Robert Motherwell Foundation Authenticity Decisions Now Questioned

The Dadalus Foundation, better known as the Robert Motherwell Authentication Board, is embroiled in two lawsuits that has challenged its Authentication veracity, especially given its series of flip flop Authentication positions.

These lawsuits raise serous questions about Authenticity decisions made to date by the Dedalus Foundation for Robert Motherwell Works of Art, adding instability to the vast Robert Motherwell Market.

In our March 2009 Article in The Fine Art Blog titled Dueling Lawsuits Undermine Robert Motherwell Authenticity Decisions, Joseph K. Levene raised the following serious issues concerning decisions made to date by the Motherwell Foundation:

• Is the Dedalus Foundation providing impartial Authenticity decisions?
• Is the Foundation acting in the best interests of Robert Motherwell?
• Is The Foundation operating in the best interests of certain individual Board Members?
• Are Authenticity decisions made unilaterally or by formal Committee?
• How frequently does the Committee meet?
• Is there a formal Authenticity procedure followed for each Work of Art that is submitted?

Lindsay Pollock has written a comprehensive update in 1/20/10 The Art Newspaper regarding "a pair of lawsuits winding through New York courts".

Joan Banach is suing to to be reinstated onto the board of the Dedalus Foundation."Banach filed an amended complaint on 10 April 2009, adding gender discrimination to a long list of allegations. The fight first went public on 25 March 2009, when Banach, a 61-year-old artist, curator and art historian involved with Motherwell since 1981, filed suit in New York State court seeking to be reinstated to the board".

Pollock also indicates that in 2007 Foundation had over $59 million in assets, and continues to pay substantial six figure salaries. She indicates "Flam earned $229,336 in 2007, and executive director Morgan Spangle made $239,588, according to tax records."

Dali Park West Libel Case Dismissed Against UK Couple Who Spent $500,000., on Worthless Dalis

A defamation case against two London lawyers who are suing the Michigan-based Park West Gallery over their purchase of a set of Salvador Dalí Prints was dismissed last month."

The panel, whose recommendations are non-binding, said the Park West Gallery should pay $347,900, less than half the dollar amount they are seeking, to settle the couple’s lawsuit.

Mrs. Day, and her husband, Julian Howard, two UK lawyers, went on 7 Day Royal Caribbean Cruise Ship vacation in 2007, and spent $500,601., for 111 purported Salvador Dali Prints.

Instead of buying Art with appreciation potential, Mrs. Day, and her husband initially spent $98,000 for 11 Dali Prints while on the Cruise, and subsequently spent an additional $422,601., for 100 more Dali Prints, with an market value of about 90% less.

This initial ruling indicates this UK Couple may see some of their initial purchase price back, even even though they failed to execute any due diligence on their behalf, and did not seek an opinion from other Art Dealer/Art Professionals.

Furthermore, the couple did not view and inspect the Dali Set of 100 Prints before making the +$400,000. payment, certainly a purchase procedure no competent Art Dealer would ever recommend.

If Mrs. Day had executed less than 10 minutes of Internet due diligence, after all she is a lawyer, she would have learned that a Salvador Dali Divine Comedy Set of 100 Prints only achieved a total of $16,800., at Sothebys public auction on 10/28/05. Furthermore, this same Set of 100 Prints, has never sold for more than $20,000., ever at any public auction, clearly in conflict to the alleged $510,000., appraisal.

Andrew Lloyd-Webber Reaches Agreement To Finally Sell $50 million Picasso Painting

Andrew Lloyd-Webber Art Foundation recently announced plans to go forward with the Sale of his Pablo Picasso 1903 Painting titled The Absinthe Drinker, the $29.1 million Pablo Picasso Painting purchased in good faith by his Charitable Foundation at a 1995 Sotheby's Auction.

Originally estimated at $40-$60 million, Lord Andrew Lloyd Webber withdrew his important Blue Period Pablo Picasso Painting from a 2006 Christie's Auction, less than 24 hours before it was scheduled for sale at public auction. In 2006, Alfred Lloyd Webber was on the verge of auctioning Pablo Picasso's The Absinthe Drinker, 1903, at Christie's.

The Composer decided to withdraw the famous Picasso Painting after he "was sued by a German historian named Julius Schoeps, who said he was a grandnephew and heir to a onetime owner of the painting, Berlin banker Paul von Mendelssohn-Bartholdy."

The recent settlement comes on the heals of prior favorable 2009 court rulings which concluded Schoeps does not the legal standing to bring a claim for the painting. Nevertheless, LLoyd-Webber wanted to be sure the claims would not interfere with his ability to pass clear Title without challenge.

The details of the settlement are being kept confidential, though both sides released statements saying they were pleased with the result. The noted musical composer’s foundation said it hopes to raise as much as £33 million ($52 million) through the sale of the work and plans to invest those funds in charitable work.

"A spokesman for the composer's Foundation said the trustees were “pleased” that “Professor Julius Schoeps and all other heirs of Paul von Mendelssohn-Bartholdy and Elsa von Kesselstatt have settled and relinquished any and all claims of title” to the painting."

