote:

Dear Rainer,
I'll prepare and send you a consignement for the work in Sassuolo as soon as
possible.
It will be a document (in italian) approved by my administration and signed
by me.
I know you're right and I agree with you when you say that artists are
expected to sell their artwork.
But I have only small funds, and I think these funds shouldn't be enough to
but your work.
I don't want to give you the impression I'm haggling about the price, but
unfortunately I can't afford to spend more than 2.000 €.
I hope I haven't offended you, but these are our real possibilities.
With best regards
Luigi Benedetti

 

------------------------------------

the loan agreement was never sent:

below see the letter sent to the museum where they claim ownership:

 

 

 

here is the email, that curator Zanfi sent to Italy declaring the work to be owned by Sassuolo. which is a pure lie. but based on this lie, the museum had no choice but to return the work.

 

-----Ursprüngliche Nachricht-----
Von: Claudia Zanfi [mailto:czanfi@libero.it]
Gesendet: Freitag, 20. Februar 2004 12:03
An: Steyrer, Dagmar
Betreff: missing of our art work
Wichtigkeit: Hoch

already sent by FAX:Dear Mrs Dagmar,
I’m really sorry to announce you that a very unfortunate fact happend during your transportation of Ganahl’s works in Modena.
As we agreed, you should take one big panel in Stazione Provinciale di Modena and various boxes in Forme 2000 Sassuolo. But only yesterday I’ve been advised that your tansport guys went also to the Stazione of Sassuolo to take another NOT MENTIONED PANEL, that belongs to the City.
We have a very clear contract signed by Rainer Ganahl: we produced all his works, and
– as to all the other artistis – we asked to give a piece to the City for public places.
GANAHL SIGNED a contract of agreement about all that.
We have already called our lawyers and they confirmend that the Ganhal’s contract with us and the Municipality is correct and has an international value, before any other succesive disposition.
I realy don’t understand how and why your transports went also to pick up a not mentioned panel, without my agreement!!!
On Tuesday 24 February we’re planning an important PRESS CONFERENCE to the Sassuolo Station with authorities of the city, to show all the works of the public art project “Going Public”,
and to present a new publication on “Mobility and nomadism”.
Therefore I’m also very sorry to announce that if Ganahl panels won’t be there for that date we have to denounce at the police an act of theft against the City of Sassuolo and the hole Municipality of Modena.
It would be very unpleasant if your Museum should be - in a way - involved in that act, of removing a NOT AUTHORISED art work.
Waiting for any proposal,
best regards

claudia zanfi

artistic director MAST
aMAZE cultural lab
via cola montano 8
20159 milano - italy
mobile 338-7642577
tel/fax 0039-02-6071623
mail: info@amaze.it
www.amaze.it

 

------------------------------------

below is the emai that speaks of the same complications and that the work is mine. it was sent after Zanfi sent her letter to the Museum:

it also states that if there was a misunderstanding the work would be given back:

Benedetti: "Obviously, if there was a misunderstanding between you and Mrs.
Zanfi, the
Province of Modena will never claim for property of an artwork that
doesn't belong to her"

-------------------------------------------------------

From: "Benedetti Luigi" <benedetti.l@provincia.modena.it>
To: "rainer" <r>
Cc: "Claudia Zanfi" <czanfi@libero.it>
Date: Sat, 6 Mar 2004 09:27:20 +0100
Dear Mister Ganhal,
I think you should make all this clear with Claudia Zanfi.
In fact, last september I received by Amaze a deed of gift for your
artwork,
and not a loan, signed by Claudia Zanfi / Amaze.
On that basis, the Province of Modena accepted the gift with an her
own act,
binding to preserve and to exhibit your work.
If you want, I can send you a copy of this act.
I was informed that you agreed with Mrs. Zanfi about that solution.
I believe there must be some kind of misunderstanding between you
and Mrs.
Zanfi, and I suggest you to contact her to find a proper solution to
the
problem, verifying the content of the documents you signed.
Obviously, if there was a misunderstanding between you and Mrs.
Zanfi, the
Province of Modena will never claim for property of an artwork that
doesn't
belong to her.
With best regards,
Luigi Benedetti

 

-------------------------------------------------------

 

after this. I was offering again to lend them the piece. the loan agreement never came. I finally demanded again my work back and here is the answer: a legal document:

 

here is the current answer to the Benedetti.

