As for you artists, firmly establishing yourself as link number one in the chain of provenance is essential. These days, proof of authenticity or authorship accompanying a work of art is more important than ever. In order to prevent unscrupulous sellers from trafficking in fakes, and avoid situations where people question your art, keep good records right from the start and provide some form of documentation with every artwork you produce. The last thing you want is people trying to figure out whether or not you actually created certain works, or contacting you with requests to authenticate works that have no accompanying paperwork or documentation. The bad news is that in the long run, repeated incidents surrounding undocumented art can actually compromise your market. So make sure there's never any doubt that ownership of your art begins with you. Read more about how to do that in this article about How to Authenticate Your Art.
When addressing the efforts to establish an artwork’s provenance history and authenticity under Guideline 4, the AML Guidelines provide that “[i]t is important to obtain and publish in any catalogue or sales document as much information as possible about the artwork, including any known provenance,” and to “check major databases of stolen and looted art and obtain any relevant and available legal documents, witness declarations, [and] expert opinions[.]” In addition to a physical examination of the artwork and a technical analysis and dating of the materials used, “[d]ocuments helpful in establishing ownership and provenance include invoices, receipts, dated photographs, insurance records, valuations, official records, exhibition catalogues, invoices for restoration work, diaries, dated newspaper articles, original signed and dated letters.”
The Dutch forger Han van Meegeren employed a combined composite and stylistic procedure when he created seven paintings between 1936 and 1942 based on the work of Johannes Vermeer. In The Supper at Emmaus he combined figures, heads, hands, plates, and a wine jar from various early genuine Vermeers; it was hailed as a masterpiece and the earliest known Vermeer. Ironically, van Meegeren never was detected as a forger. At the end of World War II he was arrested for having sold a painting attributed to Vermeer to one of the enemy and was accused of being a collaborator. He chose to reveal himself as a forger, which was a lesser offense, and proved his confession by painting another “Vermeer” under the eye of the authorities.
* If the seller states that the work of art sold at an auction house, have them provide the name and contact information for the auction house as well as the date of the sale and lot number of the art in that sale. Just because an auction house sells a work of art does not automatically make that work of art genuine. Best procedure here is to get a copy of the auction catalog and carefully read the listing for the art.
I confess to being wrapped up in the reading of this book and particularly the art of art forgery Shapiro unmasks. I have often wondered why a painting that has hung for hundreds of years on museum walls and been praised for its style and beauty is not just as valuable and just as precious when it is discovered that it was not painted by one of the greats but by his apprentice. Doesn't the art remain the same. Isn't it just as valuable as art even if it was painted by an unknown? We seem to carr ...more
The wealthy figured this out in a big way back in the 1980s, giving rise to ‘art stars’ valued in the millions. And with the increasing popularity and geographical scope of biennials and art fairs in the 1990s, rich people all over the world now have access to seas of multi-million dollar investments that can be rolled up and stored just about anywhere.
And in response to Beijing’s strict capital controls which make it illegal for an individual move more than $50,000 out of China per year, wealthy folks from China are turning increasingly to smuggling art out of the country instead. "Items can be bought and sold relatively anonymously, and even when a transaction occurs, complex ownership schemes -- many with a degree of secrecy attached -- are widespread," Paul Tehan of TrackArt, a Hong Kong-based art risk consultancy, told CNN. According to Tehan, senior managers of an art shipping company based in China were arrested for allegedly forging the value of imported art in order to help buyers avoid paying millions in duties.
For museums and the art trade provenance has increasingly important, not just in the older way where establishing the authorship and authenticity of an object was the main concern, but in establishing the moral and legal validity of its chain of custody, given the increasing amount of looted art. This first became a major concern regarding works that had changed hands in Nazi-controlled areas in Europe before and during World War II. Many museums began compiling pre-active registers of such works and their history. Recently the same concerns have come to prominence for works of African art, often exported illegally, and antiquities from many parts of the world, but currently especially in Iraq, and then Syria.
The 2,200 photographs by masters like Alfred Stieglitz, Edward Weston and Edward Steichen — more than could fit into an 18-wheeler — were paid for, court papers say, with some of the $78 million that the authorities say Mr. Rivkin got from defrauding oil companies like Shell, Exxon, and Mobil. Mr. Rivkin, who has not been charged with any crimes, was last thought to be in Spain and had arranged to have the photos shipped there.
Before addressing those questions, it is useful to consider how provenance is relevant to sales of art. Art litigation generally falls within one of three categories: disputes concerning ownership, disputes concerning authenticity, and, to a lesser extent, disputes concerning value. The provenance of a work may bear on each of those potential areas of dispute. Obviously, to the extent provenance represents a chain of title, it may bear quite directly on a dispute concerning ownership. (If “H.W. Göring, Berlin” is listed in the provenance, that is probably a red flag).3
Another reason that art fraud is difficult to control is that the art market is enormous, unwieldy, and greatly varied, embracing items from Victorian buttons to 6th-century Greek vases and from medieval pilgrim badges to contemporary photographs. Business is often conducted under the veil of secrecy, with buyers wishing to remain anonymous to avoid the attention of burglars and other opportunists. It would be logistically impossible to monitor all of the transactions between dealers, private collectors, and museums that are in the business of acquiring art. Suspected art forgeries are generally considered on a case-by-case basis, because they can usually be identified only by an expert in the field. But it is not unusual for two experts to have wildly different opinions of the authenticity of the same object, based in each case on reputable evidence.