Heir Not Apparent: A Legal Battle over the Work of Vivian Maier ; Court Case May Ensnare Photographer's Legacy and Halt Exhibitions

By Kennedy, Randy | International New York Times, September 9, 2014 | Go to article overview

Heir Not Apparent: A Legal Battle over the Work of Vivian Maier ; Court Case May Ensnare Photographer's Legacy and Halt Exhibitions


Kennedy, Randy, International New York Times


A court case in Chicago seeking to name a previously unknown heir to the street photographer is threatening to tie her legacy in knots and could prevent her work from being seen again for years.

The story of the street photographer Vivian Maier has always been tangled -- she worked much of her life as a nanny, keeping her artistic life a secret, and only after she died in 2009, at the age of 83, nearly penniless and with no family, were her pictures declared to be among the most remarkable of the 20th century. Now a court case in Chicago seeking to name a previously unknown heir is threatening to tie her legacy in knots and could prevent her work from being seen again for years.

The case was filed in June by a former commercial photographer and lawyer, David C. Deal, who said he became fascinated with Maier's life in law school and took it upon himself to try to track down an heir. He did so, he said, because he was upset that prints of her work -- from more than 100,000 negatives found in a storage locker at an auction, containing images now possibly worth millions of dollars -- were being sold by people who came to own the negatives but had no family connection to Maier, who spent most of her childhood in France and worked in Chicago, where she died.

"I was, for 20 years, a commercial freelance photographer, and then became a lawyer," said Mr. Deal, who practices in Orange, Va. "And, as a photographer and an attorney, the situation bothered me, so I decided to do some research on it."

Chief among the owners of Maier's work is John Maloof, a former real estate agent in Chicago who bought tens of thousands of the negatives for less than $400 in 2007 and has spent years tending and promoting her work through commercial galleries, museum exhibitions, books and a recent documentary, "Finding Vivian Maier," which he helped direct. Mr. Maloof hired genealogists to find heirs to Maier in France and eventually paid an undisclosed amount for the rights to her work to a man named Sylvain Jaussaud, whom experts identified as her closest relative, a first cousin once removed.

But Mr. Deal hired his own genealogists and last year traveled to Gap, an alpine town in southeastern France, home of Francis Baille, a retired civil servant whom he believes to be another first cousin once removed.

Mr. Baille, who had no idea he was related to Maier, agreed with Mr. Deal to seek to be recognized as her heir under American law. Reached on Friday by phone in France, Mr. Baille said, "For now, I just do not want to talk about this." But his French lawyer, Denis Compigne, said: "It's an extraordinary situation. You can imagine what it's like to get a telephone call about someone who died that he never knew, with this precious legacy. He is very, very surprised."

The legal case to determine whether Mr. Baille is Maier's closest relative has now set in motion a process that Chicago officials say could take years and could result in Maier's works being pulled from gallery inventories and museum shows until a determination is made.

The state public administrator's office for Cook County, in Chicago, which is charged with overseeing estates until relatives or others are approved by the courts to do so, created an estate for Maier on July 1 and has sent letters to Mr. Maloof and others who sell her work warning them of possible lawsuits over Maier's assets. The Stephen Bulger Gallery, in Toronto, which lists dozens of Maier prints on its website, received a letter on Aug. 19 from a Chicago law firm, Marshall, Gerstein & Borun, representing the estate, asking it to preserve all documents related to her work.

"We are investigating the potential misuse and infringement of copyrighted works whose rights are held by the estate," the letter said, adding that the firm anticipated "filing litigation against the responsible parties upon completion of our investigation." An exhibition of her work is on view at the Toronto gallery. …

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