From: r....
Subject: response to Signor Benedetti about the studio legale, 787
Date: June 3, 2004 8:34:03 AM EDT
To: benedetti.l@provincia.modena.it


Dear Mister Benedetti..
here is my response to the legal proceedings I will fight.
Let me shorlty know whether you are part of this or not. whether you are informed by Zanfi about this since your name - provincia di modena - appears here as well.
If that is the case and if you really seem to have changed your mind --- you indicated that you will return me the work under whatever ambivalence there might be - I will have to start not only a media campaign to safe this artwork for theft but will also take up the fight in court. I think it is very unfortunate.
Also, I am very very disappointed that I tried over and over again to make tihs work a loan - though under proper conditions. Nothing has happened. Zanfi kept me waiting and waiting and nothing has happened. Now she wants to go to court.
Please, let me know whether this is the way you want it and whether you word is really so short lived.
I would be very disappointed since i always have looked at you as a decent man.
Best regardsRainer Ganahlps; once again and again: All I ever wnated was a proper loan agreement. Though at this point, I absolutely want my work returned to me.


The legal note sent to me I only understand rudimentarily, I don't fully understand it but try nonetheless to respond.
It looks like Amaze and the Provincia de Modena want to steal from me the title of ownership: I object fully and do not agree on any point.
As much as I can understand this legal document, is not acceptable to me:
The object in question:
Rainer Ganahl
ARAB DIALOG WITH KHADRANI MOHAMED HEDI, CIVILIAN DEATH UNAVOIDABLE, 2003
Arabic text: KHADRANI MOHAMED HEDI; calligraphy: Siyam Mohsen; graphics: Silvano Rutigliano
Production: Amaze, Milano with the generous help of Forme 2000, Sassuolo and VIVA, Sassuolo.
Translation by Siyam Mohsen: I hope for peace for everybody.
Size: 75 cm x 120 cm x 1 cmI never stated or signed that the work in question was given definitively to the city of Sassuolo. The paper I was forced to sign under pressure was very clearly a paper that was not a donation but an uncompleat unprofessional loan agreement about one work. Since I couldn’t even understand the content clearly I was assured verbally that it was only a loan. I insisted over and over, that it is not a donation but a loan.
If I understand this paper correctly, I am very surprised that the Province of Modena is part of this offensive and outrageous attempt to disown me of my artwork. Signore Benedetti assured me in writing that whatever the legal ambivalence might be; the work in question would not be taken away from me.
But now let me look into some of reasoning for stealing the ownership title from me.
I did not measure or calculate the square meters. I cannot tell whether I really received 210 sqm but it is correct that I produced more than we were actually able to show. But the only reason we couldn't show all these works were due to the fact that the city of Sassuolo didn't have the appropriate site to show them. To proof this is easy because the cultural responsible of the city of Sassuolo was looking for a place to show all works. I was fully assuming to show all works made.
The costs: Amaze nor the city of Sassuolo did not have extra costs. The assistants of mine were never paid adequately in the first place and the payment received was a disgrace. 200 Euros for one week of work when alone 10 hours consisted of driving to and from Sassuolo. The second assistant was first not paid at all and only after my pressure was there some payments done which again are in the amount that usually could be juged a tip or lunch money. To both of these assistances I donated pieces.
The provider of the materials VIVA donated their tiles. He too was not only thanked by me but I donated artworks. The same is true with FORME 2000 who also offered us their services and space for free. They also received an artwork by me.
Zanfi and everybody involved were informed about what was going on. Luigi Benedetti came by and saw me working on large panels that we were not able to show. ALL THESE WORKS WERE PRODUCED TO BE SHOWN. the original plan was to make less but when we started working and the work went well we - in accordance with everybody involved - kept working. I did most of the work. I worked almost around the clock every day I was there.
Talking about costs: I want to point out that this was done without creating any costs since I was housed miserably. I have never been housed so badly before. For 15 years I have been invited by local communities to do art projects but never had I been forced to leave an art work, nor was one stolen from me - and this is right now the case with this legal document that wants to transfer the title of ownership - But what is also unprecedented: never ever had I been housed so miserably like in Sassuolo. I was not given a hotel room or an apartment of decent standard. I was put into a housing unit that didn't have any privacy - any of the Arabic workers that also lived there could have shown up. The place was again a disgrace for anybody. Full with rats and mice, with roaches and dirt that it gave me nightmares. Later I was offered to stay in an apartment of a friend of Zanfi in the city of Modena, too far removed from the working place. I rejected. So what kind of the costs is this curator talking? This was nothing but a cost saving operation. Phonecalls? The legal document listed even phonecalls. Phonecalls versus an artwork – that is rediculous?
The art work in question is not a "copia di un'altra opera". this again proves the total unprofessionalism of Claudia Zanfi who is an impostor to contemporary art in my eyes. There is no copy. It is totally legitimate by artists to use the same logo and the same materials twice. I have done that over and over during not only that production. It is in the very nature of the work. The size is different, the look is different, the making is different, the results are different. Different pieces are variations on the same subject.
Now, Zanfi does own the museum of Modern art Vienna the costs of a transport that amount to approximately 2000 Euro. She claimed falsly to be the owner - in the name of the city or the province - and forced an express shipment. The panel of who I am the legal owner was talken by the art handlers in full agreement with me. This shipment was not included in the list to the museum since it was not part of the museum works to be shown there. This was agreed upon on a private basis between the shippers and me – to also bring that work. Since I never received proper loan documents I decided to have this work taken as well from Sassuolo. This was not an affair between the museum and me. While I was away in Canada for a project - where I was properly housed in a proper hotel and not in a sub-sub-sub-standard communal housing that should attract housing inspectors - Zanfi accused the museum of theft, the reason why they immediately returned the artwork as told. I am and I was the only owner of this artwork and therefore didn't need an authorization by anybody else. I authorized the shippers to do so.
Therefore the fact that the museum in Vienna returned the artwork is no proof of anything. The work was never their business. It was only supposed to be stored there for a limited amount of time. The work was not listed because it was none of the MUMOKS business. It was purely between the shippers and me who parked it there. But also due to the fact that the museum was confronted falsely with an "art theft" and I wasn't informed in time they had no choice but to return it since they indeed did find the piece in their storage.
Rainer Ganahl

