Andy Warhol piece feature Wayne Gretzky. (sedinitronic/Twitter)

B.C. lawsuit over Andy Warhol’s art of Wayne Gretzky moves ahead

A Vancouver-based fine art dealer made a deal with Warhol for rights to artwork in 1983

A Vancouver-based art dealer’s lawsuit involving photos of hockey legend Wayne Gretzky taken by American artist Andy Warhol is moving ahead.

In 1983, Frans Wynans, founder of Vancouver-based fine art dealer Cascadia Fine Art, entered into an agreement with Gretzky and Warhol for rights to artwork that Warhol was to create from Polaroid photos he took of Gretzky that year.

Wynans paid Gretzky’s personal service corporation $50,000 and Warhol US$175,000 to obtain certain rights to the art, including six paintings, 300 limited addition prints signed by Gretzky and Warhol, and 50,000 posters.

According to court documents, Warhol took the photos and created the paintings, prints and “presumably” the posters, and Wynans marketed them as outlined in the agreement.

Warhol died in 1987, and as stated in his will, the Andy Warhol Foundation for the Visual Arts was to receive most of his estate, including the photographs of Gretzky and unpublished prints.

Wynans filed a civil claim in 2013, arguing the foundation was marketing the Polaroids in breach of its agreement and that he should be paid damages. He amended the claim to include the unpublished prints in 2015. The Warhol foundation denied Wynans had any rights to the material.

READ MORE: B.C. man not guilty after pouring boiling water on roommate in egg dispute

After five years of delays on both sides, the foundation applied to have the claim dismissed because Wynans was taking so long.

Last week, B.C. Supreme Court Justice Geoffrey B. Gomery ruled the art dealer had failed to take steps to move the matter forward, and so caused an “excessive” and “inexcusable” delay.

The judge said the foundation can reapply to dismiss the lawsuit if Wynans has not issued a notice of trial within 60 days or if he decides to apply to adjourn the trial.



joti.grewal@bpdigital.ca

Like us on Facebook and follow us on Twitter

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Paper Excellence, owner of Crofton mill, hit by malware

Paper production in Crofton, and other mills, impacted by incident

B.C. NDP’s throne speech speaks of benefits to B.C., says MLA Scott Fraser

Fraser agrees to meet with Wet’suwet’en hereditary chiefs over pipeline

Port Alberni’s Old Puckers playing for BC Children’s Hospital

CFOX’s hockey team will make the long trek to central Vancouver Island for the game

BIZ BEAT: Get a head start on spring cleaning in Port Alberni

Chris Fenton walks across a desert to raise funds for ACAWS

Blair says RCMP have met Wet’suwet’en conditions, calls for end to blockades

The Wet’suwet’en’s hereditary chiefs oppose the Coastal GasLink project

Health officials confirm sixth COVID-19 case in B.C.

Woman remains in isolation as Fraser Health officials investigate

Study says flu vaccine protected most people during unusual influenza season

Test-negative method was pioneered by the BC Centre for Disease Control in 2004

Saskatchewan and B.C. reach championship round at Scotties

British Columbia’s Corryn Brown locked up the last berth in Pool B

Resident discovers five discarded hog heads in Vancouver Island ditch

WARNING: Graphic image may be upsetting to some readers

B.C. lawyer, professor look to piloting a mental-health court

In November, Nova Scotia’s mental-health court program marked 10 years of existence

COLUMN: Not an expert on First Nations government structures? Then maybe you should calm down

Consider your knowledge about First Nations governance structures before getting really, really mad

Meet the Wet’suwet’en who want the Coastal GasLink pipeline

Supporters of the pipeline are upset only one side is being heard nationwide

One dead in multi-vehicle collision involving logging truck on northern B.C. highway

DriveBC says highway expected to remain closed until 8 p.m.

Most Read