An art forger must be at least somewhat proficient in the type of art he is trying to imitate. Many forgers were once fledgling artists who tried, unsuccessfully, to break into the market, eventually resorting to forgery. Sometimes, an original item is borrowed or stolen from the owner in order to create a copy. Forgers will then return the copy to the owner, keeping the original for himself. In 1799, a self-portrait by Albrecht Dürer which had hung in the Nuremberg Town Hall since the 16th century, was loaned to Abraham Wolfgang Küfner [de]. The painter made a copy of the original and returned the copy in place of the original. The forgery was discovered in 1805, when the original came up for auction and was purchased for the royal collection.
Forgery most often occurs with works of painting, sculpture, decorative art, and literature; less often with music. Plagiarism is more difficult to prove as fraud, since the possibility of coincidence must be weighed against evidence of stealing. Piracy is more often a business than an artistic fraud; it frequently occurs in the publication of editions of foreign books in countries that have no copyright agreement with the nation in which the work was copyrighted. A stage production, the reproduction of a painting, the performance of a musical composition, and analogous practices of other kinds of works without authorization and royalty payments also fall into this category.
No forgery to attain recognition is better known than the “Thomas Rowley” poems of Thomas Chatterton (1752–70), which the youthful author attempted to pass off as the work of a medieval cleric. These poems, which caused a scholarly feud for many years, were influential in the Gothic revival. Chatterton, however, enjoys a place in English letters as a creative genius in his own right. The more conventional forger William Henry Ireland (1777–1835) cheerfully manufactured Shakespearean documents until his forged “lost” tragedy Vortigern and Rowena was laughed off the stage at the Drury Lane Theatre, London, in 1796. More fortunate was Charles Bertram, who produced an account of Roman Britain by “Richard of Westminster,” an imaginary monk. Bertram’s dupe, the eccentric antiquary Dr. William Stukeley, identified the monk with the chronicler Richard of Cirencester, known to have resided at Westminster in the 14th century. Bertram’s forgery (cunningly published in a volume containing the works of two genuine ancient authors, Gildas and Nennius) had an enormous influence upon historians of Roman Britain, lasting into the 20th century. Equally influential were the Ossianic poems of James Macpherson (1736–96), which influenced the early period of the Romantic movement. To what degree Macpherson’s poems are to be regarded as spurious is not certain. Denounced in his own day they were possibly, as he claimed, based upon a genuine oral tradition of Scottish Gaelic poetry; but there can be little doubt that they were carefully edited and interpolated by their collector.
In recent weeks, the art world has been rocked by perhaps the biggest forgery scandal to hit the art world since Van Meegeren’s unmasking. The extent of the Old Master forgery ring is as of yet unknown, but Sotheby’s has already issued a refund to the buyer of a $10 million Frans Hals portrait, sold in 2011 in a private sale through London dealer Mark Weiss. James Martin’s Orion Analytical, a Williamstown, Massachusetts-based company which investigates artworks, found modern-day materials in the canvas, proving it to be a forgery.
Archaeology and anthropology researchers use provenience to refer to the exact location or find spot of an artifact, a bone or other remains, a soil sample, or a feature within an ancient site, whereas provenance covers an object's complete documented history. Ideally, in modern excavations, the provenience is recorded in three dimensions on a site grid with great precision, and may also be recorded on video to provide additional proof and context. In older work, often undertaken by amateurs, only the general site or approximate area may be known, especially when an artifact was found outside a professional excavation and its specific position not recorded. The term provenience appeared in the 1880s, about a century after provenance. Outside of academic contexts, it has been used as a synonymous variant spelling of provenance, especially in American English.
Of course, beyond AML-related process concerns, any art dealer — just like any business person — always must remember that just about any financial transaction that involves proceeds known to have originated from illegal activity represents a criminal money laundering offense. Stated otherwise, even if the BSA is not expanded to include dealers in art and antiquities, those in the U.S. art industry still need to bear in mind, in extreme examples, the omnipresent federal criminal code. Sometimes, the provenance of the funds can be more critical than the provenance of the art.
Interpol also tracks art smuggling. City police forces may have units that investigate cases of art fraud on the local level. But the first, and in many cases only, line of defense against art fraud is the dealers who offer the works for sale and the museums and collectors who must make every effort to determine the authenticity and legality of the works before purchase.
