HOVSEP PUSHMAN Vtg XRare 1968 Collotype WHEN AUTUMN IS HERE New York Graphic Soc

Description: WELCOME EBAYERS! MEIBOHM FINE ARTS, INC. is pleased to be serving the community and art enthusiasts for over a century. A reputation for personalized attention and customer service is an important part of this family business. Residential and commercial clients benefit from our knowledge of the art world, our experience in quality custom framing and from our extensive inventory. We hope we can be of service to you. Please check back often for our future listings on eBay or put us in your "Favorite Sellers" list. We have thousands of Antique, Vintage, Mid Century & Contemporary Prints, Original Artwork, and Etchings etc, that are in our archives, and most of which have not seen the Light-of-Day in over 75+ years or more. Thank you for looking, happy bidding and good luck!!! -From Grace Meibohm & the Staff at Meibohm Fine Arts, Inc. OUR QUALITY & RARITY CODES: QUALITY CODE: (Note: Older paintings or original artwork of any kind may be rated somewhat differently based on the codes below, due to the normal aging properties of the different mediums used (ex: normal paint cracquelure with older paintings, toning of paper, foxing on older pieces, etc...). · Excellent+Museum Quality, with no damage or visible imperfections. ·ExcellentAlmost perfect given the age w/minimal imperfections,minimal blemishes. ·VeryGoodAbove average w/minor imperfections given the age, or minor blemishes. ·GoodAverage imperfections given the age, or moderate imperfections or wear. ·FairBelow average with more imperfections given the age, or with more wear. ·BelowGradeWith clear imperfections and/or possibly in need of minor restoration. ·BelowGrade-With clear imperfections and/or possibly in need of serious restoration. RARITY CODE: · Rare++Unique, one of a kind, or an original on the open market. ·Rare+Very uncommon and/or very difficult to find on the open market. ·RareUncommon and/or moderately difficult to find on the open market. ·PopularFrequently encountered, common and easy to find on the open market. All Measurements Are In Inches; Height Precedes Width. Note: All items are sold "AS IS/AS DESCRIBED", to the best of our knowledge, research and ability. ITEM DESCRIPTION: Here is an Absolutely Beautiful Ultra-Rare Historically Significant & Controversial OOP (Long Out-of-Print) Vintage 1968 Color Collotype Lithograph Depicting an Still Life Scene with an Indo-Chinese Statue, Small Pot & Wilted Rose and the Tibetan banner of the Goddess of Mercy titled, “When Autumn is Here”, after the original 1930 oil-on-panel painting by the famous listed painter, ‘Hovsep Pushman’ (Originally Pushmanian, Armenian-born American, 1877-1966), whose printed signature appears lower-right in the image corner. Controversy and History of Pushman’s Painting & Pushman v. New York Graphic Society, 287 N.Y. 302 (1942): Incidental to its artistic merits, Pushman’s original artwork played an important role in U.S. copyright law in 1942. The plaintiff, Hovsep Pushman was an artist that finished a work titled When Autumn is Here in 1930. That same year, Pushman gave the painting to Grand Central Art Galleries to arrange a sale of the work. Upon giving the painting to Grand Central Art Galleries, Pushman did not negotiate any reservation reproduction rights. Grand Central Art Galleries then sold the painting to the University of Illinois for $3,600. The painting remained with the University until it sold reproduction rights to the defendant, New York Graphic Society (NYGS). Pushman sued for an injunction against the NYGS in 1940 for the reproduction of the painting. In Pushman v. New York Graphic Society, 287 N.Y. 302 (Argued December 9, 1941, Decided January 15, 1942), the defendant moved to dismiss the complaint, and the motion was granted by the trial court and affirmed by the New York Supreme Court, Appellate Division. The case was decided on January 15, 1942 and that very same day, the NYGS published the lithograph. Interestingly, via research, Pushman himself had previously reproduced the painting “When Autumn is Here” along with three other works, The Enchanted Rose”, “The End of the Trail” and “The Golden Age” on August 14, 1940, most likely hoping to get a jump on the NYGS’s forthcoming publication of his painting it would seem—but, it does raise an interesting question about how he was able to do that after NOT reserving reproduction rights with the previous brokered sale through the Grand Central Art Galleries and then the University of Illinois as well, who had sold the reproduction rights to the NYGS. The case, decided by the New York Court of Appeals held that, while the copyright in a work of authorship is distinct from the tangible embodiment of the work, if the only tangible embodiment of the work is transferred the copyright is also presumptively transferred. But, on the authority of the case Parton v. Prang, the court held that to reserve the copyright when the sole tangible embodiment of the work is transferred, the author must make an express reservation at the time of the transfer. The court held that Pushman’s sale was unconditional because he did not expressly reserve any rights at the