----------------------------

 

 

FROM HERE THE STORY CONTINUES:

I sent all kind of letters to people, "going public"

Zanfi reacted and one of her responses was the following:

 

from: Claudia Zanfi t>
to
Fri, 04 Jun 2004 15:03:33 +0200
Betreff:
<nessun oggetto>
r.g.
you can see very well that in our lowyer's letter there is the disponibility
to renounce at the City pannel for Sassuolo Train Station,
considering that:
- it was a second smaller copy you did excatly for that space (we have
photos and witness)
- we have a regular contract signed by you (even if date is wrong)
- we agree on producing half of the panels, but we gave all the production
to you, without asking any money!!!
- you're causing a big less to the city, pretending a panel positioned in a
public space, created for that space and for the working people using the
station.
cz

 

 

---------------

from: Claudia Zanfi <ct>
to:
rainer ganahl
Zeit:
Sat, 05 Jun 2004 11:21:05 +0200
Betreff:
Re: <nessun oggetto>-ok, after you fax....yes,
but as you did a lot of noise about the panel,and create a lot of
unconfortable situations,
you have to understenad that now every thing must be clarify in a more
"official way".
So please send my lowyer a fax telling where excatly will go the panel, the
correct address, and conferming that NOTHING is left between you and us and
the public administration of modena.
Only after that letter we can renounce to a....public art work!
And pls tell me also: who will pay the transportation?
I think is very cheap, 150 € max.
Or you can ask De Carlo to get it after our lowyer received your fax.
  cz

 

 

----------------------------



From:
Claudia Zanfi <>
To::
rainer ganahl <
Zeit:
Sun, 06 Jun 2004 17:52:20 +0200
Betreff:
Re: <nessun oggetto>-ok, after you fax....our contract says: you can take all the ceramic production - we repeat: more
than a doble we promised- but you give a panel to the town.
We've never signed any loan!!!
But as every body is really fed up with all this, we give back the panel
without any other condition.
if you want conditions, than we want to be paid for the difference of the
production (100sqmeters) and all our works in these months.
cz