"Prof Schoeps and his family said in a statement: “The terms of the settlement are confidential in their entirety. The heirs now relinquish any and all claims of title to this painting."

“For the first time ever, a US court recognized that victims of Nazi persecution who lost artworks and perhaps other materials as a result of Nazi duress and pressure have a viable judicial remedy to reclaim their property without needing to establish that Nazi authorities seized it directly or ordered a particular sale."

“The Mendelssohn heirs are gratified to have participated in a case that expands dramatically the potential opportunities of Holocaust victims and heirs to recover property wrongfully taken from them.”

Thanks to the favorable Court ruling, handled by the legal firm of Paul Weiss, Webber's Foundation will benefit from a $50 to $75 million donation, dependent upon its eventual success at public auction.

Tony Rosenthal 5 in 1 Sculpture: City Asks For Restoration Help

It has been 35 years since Tony Rosenthal's 35 foot 5 in 1, 1973-74, Sculpture was installed at One Police Plaza. Recently, the Design Commission of the City of New York, has informed us that the City does not have the proper funds to take care of the years of neglect of this Landmark Sculpture installed at One Police Plaza.

The Adopt-A-Monument program helps to preserve Public Sculpture in New York City and around the Country. Mr. Rosenthal's Alamo, was the first Public Sculpture to be conserved by the Adopt-A-Monument program, and now 5 in 1 requires similar attention.

5 in 1, Tony Rosenthal's 35 foot Cor-Ten Steel Sculpture, was the second of Five Public Art Sculptures, created by the Artist now on Permanent 24/7 display in New York City. Rosenthal's Alamo, 1967 was not only the first of five New York City Public Art Sculptures, but also has the well-known distinction of being the first Post War Contemporary Sculpture purchased by The City of New York.

Tony Rosenthal's Art is so familiar and has been part of the Public Art Landscape for decades that more people recognize Tony Rosenthal Art than known the name of the man who created it.

Best known for his large Public Art Sculptures, Tony Rosenthal created Sculptures in a variety of mediums, including Wood, Aluminum, Cor-Ten Steel; sizes, from Maquettes of a few inches to Monumental Outdoor Sculpture of several hundred feet. Instantly recognizable and seen by millions every year, Rosenthal's Sculptures are better known by their shape and landmark appearance.

Edward Albee, the Pulitzer Prize Winning Playwright, said it best in his introduction to Sam Hunter's Book "Tony Rosenthal," Rizzoli, 1999, "Tony Rosenthal goes to his studio every day, wrenches steel, bends aluminum, cuts and bolts, fashions and refines. He is both artisan and artist, rendering conscious that which his creative instinct insists upon."

5 in 1, 1973-74, consists of five interlocking discs which represent the interconnectedness of the City's Five Boroughs, Bronx, Brooklyn, Manhattan, Queens and Staten Island.

Although Tony Rosenthal created Abstract Art for over five decades, there was nothing random in the process of creation and his Maquette is no different. Rosenthal envisioned interlocking discs painted red in Maquette's for 5 in 1.

However, a lack of funds prevented the Red Coat of Paint specified by Rosenthal, and the Sculpture was initially installed with the raw Cor-Ten Steel exposed. Because of the exorbitant cost of constantly removing graffiti, funds were raised to paint the 5 in 1 Sculpture Red, ultimately completing the One Police Plaza Commission with the Artist's original vision.

Condition Matters!

Buyers often overlook Condition when selecting Art by Price.

Too often buyers make the wrong decision when comparing prices from different Sellers, especially when the higher priced Artwork reflects differences in condition. Artwork in superior condition is always more valuable than Art that is torn, broken, repaired, faded, erased, reduced in size, or even worse, counterfeit.

Ellsworth Kelly Red/Blue Screenprint: 2 Examples

A High Priced Auction Lot Does Not Always Equal The Best Condition

The above shows a Side-by-side comparison of 2 examples from the same Ellsworth Kelly Red Blue Screenprint Edition, each from the same Limited Edition. On the left is an impression Sotheby's NY sold for $64,000 in 2007; on the right, an impression of the Ellsworth Kelly Red/Blue available from Joseph K. Levene Fine Art, Ltd., for less than $10,000, which is not only less expensive, but considerably more vivid and brighter.

Many Buyers "save money" but unknowingly purchase compromised Art.

Sometimes Buyers are mistakenly told a Work of Art is "Mint" or "Pristine" or "Not Faded" when the contrary is true, resulting in the purchase of an inferior Work. The truth is there is no savings as the Work is just not worth buying at all and the Seller description was purposely deceptive to encourage purchase.

Quality Art always appreciates faster.

Many Sellers do not disclose condition, forcing Buyers to guess. Importantly, when the condition of a Work of Art is omitted, never assume the Art is satisfactory; protect yourself and ask. But, and there is a big "but" here, never assume that the answer you get is accurate, as many Sellers often over promise.