Whether the seller agrees to take full legal responsibility for the accuracy of the provenance is crucial information for buyers in terms of their own due diligence obligations and their ability to rely on information provided by sellers. Making all of this clear in the sales contract is unquestionably in everyone’s interest, even if—much like a prenuptial agreement—it spoils some of the romance associated with the purchase of Fine Art.
In the early 2000s, Brazilian financier Edmar Cid Ferreira had embezzled funds from his business empire — and he needed a way to hide the money. He found it in Hannibal, a painting by American artist Jean-Michel Basquiat. Appraised by the art world at $8 million, Ferreira showed up at New York’s Kennedy Airport in 2007 with the painting and a bill of lading listing the value as $100.
The dating of an object by the study of radioactive decay of carbon-14 has had little application in the detection of art forgery because of the large quantities of material that must be destroyed. Thermoluminescent dating is based on the slight damage to all matter, including clays, by the faint nuclear radiation present in the earth. Magnetic dating of ceramic objects is based on the slow but perceptible shift of the earth’s magnetic field over the centuries.
The Rothko even came with a romantic back story. As explained to the De Soles by Ann Freedman, then the highly regarded president of Knoedler & Co. — founded in 1846 and Manhattan’s oldest art gallery — it emerged from the collection of a mysterious Swiss heir. The man’s business-traveling father bought paintings directly from rising art stars of the 1950s. Freedman added that the piece, depicting Mark Rothko’s signature-style rectangles, had gone largely unseen by art-world cognoscenti.
Art Businesses should also consider the form of the transaction, such as whether the transaction is taking place through intermediaries, face to face, entirely via the Internet, over the phone, or by any other similar non face to face means. In some circumstances, depending on the nature, value and/or geographic location of the transaction, enhanced due diligence may be appropriate.
Motivations- check, he gives you that, details of specific works- check he gives you that, but I was hoping for some information on HOW they forge things, why, if they have that kind of talent do they not do their own (other than money, and of course risk), how they can tell (lightly touched on) that it was forged. This is a good overview book, but not detailed, not for someone who has huge curiosity about the field of art forgery. Start here, but if you are wondering more, keep looking.
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 history of the arts reveals instances of persons who have used forgery either to gain recognition of their own craftsmanship or to enjoy deceiving the critics who had rejected their genuine work. A legend told about Michelangelo illustrates this point. At the age of 21, he carved in marble a small sleeping Eros, or Cupid, based on ancient Roman works that he admired. Some time later this carving was sold as an antique to the well-known collector Cardinal Riario, who prized it highly. When Michelangelo stepped forward and claimed the work as his own he won immediate fame as a young man who could rival the work of the greatly venerated ancient sculptors.
In the end, maybe this guide was never intended for amoral businessmen in the first place (unless we’ve sorely misjudged our readership!) Maybe this it's more useful to the emerging artists who look for validation (read: dollar signs) in a competitive market. Maybe the artist’s secret to success is appealing to the corrupt and becoming an accomplice to white collar crime (but hopefully not). Are economic criminals the driving force of the art economy? Probably not, but what we do know for certain is that art isn’t only valuable as the evidence of creative genius. It is, to many, a vault.
For example, federal prosecutions have been successful using generalized criminal statutes, including the Racketeer Influenced and Corrupt Organizations Act ("RICO"). A successful RICO charge was brought against a family which had sold counterfeit prints purportedly by Chagall, Miró, and Dalí. The defendants were also found guilty of other federal crimes including conspiracy to defraud, money laundering, and postal fraud. Federal prosecutors are also able to prosecute forgers using the federal wire fraud or mail fraud statutes where the defendants used such communications.
An expert certification can mean the difference between an object having no value and being worth a fortune. Certifications themselves may be open to question. Jacques van Meegeren forged the work of his father Han van Meegeren (who in his turn had forged the work of Vermeer). Jacques sometimes produced a certificate with his forgeries stating that a work was created by his father.
The ownership history of a work of art is of fundamental importance for all those involved in the collecting, exhibiting and study of art, for determining both attribution as well as legal title. Recent ownership claims by heirs of Holocaust victims whose art works were looted or otherwise misappropriated during the Nazi-era, and also claims by foreign “source” countries for objects they believe were exported in violation of patrimony or export laws, underscore the importance of provenance research.
Governments around the world have stepped up their efforts to combat money laundering in recent decades, with regulations that require financial institutions to put systems in place to detect and report suspicious activity. The amount of money involved is substantial: According to a 2018 survey from PwC, global money laundering transactions account for roughly $1 trillion to $2 trillion annually, or some 2% to 5% of global GDP .