Il giorno 5-06-2004 21:22, rainer ganahl, < > ha scritto:
> -------------------
> don t even try to mix things up
>
> there are 3 aspects:
>
> the proerpty of the work: i tis mine
>
> the costs occured to the museum because of your false claims of
> property and your threats to the museum - that is about 2000 euro
> which needs to be paid
>
> and there is the transport of the work to decarlo (which is of
> course, better then say: transport it to vienna or to nyc.. )
> it would really need ot go to vienna since it was taken away from
> there.. but given the facdt tht you often make the way between
> sasssuolo and milano it could be done informally wihtout a shipper
> and therefore coudl not cost you anythinng..
>
> don't even bother to mix it up
>
> but this time I am no fool and I demand the work back..
>
> you will soon here onnce holiday sa reover

------------------------------------



Von:
Claudia Zanfi <czanfi@libero.it>
An:
rainer ganahl <>
Zeit:
Sun, 06 Jun 2004 17:52:20 +0200
Betreff:
Re: <nessun oggetto>-ok, after you fax....our contract says: you can take all the ceramic production - we repeat: more
than a doble we promised- but you give a panel to the town.
We've never signed any loan!!!
But as every body is really fed up with all this, we give back the panel
without any other condition.
if you want conditions, than we want to be paid for the difference of the
production (100sqmeters) and all our works in these months.
cz


Il giorno 5-06-2004 21:22, rainer ganahl, < >ha scritto:
> -------------------
> don t even try to mix things up
>
> there are 3 aspects:
>
> the proerpty of the work: i tis mine
>
> the costs occured to the museum because of your false claims of
> property and your threats to the museum - that is about 2000 euro
> which needs to be paid
>
> and there is the transport of the work to decarlo (which is of
> course, better then say: transport it to vienna or to nyc.. )
> it would really need ot go to vienna since it was taken away from
> there.. but given the facdt tht you often make the way between
> sasssuolo and milano it could be done informally wihtout a shipper
> and therefore coudl not cost you anythinng..
>
> don't even bother to mix it up
>
> but this time I am no fool and I demand the work back..
>
> you will soon here onnce holiday sa reover


 

AFTER THESE EAMILS I DID SEND A LETTER:



New York 6/8/04

To Claudia Zanfi and Studio Legale


I am asking Claudia Zanfi and the Provincia di Modena to return my
art work “Civilian Death Unavoidable” currently in Sassuolo to me.
I
ask these two parties to physically deliver this artwork to my
Italian Gallery Massimo De Carlo in Milan as my contact in Italy. I
choose this address in order not to create additional costs. This
prevents us from sending it to NYC.
Should my artwork be deposited free of charge at Massimo De Carlo in
Milan, I will not asking for anything else. I will not ask for any
additional costs that have been the result of our dispute. I will
consider all claims and responsibilities between Claudia Zanfi, the  
Provincia di Modena and me as settled and nullified. I also will
understand the return of my artwork to De Carlo as a settlement of
all possible claims that have been or could be pronounced by Claudia
Zanfi and/or the Provincia di Modena against me in relationship to
our collaboration and this conflict. The return of my artwork will
clearly state that I am the owner of this work.  
After the return of the artwork to Milan further discussions about a
possible loan to the city of Sassuolo can be restarted between the
Province and me if there still is an interest.
I hope that this is now an end to this unnecessary conflict.
Best regards


Rainer Ganahl

 

----------------------------------------


from:

Claudia Zanfi
An:
rainer ganahl
Zeit:
Mon, 21 Jun 2004 20:06:18 +0200
Betreff:
Re: eccolo di nuovo..
of course it's the contrary....
but send it to him, he is in charge for us and provincia to aRRENGE EVERY
THING in the best and more correct way.   cz


------------------------------------

 

 

2 YEARS LATER I HAVE GOTTEN MY PIECE RETURNED..

OS IT WAS WORTH FIGHTING

 

 

INSTALLATION VIEWS - see the work

THE CASE AND DIARY - INTRODUCTION TO THIS CASE : going public -- read it to get an idea...

index