• Some Sellers, Auction Houses, Galleries and Online Auctions will claim a Work of Art that is offered for sale is problem free, even when the photographs in the Lot show otherwise.
• Many Internet Art Sellers, Galleries and Auction House personnel do not properly evaluate the condition of Art they are offering.
• Many Sellers are not knowledgeable, including Art Galleries, Auction Houses, Online Auctions, etc.
• Other Sellers of Art are purposely deceptive because they realize the truth will kill the potential sale.
• Some Art Sellers are purposely misleading so as to take advantage of the unsuspecting Art Buyer.

Always Request An Objective Condition Evaluation.

Many Art Sellers prefer not including an objective/accurate condition statement since that information will only discourage the Buyer. Other Art Sellers do not document the condition issue on their Invoice, because it may provide future liability evidence. In fact, we consistently a pattern of meaningless "condition" statements from online auction Sellers who routinely state "no damage to the Lot", when the Photographs clearly show otherwise.

Famous Name Auction Houses Can Be Inaccurate Regarding Condition.

Don't be fooled by famous Auction Names as a "guarantee of condition". Just because the Art is being sold by a "famous" Auction House, that does not mean the condition reported is accurate. Remember, all condition statements provided by auction houses are merely "opinions" that don't hold up after you have purchased the Lot as all auction houses are quick to point out, they are not able to provide "condition evaluations". To be certain, you must either inspect the Lot yourself if you are knowledgeable, or hire an expert on your behalf.

Only Buy Fine Art from Reputable and Professional Fine Art Dealers.

Having a relationship with a Professional Art Dealer will pay off in the long run. Many Art Dealers are not professional, and some have never seen the Work of Art they are selling now, or even have the connseurship to know if the Work of Art is at all compromised.

When you need a doctor, you would never call a plumber.

There is a difference between an amateur and a Professional Fine Art Dealer, unless you like throwing money down the drain.

Jailed UBS Banker Who Named Names May Earn Billions.

According to the New York Times, Bradley C. Birkenfeld, a former private banker at UBS Bank, may earn a multi-billion dollar reward if he wins his pending whistle blower lawsuit vs. the IRS.


Even though Mr. Birkenfeld will soon be living in a jail cell for the next 40 months, he claims he is due billions because he provided the IRS with specifics of the 4,450 UBS Clients, otherwise known as United States tax dodgers who banked with UBS Swiss Bank.  The whistle blower law has a provision that he is entitled to 15%-30% of the resultant IRS taxes, fines, penalties, etc., due because of the information he provided.

"Scores more are coming forward independently to disclose their assets. More than 14,700 offshore tax evaders emerged under an I.R.S. amnesty program, and while the I.R.S. does not yet know how many are from UBS, it presumes that the majority are."

"Now, as thousands of wealthy Americans seek amnesty for keeping illicit, offshore bank accounts, Mr. Birkenfeld and his lawyers hope to use a new federal whistle-blower law to claim a multi-billion dollar reward from the American government. If they succeed — and legal experts say the odds are pretty good — it would be the largest reward of its kind.

"Mr. Birkenfeld, who is to begin his prison term as soon as January, is being represented by the executive director of the National Whistleblowers Center, Stephen M. Kohn." "We are seeking at least several billion dollars,” Mr. Kohn said".

Sotheby’s Defines Art Market With Contemporary & Impressionist Auctions.

Directed with the skill of an Academy Award Movie, Sotheby's demonstrated it is the leading Auction House for Contemporary and Impressionist Art. Importantly, Sotheby’s Evening Contemporary Auction thrived along with Andy Warhol; the $134 million total considerably exceeded the $97.7 million projection.

• 7 of the top 10 Contemporary Part I Lots were Auctioned by Sotheby's. 
• Andy Warhol comprised $55 million or 42% of the Night's tally.
• Andy Warhol 200 Dollar Bill Painting, achieved $43.7 million, the 2nd highest price ever.
  
• Sotheby's Part I Sale had an Average Lot price of $2.6 million vs. Christie's $1.9 million.

Sotheby's Contemporary Sale showed buyers were eager to purchase Quality Art if estimated correctly, as long as the material is fresh to the market and the quality outstanding. 

Estimated at $8 to $12 million, the Andy Warhol, 200 Dollar Bill Painting achieved $43.7 million, making it the second highest price ever paid for a Warhol at Auction, in between the $71.7 million achieved by the Andy Warhol, Green Disaster; 5/16/07 and ahead of $32.5 million achieved by Double Marlon Brando 5/13/08.

Sotheby’s performance was strong two weeks in a row with a 65% share of the Contemporary, Impressionist and Modern Art Auctions; Sotheby's realized $390.5 million vs. Christie's $205.9 million.

Warhol’s outstanding Sotheby's performance was in sharp contrast to the “doom and gloom” at Christie’s the night before when the Tuna Disaster Painting failed to sell, Brett Gorvy, Christie’s International Co-Head of Contemporary art, stated was  “too sophisticated, too intellectual for most collectors."

Fast forward 24 hours; the painting was over estimated and would have benefited in the better paced and more successful Auction at Sotheby's.

Is The Christie's Presents Gucci Collector Site A Test?

The New York Times announced that Gucci has joined with Christie's to help combat fraud which has proliferated on eBay and will introduce a New Website for Vintage Gucci Goods that will be Authenticated for Buyer Safety.

