The Price of Nothing: How a Blank Canvas Sparked a Legal Battle

As an art lawyer, I find the case of Jens Haaning’s “Take the Money and Run” both fascinating and thought-provoking, as well as a reminder that the business of art deals with parties having diametric views on how business is to be conducted–a transaction? or an opportunity for creative expression?

Commissioned by the Kunsten Museum of Modern Art Aalborg in Denmark in 2021, Haaning’s artwork consists of two blank canvases, intended as a commentary on poor work wages. The museum provided Haaning with 532,549 Danish kroner to reproduce two of his earlier works, but instead, he delivered the empty canvases, asserting that the artwork’s message was only valid if he did not return the money.

This led to a civil lawsuit filed by the museum to recover the funds. In September 2023, Copenhagen City Court ordered Haaning to repay 492,549kr, which was the original amount minus 40,000kr for artist’s and viewing fees, as the exhibition had gone ahead. Additionally, Haaning was ordered to pay 78,500kr in court fees. The verdict was appealed, but before the case went to the national court, in 2024, Jens Haaning and Kunsten settled out of court with the help of a donation from the foundation “Den Obelske Familiefond.”

This case highlights the complex interplay between art, law, and contractual obligations. It serves as an important reminder of the importance of clear agreements and the potential for creative expression to challenge conventional norms.

Akiba Law PLLC is a boutique law firm based in Miami, Florida. The firm represents artists, creators, brands, entrepreneurs, collectors, galleries, and businesses in matters involving art law, intellectual property, trademark protection, copyright, contracts, business disputes, and brand enforcement.