
Friday, September 20, 2024
Mara Firetti
Firetti Contemporary
Unit 29, Alserkal Avenue
Street 8, Al Quoz 1
Dubai, UAE
P.O.
Box 71276
Subject: Return of Artwork, Resolution of Damages, and Termination of Representation
Dear Ms. Firetti,
While we acknowledge the return of pieces returned undamaged, we have concerns which must be addressed promptly, as they raise potential violations of both international and local laws as well as the mutually agreed upon contract of representation between Mr. Santoré and Firetti Contemporary.
We seek to resolve these issues professionally and amicably.
Termination of Representation Without Notification It has come to our attention that Mr. Santoré’s representation with your gallery was terminated without prior notice. Specifically:
Removal from Gallery Website: Mr. Santoré’s profile and artworks were removed from your gallery’s website without formal notification or mutual agreement.
Unilateral Decision: This action effectively terminated our engagement without the required communication or consent, which could violate UAE Civil Code (Article 246) on good faith in contract dealings.
This lack of communication contradicts the standards of good faith and fair dealing as required by both international commercial law principles (such as those outlined in the UNIDROIT Principles) and UAE Law, which could be interpreted as a breach of contract. Under the terms of our agreement, the premature termination without proper notice raises significant concerns about compliance with these laws.
Return of Remaining Artworks and Materials Missing from September 19th Shipment DHL Tracking numbers: 2356380320 & 2356398564 .
We formally request the immediate return of the following items, as per the consignment terms in our agreement:
Missing Remaining Artworks:
- “A CRADLE THROUGH A CIVIL WAR”
42.5 x 71in | 107.95cm x 180.34cm
Acrylic, gauche & watercolor on paper
$5,575.00 - “MENDACIUM HEREDITAS MEA FUIT POEM”
(“My Inheritance Was A Lie Poem”)
Hand painted artist proof, gouache & tempura India ink, oil on the finest archival hot press cotton rag oil paper with hand torn edges.
Unframed: 22” x 30” (55.88 x 76.2cm )
$2,750
Total retail value: $8,325.00
- Certificates of Authenticity for all artworks, as required under clause 12 of our agreement.
- The Original Folder included with the canvas “MENDACIUM HEREDITAS MEA FUIT”
- The Artist’s Book authored by Mr. Santoré.
According to UAE Commercial Law and the terms of our agreement (clause 11), the gallery is responsible for all shipping, handling, and insurance costs in the return of these works. Failure to return these items promptly could be interpreted as a violation of fiduciary duties under UAE Federal Law No. 18 of 1993 (Commercial Transactions Law).
Damage to Returned Artworks , 9 of the returned artworks have suffered significant damage due to improper handling by your framers. Specifically, the method of gluing the artwork to foam core has compromised the integrity of the pieces, making it nearly impossible to remove them without further harm.
This not only devalues the artworks but also damages Mr. Santoré’s professional reputation. Under UAE Civil Code (Article 106) and our contract (clause 9), the gallery is liable for any damage caused while the works are in its possession.
Additionally, the UNESCO 1970 Convention on Cultural Property and the UNIDROIT 1995 Convention emphasize the protection of cultural property, including fine art, and improper handling or negligence could be considered a breach of these international standards. In this case, failure to properly care for these artworks may constitute a violation of both Dubai Law and international principles regarding the safeguarding of cultural property.
Damaged Artworks:
- “TYRANT TO THE HEART”
$7,500.00 - “French Laundry”
$2,750.00 - “Boggie Wonderland V2”
$2,800.00 - “Berlin Wall Red/Green No 1”
$2,750.00 - “Berlin Wall Red/Black No 1”
$2,800.00 - “Pan Am 22×30 Versace Gold”
$2,500.00 - “Pan Am 22×30 Pacific Blue”
$2,500.00 - “Pan Am 22×30 Bazooka Bubblegum Pink”
$2,500.00 - Covid Chaos
$5,700.00
Total retail value of damaged artworks: $31,800.00
Resolution Proposal
We kindly request your proposal for addressing the damages caused. This could include compensation for restoration costs, as specified in clause 9 of our contract, or another mutually agreeable solution.
Under international law, particularly the Berne Convention and UAE Federal Law No. 7 of 2002 (Copyright Law), any further unauthorized use or reproduction of the damaged artworks would also violate the artist’s intellectual property rights, further complicating the matter.
We are committed to resolving this situation civilly and efficiently, given our shared professional connections within the art community.
Please provide a written response within 7 days, including shipping confirmations for the items to be returned and your proposal for addressing the damaged artworks.
Thank you for your prompt attention to this matter.
Potential violations of international law and specific legal frameworks in Dubai concerning fine art:
1. Breach of Contract (International and UAE Law)
- International Law: While contract law is generally handled on a national level, the Vienna Convention on Contracts for the International Sale of Goods (CISG) could apply if the contract includes international parties from CISG signatory countries (though the UAE is not a signatory). However, international trade principles, such as the UNIDROIT Principles of International Commercial Contracts**, emphasize good faith and fair dealing, which may be relevant if the gallery has acted in a manner contrary to these standards by failing to notify the artist of the termination.
- Dubai/UAE Law: Under UAE Civil Code, good faith in contract dealings is also required (Article 246). The removal of the artist’s works and profile from the gallery’s website without prior notice could be seen as a breach of the gallery’s obligation to act in good faith. If the agreement between Santoré and Firetti Contemporary did not foresee such termination or provide specific procedures for it, this may constitute a breach of the contract under UAE law.
2. Fiduciary Duty and Handling of Consigned Artworks
- Dubai Law: In Dubai, when artworks are consigned to galleries, there is an expectation that the gallery acts as a fiduciary for the artist. If the gallery damages consigned works through improper handling or framing, it would likely violate its fiduciary duties under both Dubai Civil Law and commercial laws that govern agency relationships (since the gallery acts as the agent for the artist).
- UAE Federal Law No. 18 of 1993 (Commercial Transactions Law): Galleries acting as agents have a responsibility to act in the best interests of their clients. Damaging artwork due to improper handling may violate this law, especially given that the contract specifies the gallery is responsible for loss or damage (as per clause 9 of your contract).
- International Law: International conventions, such as the UNESCO Convention for the Protection of Cultural Property or the WIPO Copyright Treaty, might also emphasize the need for safeguarding cultural property. While these conventions deal more with the illicit trade of cultural property and intellectual property rights, they still emphasize a duty of care for those handling valuable or culturally significant works of art.
3. Intellectual Property and Copyright Law
- International Law (Berne Convention/WIPO): Copyright issues surrounding the reproduction of artworks are governed by the Berne Convention for the Protection of Literary and Artistic Works, to which the UAE is a signatory. If the gallery reproduced or photographed the artworks without prior consent from Santoré, this could be a violation of Santoré’s copyright under international law. Clause 15 of your contract, which preserves the artist’s copyright for reproductions, supports this protection.
- UAE Law: UAE Federal Law No. 7 of 2002 (Copyright Law) grants artists the exclusive right to their artworks, including the right to control their reproduction. Any unauthorized use of Mr. Santoré’s artwork — whether through photography, digital reproduction, or sale without consent— could constitute a violation of UAE intellectual property laws.
4. Handling of Damaged Artworks
- International Law (Cultural Property Protection): Under international principles such as those in the UNESCO 1970 Convention and the UNIDROIT 1995 Convention , there is an obligation to protect and safeguard cultural property, including fine art. Improper handling that leads to the damage of cultural property could be interpreted as negligence or breach of duty, especially if it impacts the artistic or historical value of the work.
- Dubai Law: As per the UAE Civil Code (Article 106), any action that causes damage to another party, whether through negligence or intentional harm, could result in liability for compensation. The gallery’s improper framing of the artworks (gluing them to foam core) and the subsequent damage could violate this principle, especially since the gallery is contractually obligated to return the artworks in good condition.
5. Certificates of Authenticity and Provenance
- International Law: Many jurisdictions emphasize the need for proper documentation and provenance when handling fine art. The lack of proper handling of certificates of authenticity, as required by your contract, could violate international art market standards. While not directly illegal under international law, failure to provide these certificates could affect the saleability and legal standing of the artwork in secondary markets, especially if the works are being exhibited or sold internationally.
- Dubai Law: In Dubai, where the sale of fine art is highly regulated, the lack of proper documentation could violate UAE Commercial Law. Provenance and certificates of authenticity are critical in verifying the legitimacy of art transactions, and their absence could lead to legal disputes over the ownership and value of the artworks.
Conclusion:
Potential legal violations in this situation include:
- Breach of Contract under UAE Law, due to the gallery’s unilateral decision to terminate representation without notification and its failure to return artworks properly.
- Breach of Fiduciary Duty by damaging consigned works, which could be a violation under UAE Commercial Law.
- Copyright Infringement if the gallery used or reproduced the artist’s work without prior written consent, in breach of both UAE Copyright Law** and the Berne Convention.
- Failure to Adhere to International and Local Standards** for handling cultural property, potentially violating both Dubai Law and international conventions on cultural property and intellectual property.
These considerations provide a framework for claiming legal violations and seeking resolution, either through compensation, restoration, or other remedies. Let me know if you’d like further clarification or elaboration on any specific aspect.
Missing Work
Return of Remaining Artworks and Materials Missing from September 19th Shipment DHL Tracking numbers: 2356380320 & 2356398564 .
We formally request the immediate return of the following items, as per the consignment terms in our agreement:

“A CRADLE THROUGH A CIVIL WAR”
42.5 x 71in | 107.95cm x 180.34cm
Acrylic, gauche & watercolor on paper
$5,575.00

MENDACIUM HEREDITAS MEA FUIT POEM”
(“My Inheritance Was A Lie Poem”)
Hand painted artist proof, gouache & tempura India ink, oil on the finest archival hot press cotton rag oil paper with hand torn edges.
Unframed: 22” x 30” (55.88 x 76.2cm )
$2,750
Damaged Works
Damage to Returned Artworks , 9 of the returned artworks have suffered significant damage due to improper handling by your framers. Specifically, the method of gluing the artwork to foam core has compromised the integrity of the pieces, making it nearly impossible to remove them without further harm.
This not only devalues the artworks but also damages Mr. Santoré’s professional reputation. Under UAE Civil Code (Article 106) and our contract (clause 9), the gallery is liable for any damage caused while the works are in its possession.

MENDACIUM HEREDITAS MEA FUIT POEM”
$2,750

French Laundry
$2,750

“Boggie Wonderland V2”
$2,750

“Berlin Wall Red/Green No 1”
$2,750

“Berlin Wall Red/Green No 1”
$2,750

“Pan Am 22×30 Versace Gold”
$2,500.00

Pan Am 22×30 Pacific Blue
$2,500.00

“Pan Am 22×30 Bazooka Bubblegum Pink”
$2,500.00

Covid Chaos
$5,700.00