Both Christie's Auctions and Gucci are owned by François Pinault, the French tycoon whose fortune is estimated at about $17 billion.

To be known as the Gucci Collector Site, presented by Christie's, the new site, will "Authenticate Gucci Items and also include an online Auction section."

According to the New York Times, the online business "will provide a trusted venue for transactions of vintage Gucci items, thereby avoiding recourse to uncontrolled auction sites such as eBay, said Patrizio di Marco, chief executive of Gucci".

"The site, scheduled to be up and running by the end of the year, will include a dedicated section on www.christies.com where those seeking appraisals will be able to upload images of Gucci objects for examination."

If deemed a success, is the Gucci Collectors Site, Presented by Christie's a test for possible expansion of additional categories currently sold by the Auction Firm?

After all, Christie's, unlike its competitor, Sotheby's, auctions more lesser priced lots of Jewelry, Furniture, Art, Silver, Carpets, Antiques, etc., with its Christie's Interior Sales.

According to Christie's, "With lower price points and an ever-changing repertoire of fine and decorative art, these sales truly boast something to suit every individual’s taste. Property offered in these sales is thoroughly researched by our experienced global team of specialists to ensure the utmost attention to quality and authenticity for which Christie’s auctions are known."

If Christie's decided to expand the Gucci Collector Site, presented by Christie's, there would also be an overhead reduction by eliminating catalogues, exhibitions, etc.

Christie's knows that to be successful, online auction material must be guaranteed Authentic and vetted by an "expert", currently lacking at eBay, as rampant fraud and counterfeits exist 24/7.

In 2007, we wrote eBay Could Easily Eliminate Fraud If They Hired Department Experts as a way for eBay to curtail counterfeit/frauds.

However, we concluded eBay Management prefers generating listing revenue over meaningful consumer fraud protection.

Patricia Frost, Christie's Fashion Director, who has been with the firm since 1986, will Administer the new site. Ms. Frost will work with an in-house Gucci archivist in Florence to evaluate items for potential sale at auction.

Delegating authority to someone who will have the authority to immediately remove lots, is a sharp contrast to the "complacency" favored by original eBay Management, Meg Whitman and later Bill Cobb.

The Christie's/Gucci business model is reminiscent of the conditions of sale required by sothebys.com auction site, launched over a decade ago.

sothebys.com was an auction site which obtained its material from Licensed Charter Sothebys.com Sellers who offered collectibles for sale.

Various Licensed Charter Sellers were recruited, each experts in their respective categories; i.e., Fine Art, Antiques, Jewelry, Books, etc.

As a requirement, all Sotheby.com Charter Sellers had to "provide a guarantee of authenticity and condition of all property they sold", a stipulation not required by eBay.

To be clear, Sellers of Books were only authorized to sell collectible books, not diamond rings, art, etc.

On eBay, anyone can list anything and just about anywhere.

For instance, eBay has even an "Art Dealer Category" for those listing fine art listing, and logic would say, you will not be approved if you are not a "professional art dealer"; however, there is no such requirement.

Sadly, eBay has not implemented any meaningful procedures to eliminate Fraud, prevalent 24/7.

Should you see fraud on the eBay site, good luck getting it removed.

No one has any power to do much; the rules change so fast, that even the customer service reps are handicaped as they cannot do anything unless it is in the handbook.

Nothing is ever done about a fraudulent eBay seller until significant numbers of consumers are defrauded In fact, it was not until 2009 that eBay refunded a purchase over $500.00, should fraud be proven, and in order to qualify, the buyer was forced to use PayPal, nothing else.

eBay Counterfeits became so pervasive, we wrote the 2007 Article Titled eBay Scam Alert: Fine Art or Fake Art? How Can I Be Sure?

That won't happen at Christie's.

New Website Raises Ethics Accusations About Heritage Auctions

Heritage Auctions, a Texas Auction Firm that has recently announced expansion plans into New York
City is facing a multitude of lawsuits that allege a history of bidding manipulation and shill bidding.

Mostly known for Collectibles Auction Sales, including Baseball Cards, Coins, Movie Posters, Comics, Heritage Auctions is now attempting to gain a greater share of the Contemporary Art market.

A website has been created at www.heritageauctionslawsuits.com raising a series of serious ethics accusations about the Firm.Visit the website and review a detailed 25 year documentation of Heritage Auctions' prior and current court files, including articles; sanctions; documents; allegations, etc., which should make any bidder pause before purchasing any Lot at Auction, anywhere.

When buying at auctions, buyers want to know:

Authenticity of the Lot
Will the Auction House stand behind the Lot for the 4 Years as required by the Uniform Commercial Code? Sotheby's and Christie's will; be sure the Auction House you are buying from does as well.

Ability to Pass Clear Title
Is the Auction House able to pass unencumbered Clear and Good Title?

No Backroom Manipulation
Does the Auction House participate in Shill Bidding or inflate auction prices up with phony bids; something alleged to happen on Cruise Ship Auctions too?

A former senior Civil War consultant for Heritage Auction Galleries further alleges this Auction House has routinely used a "fictitious staff bidder" to defraud customers.

