Artist Jeffrey Gibson Is Suing Kavi Gupta Gallery for Allegedly Withholding Over $600,000 USD in Sales

It’s been roughly a few weeks now since Choctaw-Cherokee artist Jeffrey Gibson was announced to represent the United States at the 2024 Venice Biennale — the first Indigenous artist to be chosen for the honor. Gibson, however, is back in the headlines for less exciting matters as the artist has sued Chicago-based gallerist Kavi Gupta for allegedly withholding over $600,000 USD in sales.

Gibson first started cosigning artworks to Gupta back in 2017 with a 50-50 profit split for each sale. While the terms were initially met, the artist expressed in his filing that the gallery began falling behind on payments and currently owes him $638,919 USD.

“Because the gallery has stalled and failed to even negotiate in earnest a mutually acceptable payment plan, Gibson is now forced to commence this action to seek the full amount of sales proceeds which belong to him,” stated the artist’s claim, which was filed back in May at New York’s Northern District Court.

In an affidavit filed by Gupta on August 4, the gallerist stated that he doesn’t actually owe Gibson anything, because he lent him the money beforehand to make the work, such as “over $764,600” to helping develop his work over the course of his career. “Since 2018, the gallery invested in reimbursable production and vendor costs including, but not limited to, videographers, photographers, performers, and materials such as clothing, drums, metals, beads, and other components, all utilized to create and produce Gibson’s work,” Gupta added. “At no time were such reimbursable costs limited to framing expenses.”

Critically acclaimed, Gibson is known for his vibrant multi-media sculptures, paintings and installations that challenge the lack of indigenous representation in visual culture, as well as investigating themes pertaining American, Indigenous, and queer histories.