Art Basel accuses ‘fraudulent’ NFT platform of copyright infringement – ARTnews.com

Art Basel, the world’s top art fair, told attendees of past editions in an email that it had sent a cease-and-desist letter to Digital Basel, an online platform it accused of copyright infringement.

In the letter sent on Tuesday which was obtained by ART newsArt Basel said that Digital Basel “bills itself as the digital extension of Art Basel, features many Art Basel exhibitors alongside its artists and reportedly offers digital reproductions or NFTs of original artworks. We would like to clarify that this platform on is in no way associated with or endorsed by Art Basel, and that this is a clear case of trademark infringement.”

According to Digital Basel’s website, it is “a new platform for curated digital art distribution with the ability to showcase artists and their work in a digital dimension.”

On the website, Digital Basel notes that galleries that have exhibited at Art Basel and Liste, a satellite fair that also takes place in Basel, Switzerland, are listed. Prospective galleries can pay $199 to have their art posted on the site, according to that description.

A spokesperson for Liste said in a statement: “Liste is in no way affiliated with this website which fraudulently claims to represent us. On behalf of our galleries and their artists, we vigorously pursue action against those who may infringe artists’ and galleries’ copyrights.”

Digital Basel did not immediately respond to a request sent via the contact form on the website.

In copy on the website, Digital Basel hinted at a direct connection with Art Basel, writing: “Art Basel is going digital. The biggest [sic] The art fair now has a digital twin – Digital Basel.” Such misspellings and grammatical errors are rife on the Digital Basel website, which also claims to “extend Basel beyond Art Basel [by] combine technology, curatorship, agreement verification and introduction [sic] new class of art assets.”

Art Basel has disputed any relationship with Digital Basel, saying the two have no connection. Buried in Digital Basel’s end-user agreement, which is in slightly greyed-out type, at the bottom of the website is an admission of that fact.

“Digital Basel is not affiliated with Art Basel in any form or partnership. All galleries, artworks and prices presented on the website are for indicative purposes only,” it says, despite their association with the art fair being declared throughout the website’s copy. User Agreement , to which Digital Basel says you are legally bound by using its platform, is not responsible for any direct, indirect or consequential damages, claims, losses or liabilities, “in connection with the use or inability to use the Digital Basel platform.”

Among the galleries showing at Digital Basel are Blum & Poe, David Zwirner Gallery and others. Accessing the pages takes viewers to a website where they can purchase artwork NFTs, even though the physical pieces on which the NFTs are based are not themselves for sale. On Zwirner’s Digital Basel site, for example, it is possible to buy an NFT of Kerry James Marshalls When frustration threatens desire (1990) for 4,989 ETH, or $8,720. The work itself is currently on loan to the Metropolitan Museum of Art from April Sheldon and John Casado, and nowhere on David Zwirner’s website is there a listing of an NFT of this painting.

Jasmin Tsou, a founder of New York’s JTT, said Digital Basel’s website even contained errors in the description of her gallery, falsely stating, for example, that she once worked at Greene Naftali. Digital Basel also provided “inaccurate” prices for works sold by her gallery.

In an email, Tsou wrote: “Is it a massive joke? A massive ad to ask how many people are interested in certain images as NFT based on who clicks on what? And if it is, who really cares? Anyone want to buy from this site? Seems highly unlikely. So are they collecting data for another type of fraud that isn’t on the surface?”

Sarah Conley Odenkirk, co-leader of the Art Law practice group and partner at the law firm Cowan DeBaets Abrahams & Sheppard, told ART news“As legitimate businesses see the value in extending their platforms into the digital space to develop new users (and in this case collectors or galleries) and to offer new access to events, services and products, we will definitely see increased efforts from fraudsters who try to align themselves with luxury and high-end brands.”

According to Art Basel, the Digital Basel website was briefly taken down and was made live again. At the time of publication, Digital Basel’s website was still live.

“Art Basel condemns copyright infringement in no uncertain terms, as it threatens the livelihoods of artists and undermines the art ecosystem at large,” an Art Basel spokesperson said in a statement.