London Times Top 200 Artist List: Picasso Warhol Johns Rauschenberg & 196 Others

The London Times announced the annual List of Top 200 Artists of the 20th Century. The Top Five artists have all been dead for at least 50 years.

Jasper Johns, the first living Artist on the list, ranks i18th with 12,988 votes, behind Pablo Picasso, Cezanne, Klimpt, Monet, Duchamp and Andy Warhol who has the eighth slot on the list.

1,461,523 Online Votes helped determine The Times Top 200 Artists of the 20th Century, including the most significant 200 painters, sculptors, photographers, video and installation Artists since 1900.

The first 20 Artists on the Top 200 List:

The Right Fine Art Due Diligence Eliminates Financial Mistakes

The Art Law Blog provides additional perspective concerning the recently dismissed Court Case involving a Julian Schnabel Painting purchased for $380,000 from a dealer who allegedly said it was worth "at least $500,000" when its true market value "was no more than $110,000."

Savvy Collectors realize the importance of independent due diligence; too bad the UK couple did not get a second opinion before spending $500,000., on overpriced Dali Prints viewed while on a Cruise Ship.

Just because an Art Dealer, Art Consultant, Art Broker and/or Auction House Specialist tells you something does not mean it is always the truth.

It is always best to work with Art Dealers who are Experts in their fields and Professional.

The minute you hear "any scare" or "pressure tactics", just run away; don't even think about buying.

Andy Warhol Painting: Signed Dated & Dedicated; Authentic Or Not?

The Richard Dorment Article in The New Review of Books is a must read for anyone who owns an Andy Warhol.

The Article discusses the class action lawsuit filed by Joe Simon-Whelan and other yet-to-be-named plaintiffs against the Andy Warhol Foundation for the Visual Arts, Inc., and the Andy Warhol Art Authentication Board, Inc., which is the committee that was set up eight years after Warhol died to determine Authenticity of purported Works by Andy Warhol.

The Joe Simon-Whelan Case revolves around a "series of ten identical silk-screened self-portraits from 1965 (Red Self Portraits), one of which is owned by the plaintiff and all of which the authentication board has declared are not by Warhol."

"The Red Self Portraits are among Warhol's best-known works, endlessly reproduced in books about the artist and on exhibition posters."

"As usual in making a silk screen, Warhol started by having the photo transferred to acetate plates. From these acetates he made two series of self-portraits. The first, which he began in the spring of 1964, consists of eleven self-portraits printed on linen, with several different background colors. These the authentication board considers genuine."

"The following year, a second series was printed from the same acetates on cotton, each with the same red background. The board denies the authenticity of this second series because Warhol was not present when they were printed."

"What happened is that Warhol gave the acetates to the publisher Richard Ekstract in exchange for the use of the expensive Norelco video equipment that Ekstract had loaned him to make his first, groundbreaking videos."

"Morrissey further says that Warhol spoke to the printer over the phone to give him specific, detailed instructions regarding the colors he wanted the printer to use. Both Warhol and Morrissey communicated with the printer, but Morrissey is clear that neither was present during the silk-screening process. After the printing, Ekstract returned the acetates to Warhol."

"The ten self-portraits in the second series were exhibited at a party Ekstract gave on September 29, 1965, both to celebrate the premiere of Warhol's first video with Edie Sedgwick and to launch Ekstract's magazine, Tape Recording. When the party was over, Warhol gave the self-portraits as a form of payment to Ekstract, who in turn took one for himself, gave two to the printer, and presented the rest to the people who had helped with the videotaping."

"So far, it might be possible to argue that whatever Warhol's working practice was later in his career, the second series of self-portraits is not authentic because he was not present when they were printed."

"This argument is undermined by one overwhelming fact: one picture in the series, now owned by the London collector Anthony d'Offay, is signed and dated by Warhol, and dedicated in his own handwriting to his longtime business partner, the Zurich-based art dealer Bruno Bischofberger ("To Bruno B Andy Warhol 1969"). Since the Renaissance, a signature is the way artists such as Mantegna and Titian acknowledge the authenticity of their work."

"When a work is deemed not to be by Warhol, it is mutilated by stamping it in ink on the reverse with the word "DENIED"—thereby rendering the picture unsaleable even if the board later changes its mind. Although a lawyer for the board has said that no one forces applicants to submit works for authentication, no auction house or dealer will handle a work whose authenticity the board has questioned. A painting stamped DENIED is worthless.'

"The single most important thing you can say about a work of art is that it is real, that the artist to whom it is attributed made it. Until you are certain that a work of art is authentic, it is impossible to say much else that is meaningful about it. The separation of the real from the fake is the cornerstone on which our understanding of any artist's work is based."

"The very nature of the silk-screening process makes Warhol a particularly easy artist to fake because there is virtually no difference between the appearance of a silk screen that Andy Warhol made with his own hands and one that an assistant might have run off after-hours. From early on, Warhol signed some works and used a stamp of his signature on others—but sometimes he didn't sign a work at all."