time of the transfer. The holding in Pushman created what was subsequently termed the “Pushman presumption”, which required an author to expressly reserve rights when transferring the chattel that embodied a work or risk transferring the rights as well. The holding in Pushman was criticized and subject to various statutory and judicial limitations. Pushman was abrogated by § 202 of the Copyright Act of 1976, which establishes that the transfer of a tangible embodiment of a copyrighted work does not of itself transfer the copyright. Pushman’s sons, Armand & Arsene Pushman later renewed their father’s copyright on the painting “When Autumn is Here” on July 2, 1968 along with the three other works from Hovsep Pushman’s original self-published 1940 reproductions. (Source: Wikipedia; modernredux site; casetext site, “Pushman v. New York Graphic Society”; Catalog of Copyright Entries, “Works of Art: Renewal Registrations”. January-June, 1968) Publisher & Litho Info: The publisher copyright & name, ‘Copyright New York Graphic Society’, appears printed lower-left just beneath the image in the bottom outer margin area and their printed copyright & initials, ‘© NYGS’, appears lower-left in the image corner; The NYGS old Trademark shield logo appears lower-middle just above the info box with the artist’s name & birth date, title, medium, size & collection info, ‘Hovsep Pushman, (American, 1877- ), WHEN AUTUMN IS HERE, (Oil on panel, 23” x 16”, undated), University Art Collections, College of Fine and Applied Arts, University of Illinois, Urbana, Illinois’, and the printing info, ‘Printed in Switzerland’, appears printed lower-right respectively; and the inventory number, ‘6611’ (AKA 611), appears printed upper-right in the outer margin corner. The Collotype is on a nice heavy-weight ivory-colored wove paper stock. Size & Condition: The size with wide margins is 30-5/8” x 21-15/16”, Image size is 22-3/4” x 15-11/16”. The Collotype is in VeryGood-Excellent Rare+ condition for its vintage age with absolutely no color fade—rich fresh, color & tones. The Litho has been in a drawer in our archive amongst other prints & lithos since it was purchased by the Meibohm family and hasn’t seen the light-of-day in all this time and is as good as any collector could hope to find in its original never-framed condition. Minimal tiny & faint foxing specks scattered here & there on the sheet which are only barely noticeable here & there in the outer margin areas and aren’t really worth mentioning. There is slight & small crescent-creases scattered here & there in the image area, which also aren’t really even noticeable except from behind, and other slight small creases scattered here & there in the outer margin areas, along some outer margin edges with a little more-pronounced creases along the top outer margin edge, as well as in the outer margin corners with some associated small dog-ear bends, and minimal outer margin edge wear with some dings & dents here & there and one ultra-tiny 1/8” outer margin edge dent-tear on the left edge lower-left (near the corner) which is repaired from behind with clear archival tape for protection—all outer margin issues are completely negligible since they can easily be trimmed off or matted & framed out. Minimal/negligible no significant toning of the paper stock from age noticeable, especially amidst the ivory color of the paper stock itself. This rare collotype art print has never been framed which is always more desirable to collectors since it has never been exposed to older non-archival materials, matburn or lightfade. PAYING FOR YOUR ITEM: DOMESTIC PAYMENTS: are made via PayPal (Preferred) and WE REQUIRE FULL PAYMENT WITHIN 4 DAYS OF AUCTION CLOSE, otherwise an 'Unpaid Item Dispute' will be opened & filed automatically by eBay. After that time period, we reserve the right to sell the artwork to another buyer or back-bidder and you will also be blocked from any of our future auctions. Note: UPS covers up to the 1st $100.00. Please see 'Our Shipping Policy' below *As a result of the newer sales tax laws, we must collect sales tax on all items (including S&H) that ship to: New York, Massachusetts, Connecticut and all others on the eBay list. INTERNATIONAL PAYMENTS (IMPORTANT!!!): Payment is via PayPal ONLY, in $USD (United States Dollars) and no other form of payment will be accepted (NO W. Union, NO International M.O.'s (NO $ Orders), NO Cashiers Checks, NO Outside PayPal Bank Transfers). The 'Buyer' is completely responsible for any 'Currency Exchange' Fees. WE REQUIRE FULL PAYMENT WITHIN 4 DAYS OF AUCTION CLOSE, otherwise an 'Unpaid Item Dispute' will be opened & filed automatically by eBay. After that time period, we reserve the right to sell the artwork to another buyer or back-bidder and you will also be blocked from any of our future auctions. OUR SHIPPING POLICY: WE SHIP TO: The U.S. & WORLDWIDE (Excludes: China, Korea, South, Russian Federation, Haiti, Hong Kong, Taiwan, Ethiopia, Ghana, Nigeria, Somalia). IMPORTANT NOTES: We ship all of our Antique & Vintage Items Safely & Securely Hardpacked & Secured in between Oversized Cardboard, AND/OR shipped in Heavy-Duty Tubes with Archival Paper or Glassine with Bubble-Wrap added for