My Kitsch Kitchen, Palma, January 30th, 2017
Last Saturday at 18:30 pm, together with a friend, I went to cinema Augusta to watch the documentary The Key to Dali of David Fernández, The documentary tells us the story of a lost work of Dali and how the Majorcan artista Tomeu l’Amo, found it in 1989 rummaging through an antique shop and the process to try authenticate it.
-Maria Julia, do you think it’s a Dalí? My friend asked me when leaving the cinema.
-Uhm! Darling, do not you think this story is too surrealist? I answered her.
The documentary is nice and entertaining and presents an adorable artist who looks like Paul Newman. The applause from the audience at the end of the footage confirmed my suspicion.
Beloved, at this stage of the game I do not want to be a terrible foolish spoiler but the story ends when Nicholas Descharnes puts his signature in the document that authenticates the history of the painting that Tomeu l’Amo found in 1989 rummaging through an antique shop.
When the flames almost destroyed the Castle of Pubol in 1984, the hero who rescued the old painter from the fire was his secretary and friend, Robert Descharnes. It was likely that the fire and the courageous heroism of the secretary, softened the heart of Dalí, because in 1986 he signed a contract with Robert Descharnes to cede to the Dutch company Demart Pro Art B.V the intellectual property rights and commercialization of his work until 2004.
But when in January 1989 the genius died and his will was opened …
Oh la là!
Dalí has apointed the Spanish State his universal heir; the only one who have rights over his intellectual property.
What a mess!
In 1994, the Spanish Ministry of Culture informed Robert Descharnes that his contract was invalid and should refrain from any intellectual property management of the Dali work. Somewhat later, in 2000, the Gala-Salvador Dali Foundation filed a complaint against Robert Descharnes, the president of the Dutch company Demart Pro Arte BV, with the knowledge and authorization of the Spanish Ministry of Culture. Demart Pro Arte BV decided to present legal battle to the Foundation and to continue exploiting the copyright in several countries.
Summarizing the Dalí imbroglio: the Gala-Salvador Dali Foundation and the Spanish State do not recognize the contract signed by Dalí with Demart Pro Arte BV.
Finally, in 2004, after years and years of litigation, the company Demart Pro Arte B.V had agreed to the demand raised by the Gala-Salvador Dali Foundation and dissolved Salvador Dali Pro Arte Trust. The Foundation became the full owner of the entire capital stock of Demart and assumed management under a single administration. The agreement also contemplated that the Foundation desists from taking legal action against Demart and Demart withdraws all legal actions initiated against the Spanish State, the Dali Foundation or third parties in those matters that affect the discussion of intellectual or industrial property rights.
P.D: So, any Dali work that could be accepted in an auction house to be raised in the ART MARKET for billions of euros?
It´s easy. Works who provide a certificate verified by the Gala-Salvador Dali Foundation.
Rien de plus.