"The task of an authentication board for Warhol's works is therefore not easy. But decisions like the one about the "Bruno B Self Portrait" at best raise doubts about this board's competence and at worst about its integrity. For with assets in the region of $500 million worth of art, the Andy Warhol Foundation funds its charitable activities by selling the works it owns."

"This has left it open to the accusation that it is in the foundation's financial interest to control the market in Warhols. Simon-Whelan's lawsuit alleges that the board routinely denies the authenticity of works by Warhol in order to restrict the number of Warhols on the market and thereby to increase the value of its holdings."

Anthony D'Offay donated this dedicated Warhol Painting to the Tate Modern, but this generous gift is on hold pending resolution of the class action case.

Fraudulent Art Insurance Claims Increase Due To Economy

A recent article in the The Art Newspaper, indicates "the number of fraudulent claims is rising rapidly and experts predict they will continue to increase until the economic situation improves."

"According to the Association of British Insurers, in 2008 there was a 17% rise in fraudulent claims compared with the previous year. This amounted to 2,000 dishonest claims made in Britain every week. The total value of these in 2008 was £730m - 30% up on 2007."

"Another common problem is the exaggeration of a work's value when it has been lost or damaged"

This is why the Richard Weisman alleged theft of 11 Andy Warhol paintings, valued at a reported $25 million, has attracted much attention and controversy since the 2009 values would be substantially lower.

Although insured for $25 million, Mr. Weissman has apparently canceled his insurance claim for the 11 Andy Warhol Paintings. In 2007, although Mr. Weisman tried unsuccessfully to sell the Andy Warhol Suite of Paintings for $28 million at an Art Gallery in London, he was still able to insure them for nearly that amount, which raises the question as to who appraised them and on what basis.

"Weisman said he realizes some people might view it as strange for him to walk away from so much money."

"Some insurers regard the discussions with clients over these claims as a "negotiation", others classify the claims as straightforward fraud. Clare Pardy of the firm Ecclesiastical, which insures most of the Anglican cathedrals in Britain as well as major historic homes such as Chatsworth and Blenheim, says "the exaggeration of a claim" is fraud."

"Insurers say the cumulative effect of inflated claims is "enormous", leading to higher premiums across the board. "We aim to make this more difficult by insuring everything on an agreed value basis," says Pardy."

"Most specialist insurers underwrite all art by agreeing a specific value for each work with their client. However, many non-specialist firms group several works together and insure them for a lump sum."

"This can lead to serious disagreements over an object's supposed value when a claim is made on a specific work within the group."

Jasper Johns Prints: Important Unique Proofs Exhibition At The National Gallery

A Jasper Johns Prints Exhibition Titled Editions with Additions: Working Proofs by Jasper Johns is on display at The National Gallery, Washington until April 4, 2010.

Ruth Fine, curator of special projects in modern art, selected 42 Jasper Johns from the 1700 Jasper Johns Proofs for 300 lithographs, etchings, and screenprints that the National Gallery has acquired from the Artist.

The Collection, includes almost all the memorable images associated with Jasper Johns from the postwar era — flags, targets, maps — and more recent compositions with references to works by earlier artists.

"This extraordinary body of work, which incorporate a range of media that includes graphite, pastel, ink, and watercolor, has been created and carefully annotated by Johns over four decades. It will be the largest institutional repository of works by Johns."

According the National Gallery Press Release, "Johns' proofs—including state and color trial proofs as well as working proofs—mark stages within the development of his printed images."

"It is in this context that his working proofs are best known. Part drawing and part print, the working proofs offer the additional opportunity to view Johns' motifs through the expressive lens of this combination of media, affirming the artist's comment that "an aspect always of interest to me is to develop an idea or an image and execute it in different ways to determine what its meaning could be."

The Jasper Johns Prints Exhibition "is arranged chronologically, and several works are on public view for the first time. The initial section of the show features working proofs from the 1960s and 1970s to introduce several motifs that Johns continues to revisit in paintings, drawings, and sculpture as well as in prints: letters of the alphabet, targets, names of colors, and body parts."

"Works in the second section include complex compositions from the 1980s and 1990s, in which Johns introduced autobiographical references, such as an image of his shadow, family photographs, a floor plan of his grandfather's house, and works of art by others that he admires, including ceramic objects by George Ohr".

"A master in many media, Jasper Johns is a printmaker of immense curiosity and skill." Since 1960 when he made his first lithographs, he has added etching, screenprint, and other techniques to his repertoire and has completed more than 300 print editions."

"He takes full advantage of the inherent nature of printmaking techniques to reverse and duplicate images. Johns often sets his matrices aside after an edition is completed, sometimes for years, and later reworks them for a new edition, evident from the working proofs for different versions of The Seasons.

"Among the proofs shown in the Exhibit are different versions of Jasper Johns' The Seasons. In the fourth version of the The Seasons, Jasper Johns cut apart used printing plates from past works to fit them together like a jigsaw puzzle to create a new image, according to Ms. Fine.

The Tate Replaces Richard Prince Nude Photograph of Brooke Shields

According to a Press Release from the Tate, “in consultation with the artist, Richard Prince, the Tate has replaced Spiritual America 1983 with a later version of the work made by him in collaboration with Brooke Shields.