Protection. Our customers have greatly appreciated their well-packed & well-protected artwork as our feedback clearly shows. -We have unfortunately been on the receiving end of poorly-packed artwork and we wouldn't wish that on our worst enemies. ***To save our customers MORE $$$, ALL Shipping Rates (Domestic & Overseas) 'DO NOT' include Handling/Packing Fees and are extremely close to the 'Actual Shipping Costs' based on eBay's (estimated) Shipping Calculator that we use exclusivley on all of our auction listings. "eBay's SHIPPING CALCULATOR": We exclusively use eBay's "SHIPPING CALCULATOR", which is built right into the auction page itself and is accessible at the top of the page via the 'See all details' or via the 'Shipping and Payments' tab next to the 'Description' tab at the top of the page. You simply type in your Zip Code or choose your Country from the Drop-Down list provided & it displays the shipping amount for you. HAWAII & ALASKA, would be shipped by either USPS Priority Mail or UPS 2nd-Day Air. *DOMESTIC BIDDERS PLEASE READ: -For U.S. (lower 48 States): We normally ship via USPS (United States Postal Service) or UPS-Ground as an alternate choice. We recommend UPS since they cover up to the 1st $100.00. We will provide a tracking number and will email it to you when the item(s) have shipped. SHIPPING RATES: In the continental United States are based on the estimated size of the item (with extra spacing for Hardpack and/or Heavy-Duty Tube & Bubble-Wrap for protection) & estimated final weight. HAWAII & ALASKA: Would be shipped via USPS Priority Mail or UPS 2-Day Air based on estimated size with extra spacing for hardpack and/or shipped in a heavy-duty tube, bubble wrap and estimated final weight. **INTERNATIONAL BIDDERS PLEASE READ (IMPORTANT!!!): -For CANADA & WORLDWIDE: We normally ship via USPS International (United States Postal Service), within their size restrictions. Please see USPS for further information regarding your country and its respective 'Rate Charts', complete information & 'Conditions for Mailing'. We would fill out the appropriate Customs Forms and provide the 'Winning Bidder' with the 'Customs Number' via email as soon as the item has shipped (Items can be tracked via USPS). PLEASE NOTE: Any Customs Clearance or Import Duty Fees and/or Taxes (normally collected upon delivery and/or pickup), are the 'Winning Bidder's' sole responsibility, and are not included in the item price or the shipping charges. *Please check with your country's Customs Office/House prior to bidding/buying to determine what those additional fees will be*. We normally ship within 2 business days of cleared payment, but PLEASE NOTE: Please allow extra delivery time for your item(s) to clear all Customs Houses (U.S. and Abroad-typical delivery time about 14 business days +/-). 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Due to the Antique/Vintage nature of MOST of our items, at our discretion we ship items flat or in heavy-duty tubes and they are securely & safely packed with each item wrapped in packing paper or archival glassine, then secured in between oversized cardboard or rolled in a heavy duty tube, then bubble-wrap is added, as per the item's specifications. Smaller items (like postcards & small prints) will also be securely & safely packed with each item wrapped in packing paper or archival glassine, then secured in between oversized cardboard, then shipped in a bubble-lined envelope. *UPS DOES NOT SHIP TO P.O. 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If you are not satisfied with the item for any reason or feel the item is significantly different than as described honestly above- Simply return the item within 14 days of 'receipt of the item' in the same condition as received, for a full refund including the initial shipping fee. -Note: Refunds are applied in the form they were received. PLEASE KINDLY REMEMBER: Your 'Winning Bid' is a contract. Remember, that as the 'Buyer', you enter into a legally binding contract to purchase the item from the 'Seller' Meibohm Fine Arts, Inc. Please read through all of our 'Selling Policies' listed above and please be aware of what you are bidding on and feel free to ask any questions, or research the item BEFORE placing a bid. EMAILING US: eBayers, at all costs, please use eBay's email system only (no outside email addresses) with any questions you may have. eBay's email system GUARANTEES we get your email and more importantly, that you get ours. A lot of servers in the last few years have started using newer SPAM filters, and there have been a lot of problems with GOOD emails not getting through correctly, and being returned as undeliverable. We have had numerous problems in the past communicating with our eBayers outside of eBay because of it. COLLECTORS & DEALERS: Please DO NOT email us (inside or outside of eBay's email system) with any offers to stop an auction early. It would not be fair to the rest of the eBay Worldwide community if we did that. THE HIGHEST BIDDER -OR- HIGHEST OFFER WINS IT!!!!! Thank you from the Staff at Meibohm Fine Arts, GOOD LUCK & HAPPY BIDDING!!!

Price: 449.99 USD

Location: East Aurora, New York

End Time: 2024-10-16T18:43:28.000Z

Shipping Cost: N/A USD