Often a thorough examination (sometimes referred to as Morellian Analysis) of the piece is enough to determine authenticity. For example, a sculpture may have been created obviously with modern methods and tools. Some forgers have used artistic methods inconsistent with those of the original artists, such as incorrect characteristic brushwork, perspective, preferred themes or techniques, or have used colors that were not available during the artist's lifetime to create the painting. Some forgers have dipped pieces in chemicals to "age" them and some have even tried to imitate worm marks by drilling holes into objects (see image, right).
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.
Bob Keerseweer won an art auction on eBay by bidding $135,805 for a Diebenhorn painting. What Bob didn't know was that Rob Walton, the owner of the work, was part of a ring specializing in driving up the price of the auction. The ring posted 50 bids on the same auction that Keerseweer won. Bob also didn't know that the work was a forgery. Walton and his gang were eventually arrested and convicted (Silicon Valley Staff, 2001).
Clare Roth is an artist who ekes out a living making copies of Degas paintings and other masterpieces while she struggles to live down a mistake from her past. She enters into a complicated agreement with a powerful gallery owner to forge a stolen Degas painting in return for a show at his gallery. Things take a turn when she suspects that this stolen "masterpiece" is also a forgery.
Let’s get back to the real estate pilot program that lies at the heart of the Times’s confusion. That federal program, which may or may not be continued, relies upon mortgage title insurance companies to report to authorities the ultimate beneficial owner of any vehicle used to buy or sell very valuable real estate. It does not require the seller to reveal the beneficial owner to the buyer or vice versa.
As previously noted in this Journal, the legal structure we call art law (an amalgam of personal property law, contract, estate, tax, and intellectual property law) supporting the acquisition, retention, and disposition of Fine Art, often fits uneasily with art market custom and practice. The result is that 21st-century art market participants are frequently unsure of their legal rights and obligations.
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.
Further complicating matters, following Man Ray's death, control of printing copyrights fell to his widow, Juliet Man Ray, and her brother, who approved production of a large number of prints that Man Ray himself had earlier rejected. While these reprints are of limited value, the originals, printed during Man Ray's lifetime, have skyrocketed in value, leading many forgers to alter the reprints, so that they appear to be original.
To identify full-time occupation, archaeologists look for clues such as chemical signatures in bones that distinguish locals from migrants and the geographic provenance of raw materials. — Bridget Alex, Discover Magazine, "The World Is Our Niche," 3 June 2019 Many websites list used aircraft parts but omit details like final prices or provenance documents. — Agam Shah, WSJ, "Honeywell Brings Blockchain to Used Aircraft Parts Market," 28 May 2019 Part of what's remarkable about this pearl is the cutting edge science that went into verifying its age and provenance. — Stellene Volandes, Town & Country, "A Rare Natural Pearl That Once Belonged to a Spanish Princess Is For Sale," 14 May 2019 Alien provenance Loeb and Amir Siraj, a Harvard undergraduate, spotted the marauding meteor in a catalog compiled by the Center for Near Earth Object Studies. — Nadia Drake, National Geographic, "An interstellar meteor may have slammed into Earth," 16 Apr. 2019 To prove their provenance, both to consumers and retailers, Bellucci is deploying blockchain technology developed by Oracle along their supply chain. — Nell Lewis, CNN, "Could blockchain help you become a more ethical shopper?," 5 June 2019 Wohl also has boasted of launching several businesses, though their provenances are vague and their client lists even vaguer, and he has been banned from Twitter for allegedly creating fake accounts. — The Washington Post, The Mercury News, "They keep trying to smear Democrats, and keep failing," 4 June 2019 Her rose gold Rolex has similar sentimental provenance. — Chloe Malle, Vogue, "Inside Dating-App Bumble’s Bid For Global Domination," 18 Apr. 2019 Tales of their provenance ricocheted around León for years. — Alex Kingsbury, BostonGlobe.com, "You’ve got mail — for now," 10 May 2018
This would all just be face-palm silliness on the Times’s part, a reflection of its editorial disconnect between the culture pages and the business staff, if the story didn’t also glide over the real point of what is going on here. The best protected transactions in the art market are those that pass through the auction houses because those firms do the KYC due diligence that squelch money laundering. Auction houses have compliance staff and are easily monitored by the law enforcement which doesn’t crack down on large private transactions that take place through lawyers or dealers. The Times admits this when they point out that Jho Low passed KYC diligence before it was revealed that he was involved in the 1MDB transactions. After it was revealed, he is no longer able to access art markets through the auction houses.
Other paintings are now also implicated, including a Lucas Cranach the Elder, from the collection of the Prince of Liechtenstein, that was seized by French authorities from the Caumont Centre d’Art in Aix in March. An Orazio Gentileschi painting on lapis lazuli, also sold by Weiss, and a purported Parmigianino have been identified as suspect as well. Rumor has it that works by up to 25 different Old Master paintings may be involved. (For a break-down on what we know so far, read “The Frans Hals Forgery Scandal, Explained.”)
The most common type of fraudulence in art is forgery—making a work or offering one for sale with the intent to defraud, usually by falsely attributing it to an artist whose works command high prices. Other fraudulent practices include plagiarism, the false presentation of another’s work as one’s own, and piracy, the unauthorized use of someone else’s work, such as the publication of a book without permission of the author; both practices are generally in violation of copyright laws.
Another area of art fraud motivated by the demands of the art market involves the smuggling of works of art out of countries, especially from developing countries, where the value of the work may be poorly understood. Though smuggling is in itself a crime, art fraud may also occur when the smugglers minimize the value of the art to guardians of cultural patrimony or to customs officials. Goods thus transported are often offered elsewhere for high prices. There are sanctions against museums that buy artworks obtained in that manner, but governments of the originating country have little recourse when the objects disappear into private collections.