The replacement Richard Prince Photograph of Brooke Shields is titled Spiritual America IV 2005.

The original Richard Prince Photograph showed the actress standing naked in a bathtub, with a heavily made-up face and oiled torso.

"The original picture was withdrawn by the Tate Modern following a visit by the Metropolitan Police who are consulting the Crown Prosecution Service over whether the image breaches the Obscene Publications Act."

"The Tate chose to include the original picture in the Pop Life: Art In A Material World after consulting lawyers. It has been exhibited in the US before but never in Britain."

Maurizio Cattelan Artworks Continue To Appreciate

Maurizio Cattelan Art Prices continue to increase according to the Economist.

Astute at business and Art, Maurizio Cattelan has created a strong demand for his edgy Art.

At Sotheby's Part I London Contemporary Sale at the end of June 2009, most lots sold near their low estimate except Maurizio Cattelan's Mini-Me Multiple, created in an edition of ten.

Estimated at £180,000 to £250,000, two phone bidders drove the auction price to an astonishing £493,000 in the London Auction for the Cattelan self-portrait.

Recently a Maurizio Cattelan Sculpture titled Him was sold for $10 million. Him is a spookily realistic depiction of Hitler kneeling in prayer. Among other things, it poses the question: if the Führer asked for absolution, would God forgive him?"

"Stefan Edlis, a Viennese-born Holocaust survivor and eminent American collector, is a proud owner an edition of the work."

“When people see this piece,” says Edlis, “they react with gasps, tears, disbelief. The impact is stunning. Politics aside, that is how you judge art.”

"Cattelan is represented by three prestigious dealers; Marian Goodman in New York, Massimo de Carlo in Milano; Emmanuel Perrotin in Paris and an influential art advisor, Philippe Segalot, but the artist hasn't had a show in a commercial gallery since 2002. “

"Cattelan seems delighted to make specific works for individual collectors, but patrons beware. Ben Brown, a London dealer, commissioned a portrait of his grandmother; Cattelan made a unique work called Betsy consisting of a life-like old lady jammed into a fridge."

"Peter Brant, a Connecticut-based newsprint magnate, commissioned a portrait of his wife, Stephanie Seymour; Cattelan created a bust in the style of a mounted moose head, which the art-world has nicknamed Trophy Wife." Cattelan shrewdly created Trophy Wife in an edition of three so other Collectors could own his Portrait of Stephanie Seymour.

François Pinault, an important Art Collector and owner of Christie's, asked the artist to "think about what he might make for him, Cattelan suggested a tombstone inscribed with the epitaph, Pourquoi Moi? Mr. Pinault’s family was initially too uncomfortable with the idea, but Cattelan persisted and the family recently acquiesced."

Banksy Tops Pollock, Koons, Johns, Bacon, Monet, Degas, Van Gogh on Christie's Top 100 List!

Banksy ranks #2 Rank on Christie's Top 100 List.

According to Christie's, Banksy is the second most important Artist, ahead of Marc Chagall, Frida Kahlo, Claude Monet, Pablo Picasso, Japser Johns, Vincent Van Gogh, Alexander Calder, Edgar Degas, Robert Rauschenberg, Winslow Homer, David Hockney, Damien Hirst, Cy Twombly, Jim Dine, Paul Gauguin, etc.

• Marc Chagall (3)
• Frida Kahlo (4)
• Pablo Picasso (5)
• Claude Monet (8)
• Vincent Van Gogh (10)
• Jackson Pollock (11)
• Francis Bacon (15)
• Jeff Koons (21)
• Jasper Johns (36)
• Robert Rauschenberg (40)

According to Christie's, Banksy is now more important than every other Artist except Andy Warhol?

Come on!

The Top 100 Christie's List indicates that Damien Hirst is more important than:

• Mary Cassat (29)
• Jasper Johns (36)
• Paul Gauguin ( 53)

How did Christie's decide that Gerhard Richter is less important than Andy Goldsworthy (24)?

Did you know that John Currin (73) is less important than Andrew Wyeth (13) and more important than Toulouse Lautrec (100)?

Can it really be true that George Braque (99) is the second least important Artist on Christie's Top 100 Artist List?

The introduction of this absurd List is demonstrates that just because an Auction House such as Christie's or Sotheby's makes an announcement, it is often not accurate.

This shows up consistently when an Auction House overstates Condition, and/or overestimates a Work of Art.

See the Christie's Top 100 List for yourself as it exists today, as we are certain Christie's will soon correct this gross error.

Scotland Yard Bans Brooke Shields Nude Photograph At Tate

The Tate Modern has confiscated the famous Richard Prince Nude Photograph of Brooke Shields, when she was 10 years old because it violates UK obscenity laws. Titled "Spiritual America", the Shields Photograph is a photograph of a photograph, something Richard Prince often creates.

Scotland Yard also confiscated the Tate Exhibition catalog, which contains Prince’s Shields image.

The Original Richard Prince Photograph was approved by Brooke Shields's Mother, in exchange for payment of just $450! The source photograph had been created by Gary Gross, a commercial photographer, on behalf of Playboy.

