Some criterion for judging the monetary value for all this art was needed, and the most readily available one was the identity of the artist. First, this took the form of mark on the work, and later a signature. As the demand for fine art far exceeded the supply, misuse of these marks and signatures became rampant. Controlling legislation was enacted as it always is whenever commerce enters the picture, and the formerly respected tradition of copying art became art forgery.
Becky Those kind of questions are why the author wrote the book and we read it. Continue reading and you will discover the answers to your questions. If we…moreThose kind of questions are why the author wrote the book and we read it. Continue reading and you will discover the answers to your questions. If we answer those questions for you, it will spoil the reading.(less)
Sometimes, they give us works that great artists simply didn’t get around to making. If a fake is good enough to fool experts, then it’s good enough to give the rest of us pleasure, even insight. The late Swiss collector Ernst Beyeler called a fake Rothko from Queens a “sublime unknown masterwork” in 2005 and hung it in his namesake museum. Why not think of that picture as the sublime masterwork that Rothko happened not to have got around to? Is it a bad thing if thousands more people in China get to own works by the great modern master Qi Baishi — even if the works they own aren’t actually by him? In some ways, they are by him, in the profound sense that they almost perfectly capture his unique contribution to art. If they didn’t, no one would imagine he’d made them.
The Responsible Art Market, or RAM, is an industry-supported not-for-profit organization which describes itself as ‘”[r]aising awareness of risks faced by the art industry and providing practical guidance on establishing and implementing responsible practices to address those risks.” On its website, RAM provides both an Art Transaction Due Diligence Toolkit, as well as Guidelines on Combatting Money Laundering and Terrorist Financing (“AML Guidelines”). The AML Guidelines are similar to the protocols set forth by the Basel Institute, but provide slightly more concrete detail. They set forth eight basic principles:
* An illustration of the art taken from an old auction catalog without the accompanying description does not constitute valid provenance unless the auction house is or was able to demonstrate beyond doubt that the art was by the artist in question. For example, the auction house may have sold it as "attributed" to the artist. Again, get a copy of the actual auction catalog or read the full listing online to see how the art was described and represented.
The layout of the book is unconventional, but the material itself is fascinating. This, like the recent movie "Big Eyes" and the works of contemporary artists like Banksy and Koons stimulates the age-old debate of what art "is". Aristotle's definition (pg. 108) seems amazingly accurate over 2,000 years later. Because so much is covered in such a brief manner, it certainly will lead me to more detailed books and primary sources amply provided in Charney's "Selected Bibliography." I find the effects of mass psychology (the willingness to be fooled that greed begets), institutional jealousies, the arrogance of the "connoisseur" class, and the exclusivity of gallerists - all fascinating - and all ample motivation for the revenge of the forgers.
As the trial nears, a few facts are certain. Rosales sold fraudulent art; after pleading guilty to nine counts that include wire fraud and money laundering, she agreed to cooperate in the investigation and is awaiting sentencing. Her boyfriend Bergantiños was arrested in Spain and remains there. Pei-Shen, who brilliantly forged work by the most lauded artists of the 20th century, is on the loose and untouchable somewhere in China.
Seed provenance refers to the specified area in which plants that produced seed are located or were derived. Local provenancing is a position maintained by ecologists that suggests that only seeds of local provenance should be planted in a particular area. However, this view depends on the adaptationist program – a view that populations are universally locally adapted. It is maintained that local seed is best adapted to local conditions, and that outbreeding depression will be avoided. Evolutionary biologists suggest that strict adherence to provenance collecting is not a wise decision because:
Interoperability is a design goal of most recent computer science provenance theories and models, for example the Open Provenance Model (OPM) 2008 generation workshop aimed at "establishing inter-operability of systems" through information exchange agreements. Data models and serialisation formats for delivering provenance information typically reuse existing metadata models where possible to enable this. Both the OPM Vocabulary and the PROV Ontology make extensive use of metadata models such as Dublin Core and Semantic Web technologies such as the Web Ontology Language (OWL). Current practice is to rely on the W3C PROV data model, OPM's successor.
However, even this careful process can be faked by those knowledgeable enough. In our collector's reading list, we feature a book called Provenance that examines how two people were able to sell forged art at the highest levels. Their documentation for the inauthentic pieces they sold was so expertly faked that more obvious flaws in the pieces themselves were overlooked.
