What Do You Give a Life Long Deadhead Who has...

Before he began his musical career, Jerry attended what is now the San Francisco Art Institute. His intention was to become an accomplished painter. Never satisfied, he threw away every canvas he painted; except for 5 that his older brother, Tiff, intercepted as they were headed for the garbage, asking Jerry if he could keep them. “If you want ‘em” was the answer he gave that preserved the only 5 oil paintings in existence painted by Jerry. That was in 1958 or early 1959.

In the early Fall of 2006, the five oil paintings were reviewed by a trusted professional. Upon seeing “In Chair” he declared it to be a work of art qualified uniquely not by the celebrity status of the artist, but as a classic piece in the motif known as Bay Area Figurative Art (1950-1964).

He then referred to Elmer Bischoff as the master artist of the BAFA motif. Jerry studied under Bischoff during his time at the Art Institute.

In November of 2006, “In Chair” was published in a Limited Edition using ‘direct lithography’, a process not involving photographic or photo-mechanical means. Rather, a hand etched Mylar master is required for each of the discreet colors comprised in the original work. “In Chair” required 14 masters.

Within a month of the release, challenges proliferated as to Tiff’s right to reproduce the images given to him 40 years previous. For two years all activity stopped, save legal counsel, and filing for Registered Copyrights for all the art. Legal opinions from non legal sources with desires on the potential revenue stirred the pot of confusion and frustration.

In the beginning of December 2009,Tiff was granted from the US Copyright Office, Registered Copyrights with ALL Rights assigned.

The pricing was decided based on several relevant facts:

1: The rarification (scarcity) factor of these 5 oil paintings documenting Jerry’s early art before he changed to music.

2: Current pricing of the offset lithograph Limited Editions done in the late 80s and early 90s. For example, after his death the image “WETLANDS I” had been sold out the previous year. In the years following, that image went for $6,000 to $10,ooo each. The other 4 large air brush images Wetlands II, Facets I & II and Blue Mountain (Hand signed) were $4,000 to $8,000.

3: Then the prices started to drop because of appearance of “2nd Limited Editions ”. There is no such thing! The premium value that a Limited Edition commands is because you are guaranteed in the original legitimate edition on the Certificate of Authenticity that x number of reproductions of the image were made, plus an additional 10% set aside as “Artist Proofs” or ‘A/P’. So if the edition is declared to be 500 plus 50 A/Ps, then you have 1 of 550 reproductions of that image. By practice, and hopefully integrity, that has been adhered to. In 1978 The State of California put into law(Calif. Civil Code sections 1738 through 1745.5) the requirement that any piece of art sold in, into, or out of the State for $100 or more (exclusive of frame ) required a Certificate of Authenticity stating facts appropriate to the item. Section 1744 (B) States that if an item is offered in a Limited Edition the declaration on the Certificate of Authenticity (COA) as to the size of the Limited Edition is an “expressed warranty that no other Limited Editions exist”. Jerry put his signature on the COA for all of his original, legitimate Limited Editions. The creation of 2nd editions breaks his promise, as well as the law. The oil paintings are the personal property of Clifford Garcia. No other entity has decision capability.

4: The qualification of this piece, “In Chair” being a work of art in it’s own right as a classic example of the Bay Area Figurative Art genre extends the importance of the piece beyond the fact that it was created by a celebrity. In addition, it was felt that it should be priced below industry normal valuation.

Follow the link to www.jerryfineart.com & Keep watching JamBase!