A Glasgow artist is pursuing legal action against the National Galleries of Scotland in a copyright row involving another artist who represented the country at the Venice Biennale.
Mary Redmond claims a work by Barbadian-Scots artist Alberta Whittle that is currently on display was created using hammered corrugated panels from her own sculpture without her permission.
Both the National Galleries and Ms Whittle have been served with court documents signalling her intent to sue for breach of copyright and ownership.
In the Spring of 2018, Ms Redmond, who has shown internationally, was commissioned to create a large outdoor sculpture at Hospitalfield House Arts Centre in Arbroath.
A large part of the artwork, The Venny The Jumps, consisted of metal corrugated panels that were handcrafted, shaped and marked, which the artist says involved weeks of work on site.
After the exhibition, she claims she agreed with Lucy Byatt, the director of Hospitalfield that the metal panels would be disposed of.
She says she asked Ms Byatt in an email if the panels could be recycled but received no response.
Lawyers acting on behalf of Ms Whittle, whose work deals with themes including racism and slavery, claim she was given permission to take the sheets by Ms Byatt after a visit to Hospitalfield.
In 2019, Ms Redmond discovered that the panels had been incorporated into a work by Ms Whittle at Dundee Contemporary Arts gallery.
She says she "buried it away" because she didn't want to be responsible for a younger, emerging artist's work being taken down.
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However, after another piece by Whittle incorporating the panels was donated to Glasgow's Museum of Modern Art in 2022 she says she challenged the gallery.
She said they were sympathetic and told her they would ask Ms Whittle to replace the panels.
The Glasgow artist discovered this year that another work by Whittle, a replica of a Chattel House from the plantation days in Barbados using her metal panels, was on display at the National Galleries of Scotland Modern One.
She said: "Alberta Whittle in full knowledge of me being really upset about this then re-exhibited the sculpture with her name on it.
"I guess people could look at the dents in the corrugated metal and not really think of them as anything but for me it is like painted lines on a canvas.
"I can read each sheet as my work.
"Many well-respected art professionals recognised them as my artwork and believe that my artwork should be returned.
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"I wrote to the National Galleries saying please, please this is my work and they ignored me. There is a whole trail of me going through the complaints procedure, waiting a month for a reply.
"I've done it all by the book and they are not interested. They have accused me of trying to cause Alberta harm."
She added: "I literally feel like standing at the door of the National Galleries and handing out leaflets to people going in.
"It's insane. I would just like some sort of acknowledgment that it is my work."
Lawyers representing Ms Whittle claim the metal sheets "do not represent a work of artistic craftsmanship" and were altered by their client.
Ms Redmond said:"They were fashioned by my hand, a professional artist with a respected international career of over 25 years.
"She [Albert Whittle] is not acknowledging the fact that she knows an artist made those sheets look the way they look."
Ms Whittle's legal team also claim she was not aware of Ms Redmond's work as an artist and had not seen the Hospitalfield installation.
However, Ms Redmond says the artist was present at a group seminar day at Glasgow's CCA when both presented their work to the group.
She claims Ms Whittle also visited Hospitalfield for an interview for a residency whilst her work was in situ.
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Ms Redmond, who is representing herself, said she sought advice from one of the UK's top copyright lawyers who advised her she has a strong case.
She is pursuing a claim of ownership and copyright infringement through the simple procedure claims process and the outcome will be decided by a sheriff.
Both artists are graduates of Glasgow School of Art's MFA (Master of Fine Art) course.
The Modern Institute responded on behalf of Alberta Whittle, "who is unable to comment due to ongoing legal proceedings."
In a statement it said; "An artist, Mary Redmond, has made serious and damaging allegations of copyright infringement against Alberta Whittle.
"Hospitalfield, Dundee Contemporary Arts and The Modern Institute have stated that they consider the claims and allegations made by Mary Redmond to be entirely unfounded and without merit. "
"They have each obtained separate external legal advice which has reinforced this view."
A spokeswoman for the National Galleries of Scotland said: "Alberta Whittle is a significant and influential artist in Scotland and internationally, whose practice has had a profound impact on the artistic community in this country.
"National Galleries of Scotland is proud to be sharing the work of Alberta Whittle.
"National Galleries of Scotland has been made aware that an action has been lodged, but it would be inappropriate for us to comment further at this time.”
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