“The tax laws in art make it basically legal to not pay taxes on art. If you’re a serious art buyer, you just get a good tax accountant,” former New York-based art consultant Beth Fiore tells Hopes&Fears. “If you show newly purchased works in certain museums then you never have to pay taxes on it.” Edward Winkleman of Winkleman Gallery maintains that his gallery keeps fastidious records of all transactions and pays taxes even on cash sales. But he admits that, “the state generally wouldn't question what is reported.” He also tells us that individual sales don’t need to be reported, only the totals for each quarter. Hypothetically, someone could buy millions of dollars worth of art without the IRS knowing, and then later sell those works for a “legitimate” profit that looks clean on taxes.
If the BSA is extended to apply to dealers in art and antinquities, FinCEN can expect a robust notice and comment period for the implementing regulations. Further, when proposing such regulations, FinCEN might draw upon some existing AML guidelines for the art trade, including those from two not-for-profit groups — one independent, the other supported by industry. We explore those guidelines in the rest of this post.
At $8.3 million, it was the most expensive painting that the De Soles — the chairman of Tom Ford International and his socialite wife — had ever purchased, but they were getting what one source calls “a pretty sweet deal.” Weeks before the sale closed, a work by Rothko sold for $17,368,000 at Sotheby’s. Knoedler drew up a warranty of “authenticity and good value,” and the De Soles proudly hung Rothko’s “Untitled 1956” inside their luxurious Hilton Head, SC, home.
More typically, provenance will be scrutinized where questions of authenticity arise. A few years back, an issue arose concerning the authenticity of a century-old sculpture attributed to a 20th-century artist of iconic stature. The work was sold to a prominent collector through an auction house with a certificate of authenticity from a qualified and appropriately-credentialed scholar of the artist’s work. According to the provenance provided at the time of sale, the work had been acquired in Paris after World War II by an art history professor from an Ivy League university. When questions of authenticity arose several years later, an Internet search and a few telephone calls to the university revealed that no such art history professor ever existed. Also left off the provenance was the fact that just months prior to the multi-million dollar sale to the prominent collector, the work had been purchased from an obscure antique store owned and operated by someone who had served jail time for art insurance fraud. Had these “errors and omissions” in the provenance been discovered at the time of the sale, the sale itself and several years of costly litigation would have been avoided.
Forgery, in art, a work of literature, painting, sculpture, or objet d’art that purports to be the work of someone other than its true maker. The range of forgeries extends from misrepresentation of a genuine work of art to the outright counterfeiting of a work or style of an artist. Forgery must be distinguished from copies produced with no intent to deceive.
Some exposed forgers have later sold their reproductions honestly, by attributing them as copies, and some have actually gained enough notoriety to become famous in their own right. Forgeries painted by the late Elmyr de Hory, featured in the film F for Fake directed by Orson Welles, have become so valuable that forged de Horys have appeared on the market.
While pretty much all art could be scandalized, some are more susceptible to scheming than others. Digital artist Daniel Temkin points out that digital art, which doesn’t need to be shipped or stored because it has no physical manifestation, is particularly ripe for your risky business. To make it easy for you, Temkin has created an "online auction house, offering net art by internationally renowned artists and their impersonators" called NetVVorth. The art experiment/tongue-in-cheek criminal resource hosts a series of counterfeit works created by legitimate net artists. “The collection is offered to expose net art as a viable investment to serious collectors by establishing a shadow market, proving its ability to hide illicit profits and transfer them easily around the globe. All works are supplied with provenance papers. All sales are in Bitcoin. The true counterfeiter is identified only to the owner of the piece.” The collection includes roughly 35 works. Pick your favorite. (And if you hate digital art, like most collectors, you can always hire an art consultant who can help you pick out some “reeeeeal” art.)
Most of these industries have checks. Real estate titles and deeds at least require a name. Mortgage brokers, stockbrokers, casinos, banks and Western Union must report suspicious financial activity to the federal Financial Crimes Enforcement Network. Banks must report all transactions of $10,000 or more. Altogether, the network logs more than 15 million currency transactions each year that can be used to track dirty money, said Steve Hudak, a spokesman for the agency. The art market lacks these safeguards. Roll up a canvas and it is easy to stash or move between countries; prices can be raised or lowered by millions of dollars in a heartbeat; and the names of buyers and sellers tend to be guarded zealously, leaving law enforcement to guess who was involved, where the money came from and whether the price was suspicious.