• Report: #945609

Complaint Review: Andrew Weiss Gallery

  • Submitted: Mon, September 24, 2012
  • Updated: Wed, May 14, 2014

  • Reported By: Disgruntled Collector — Los Angeles United States of America
Andrew Weiss Gallery
10511 Andora Ave Chatsworth, California United States of America

Andrew Weiss Gallery Misrepresentation, Art Forgery of Photos of Marilyn Monroe by George Barris Chatsworth, California

*Consumer Comment: Andrew Weiss Gallery Scam

*REBUTTAL Owner of company: Rebuttal

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The Andrew Weiss Gallery is a SCAM! The photos from 1962 of Marilyn Monroe that were taken by George Barris and supposedly signed by George Barris, were never signed by George Barris.

I'm a avid collector who bought 3 pictures of Marilyn Monroe from the Andrew Weiss Gallery that were supposed to be taken and signed by George Barris of her in Malibu.  I took them in for appraisal and found out that George Barris never took pictures of Marilyn in Malibu.  The appraiser told me they were copies of printed copies and were worthless.  I called Andrew Weiss to get my money back.  I spoke to a girl who said Andrew Weiss wasn't there but he would get back to me.  He never did.  I called again and was told he was out of town for a few weeks but would call me back.  Around then I began to get the picture.  ART FRAUD! 


This report was posted on Ripoff Report on 09/24/2012 12:22 AM and is a permanent record located here: http://www.ripoffreport.com/r/Andrew-Weiss-Gallery/Chatsworth-California-91311/Andrew-Weiss-Gallery-Misrepresentation-Art-Forgery-of-Photos-of-Marilyn-Monroe-by-George-945609. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 1Consumer 1Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

Andrew Weiss Gallery Scam

AUTHOR: San Diego's Super Lawyer (Intellectual Property Law) - ()

We had a client come to us expressing concern about the authenticity of purchased Marilyn Monroe photographs by George Barris. The separate purchased items were sold by OneWest Publishing on Ebay and The Andrew Weiss Gallery. Our forensic document examiner team found out the items were counterfeits and the signatures were forged. After my research, I found out that the sellers  OneWest Publishing/OneWest Media and Andrew Weiss Gallery conducted business together and have been misleading the public around the world for years with there fraudulent claims of ownership and twisted, misinterpreted court judgment. 

The owners of Andrew Weiss Gallery (Andrew Weiss)  and OneWest Publishing (Chuck Murphy) do not have the right to License, Distribute, Reproduce or negotiate George Barris' work.

The judment Andrew Weiss mentions (Edward Weston vs. George Barris)  only indicates The Limited Editions "Physical Possession" and never mentions copyright. This judgment was rendered by the State Of Califorina. Copyright is a Federal Law and can only be addressed in Federal Court.

The owners of the Andrew Weiss Gallery and OneWest Publishing are infringing on George Barris Trademark Signature and Copyrights seen below: 

www.uspto.gov Registration Number 4372084 

 http://www.copyright.gov/laws/

 

Trademark Violation and Court Actions

If a trademark violator continues to use the mark after receiving a cease and desist letter, the trademark holder may bring a court action for an injunction. An injunction is a court order demanding that the violator cease all use of the trademark or suffer further penalties at the hands of the court. The trademark holder may also seek monetary damages and attorney's fees when requesting an injunction, but absent a showing of bad faith, these remedies may be hard to obtain.

Severe Penalties

In the case of severe violations -- for example when a violator is using a trademark to sell counterfeit goods or blatantly violating trademark law -- courts may issue criminal and civil penalties. Civil penalties may include compensating the trademark holder for lost profits or paying the trademark holder all profits obtained by the infringement. At the discretion of the court, the damages awarded to trademark holders can be tripled. Finally, counterfeiting trademarked goods can carry a felony charge under the United States Anti-counterfeiting Consumer Protection Act of 1996.

 

Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act.  There are three elements that must be in place in order for the infringement to occur.

1 The copyright holder must have a valid copyright.

2 The person who is allegedly infringing must have access to the copyrighted work.

3 The duplication of the copyrighted work must be outside the exceptions.

4 Infringer pays the actual dollar amount of damages and profits.

 

The legal penalties for copyright infringement are:

1 Infringed.

2 The law provides a range from $150,000 + for each work

3 Infringer pays for all attorneys fees and court costs.

3 The Court can issue an injunction to stop the infringing acts.

4 The Court can impound the illegal works.

5 The infringer can go to jail.

If anyone has any information or comment, please contact us by replying to this post.

If you would like to report any fraudulent activity by these two companies, file a report at http://www.iprcenter.gov/

 

The National Intellectual Property Rights Coordination Center (IPR Center) stands at the forefront of the U.S. government’s response to global intellectual property (IP) theft.

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#2 REBUTTAL Owner of company

Rebuttal

AUTHOR: Andrew Weiss - (USA)

I am Andrew Weiss, Owner of the Andrew Weiss Gallery.  I am writing this rebuttal to address these false allegations contained in this malicious and slanderous post. I have been in this business for almost 45 years and would never jeopardize my reputation, credibility, integrity and most certainly my business for any sale let alone a sale for $475.

I have tried to resolve this issue of the incorrect information given to this woman known here as "Disgruntled Collector".  I have called her numerous times since becoming aware of this post and she refuses to speak with me.  I have also mailed her a Certified letter and emailed her, as of this writing she has yet to respond.

In the letter I requested a copy of the appraisal which she has yet to produce and did not attach to her complaint on this site. She has not requested a refund nor did she purchase three pieces, she purchased one for $475.

In addition to posting the letter sent  to "Disgruntled Collector" along with the post office receipt I am also posting the Judgement rendered in favor of Edward Weston against George Barris whose estate I purchased in 2012 which clearly states authenticity and ownership of the 238 photographs by George Barris known as "The Last Photos".  These photos offered by my gallery have been made available for sale since 1987 without incident.  All George Barris photos my gallery offers are from the collection of Edward Weston who was the exclusive publisher of "The Last Photos" of Marilyn Monroe shot in 1962 and published in 1987.

So please take a moment to read the letter I have sent to "Disgruntled Collector".  I believe this will clear up this obvious misunderstanding and incorrect information. Anyone with questions is more than welcome to contact us. Obviously the information to reach me was given above by "Disgruntled Collector".

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