Open a foreign bank account in a tax haven like Switzerland or the Cayman Islands. Banks in these countries are not required by law to hand over information about your account to anyone without your consent. If you open what's called a “numbered account” in a private Swiss bank like Union Bank of Switzerland or Credit Suisse Group, a number or code name will be associated with the account, rather than your name. To open a numbered account, you will most likely need to travel to Switzerland to do it, though if this is impossible, there are firms that help people set up off-shore bank accounts that can help you. You will most likely need to make an initial deposit of at least $100,000 to open the account, which will cost roughly $300 a year to maintain.
Evidence of provenance in the more general sense can be of importance in archaeology. Fakes are not unknown, and finds are sometimes removed from the context in which they were found without documentation, reducing their value to science. Even when apparently discovered in situ, archaeological finds are treated with caution. The provenience of a find may not be properly represented by the context in which it was found (e.g. due to stratigraphic layers being disturbed by erosion, earthquakes, or ancient reconstruction or other disturbance at a site. Artifacts can also be moved through looting as well as trade, far from their place of origin and long before modern rediscovery. Further research is often required to establish the true provenance of a find, and what the relationship is between the exact provenience and the overall provenance.
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.
A recent, thought-provoking instance of potential art forgery involves the Getty kouros, the authenticity of which has not been resolved. The Getty Kouros was offered, along with seven other pieces, to The J. Paul Getty Museum in Malibu, California, in the spring of 1983. For the next 12 years art historians, conservators, and archaeologists studied the Kouros, scientific tests were performed and showed that the surface could not have been created artificially. However, when several of the other pieces offered with the Kouros were shown to be forgeries, its authenticity was again questioned. In May 1992, the Kouros was displayed in Athens, Greece, at an international conference, called to determine its authenticity. The conference failed to solve the problem; while most art historians and archeologists denounced it, the scientists present believed the statue to be authentic. To this day, the Getty Kouros' authenticity remains a mystery and the statue is displayed with the date: "Greek, 530 B.C. or modern forgery".
Provenance – also known as "custodial history" – is a core concept of archival science and archival processing. The term refers to the individuals, groups, or organizations that originally created or received the items in an accumulation of records, and to the items' subsequent chain of custody. The principle of provenance (sometimes also termed the principle of archival integrity or respect des fonds) stipulates that records originating from a common source (or fonds) should be kept together – where practicable, physically; but in all cases intellectually, in the way in which they are catalogued and arranged in finding aids. Conversely, records of different provenance should be preserved and documented separately. In archival practice, proof of provenance is provided by the operation of control systems that document the history of records kept in archives, including details of amendments made to them. The authority of an archival document or set of documents of which the provenance is uncertain (because of gaps in the recorded chain of custody) will be considered to be severely compromised.
French artist Orlan sued American pop star Lady Gaga for forgery after the release of the 2011 hit video “Born This Way,” but ultimately lost her case. Orlan pointed out similarities to her piece Bumpload (1989), in which she added prosthetic ridges to her face, and Woman With Head (1996), which featured a decapitated head on a table. After losing her $31.7 million lawsuit, Orlan was ordered to pay the singer and her record label €20,000 ($22,000)
↑ Mario Clouds Not Bootleg V1.1 is a variation on Super Mario Clouds by Cory Arcangel. It was made available on the site NetVVorth as part of a collection of "forged" works by iconic digital artists. (Arcangel also offers instructions on his website that allow anyone to create a bootleg version of the piece.) It is still credited to "Cory Arcangel" in an attempt to highlight the ease of forging digital work.
A qualified authority is a difficult concept, because it’s more than claiming (or seeming) to be an expert. This individual needs to have significant background and experience with the artist. Such as published papers about the artist, or perhaps they teach courses, or have catalogued essays about this artist. Of course the artist themselves, relatives, employees and descendents of the artist are understood as a qualified authority. Once you have all of your documents corroborated and stored in your Artwork Archive account, you can have peace of mind.
This scam works for the scammer because the transaction will take time due to the distance involved for both parties. To the unwary artist, the credit card transaction will go through, the art is shipped, only for the artist to find out later that credit card number was stolen and or that the check was no good and that the artist will not be receiving their funds. Then as a consequence of all this, the artist is out of their art and the costs involved, plus the cost of the shipping.