"Prince used the image as the source material for his own 1983 piece; he placed it in a gilt frame and displayed it, without labelling or explanation, in a shopfront in a then rundown street in Lower East Side, New York. The title comes from a photograph by Alfred Stieglitz from 1923 of a gelded horse."

The Richard Prince Photograph was to be included in the Tate Modern Exhibition titled Pop Life: Art in a Material World . It has been removed from display after a visit to Tate Modern by officers from the obscene publications unit of the Metropolitan Police in London.

The Tate Pop Life Exhibition also includes Art Works by Tracey Emin, Keith Haring, Jeff Koons, Andy Warhol, Damien Hirst and Takashi Murakami.

According to the Tate Modern, Pop Life: Art in a Material World proposes a re-reading of one of the major legacies of Pop Art.

"The Exhibition takes Andy Warhol’s notorious provocation that ‘good business is the best art’ as a starting point in reconsidering the legacy of Pop Art and the influence of the movement’s chief protagonist. Pop Life: Art in a Material World looks ahead to the various ways that artists since the 1980s have engaged with mass media and cultivated artistic personas creating their own signature 'brands'.

"Pop Life: Art in a Material World argues that Warhol’s most radical lesson is reflected in the work of artists of subsequent generations who, rather than simply representing or commenting upon our mass media culture, have infiltrated the publicity machine and the marketplace as a deliberate strategy."

"The Exhibition begins with a focused look at Warhol’s late work, examining his related initiatives as a television personality, paparazzo, and publishing impresario. Highlights include a number of works from his initially controversial series known as the Retrospectives or Reversals."

"A Scotland Yard source said the actions of its officers were "common sense" and were taken to pre-empt any breach of the law. The source said the image of Shields was of potential concern because it was of a 10-year-old, and could be viewed as sexually provocative."

Clearly the arrest of Oscar Wnning Director Roman Polanski does not help public good will and may have influenced Scotland Yard. On Sept. 26, 2009, in a surprising move arranged by prosecutors in Los Angeles and Washington, the authorities in Switzerland arrested Mr. Polanski as he arrived at the Zurich airport, paving the way for possible extradition.

"In an essay in the exhibition catalogue Jack Bankowsky, co-curator of the exhibition, describes the image as of "a bath-damp and decidedly underage Brooke Shields"

"When Prince invites us to ogle Brooke Shields in her prepubescent nakedness, his impulse has less to do with his desire to savour the lubricious titillations that it was shot to spark in its original context … than with a profound fascination for the child star's story."

Polaroid Photography Collection: Who Should Get The Proceeds?

According to the Boston Globe, some Photographers are questioning ownership of the Photographs in the Polaroid Collection, scheduled for sale by Sotheby's next year.

“Hey, wait a minute!’’ is the widespread reaction of some photographers and former Polaroid employees blindsided by the proposed sale. “I was responsible for accumulating some of this collection,’’ recalls former Polaroid staffer Sam Yanes."

“I thought we didn't buy these photographs, we just bought the right to use them. I talked to Manfred Heiting and Ted Voss, who also worked on the collection, and they agreed with me, that was the case.’’

Photographer John Reuter, who lives in Longmeadow, has about a hundred prints in the portion of the collection that Sotheby’s chose not to sell. “There are some really nice pieces in there,’’ he says. “I am going to try and get them back.’’

“I am disappointed that it has come to this,’’ says William Turnage, who manages the Ansel Adams Trust. “I suspect that Dr. Land is rolling over in his grave.’’

The Polaroid Photography Collection includes Works by:

• 27 Ansel Adams
• 78 William Wegman

• 59 David Levinthal

• 22 Lucas Samaras
• 19 Timothy Greenfield-Sanders
• 16 Duane Michals

• 14 Imogen Cunningham

• 13 Andy Warhol Large Scale Self-Portraits

• 10 Robert Rauschenberg

The ARTnews Top 200 Collectors List Continues Strong US Concentration

The ARTnews 200 Top Collectors 2009 List includes Collectors with the following primary geographical residency.

• 106 Collectors make their primary home in the United States
• 14 in Germany
• 13 in United Kingdom
• 12 in Switzerland
• 9 in France
• 4 in Spain
• 4 in Italy
• 4 in Canada

Most of the Top 200 Collectors collect Contemporary and Modern Art.

Here are the first 20 of the Top 200 ARTnews Names:

1. Juan Abelló
2. Roman Abramovich
   
3. Barbara and Ted Alfond
   
4. Paul Allen
   
5. Plácido Arango
6. Hélène and Bernard Arnault
   
7. Hans Rasmus Astrup
   
8. Maria Baibakova and Oleg Baybakov
   
9. Monique and Jean Paul Barbier-Mueller
10. Cristina and Thomas W. Bechtler-Lanfranconi
    
11. Leonora and Jimmy Belilty
    
12. Maria and William Bell Jr.
    
13. Debra and Leon Black
    
14. Neil G. Bluhm
    
15. Christian Boros
    
16. Frances Bowes
    
17. Irma and Norman Braman
    
18. Udo Brandhorst
    
19. Peter M. Brant
    
20. Edythe L. and Eli Broad