Art authentication for Keith Haring paintings

An article on “Artnet news” from February 26 2014 questions about complex questions about the authenticity of some artworks.

http://news.artnet.com/market/authenticity-fight-over-keith-haring-paintings-raises-complex-questions-2641

In the US everybody can sue everybody for whatever reason.

How dieper your pockets are how more chance you have to succeed in your lawsuit,

That you are right or wrong….not really my concept of justice but it is what it is.

In Europe you need to go first in front of an instruction judge who will decide the case can go on trial or not.  I will explain why this difference is so important later on in my expose.

Auction houses require from the sole authenticator a certificate of authenticity for a painting they will offer for auction.

Each painter has his own sole recognized authenticator.

(1)  Unless a painting is known since day one of its creation and has an undisputable history until the painting is submitted for auction only in this case it will not need the certificate of authenticity from the sole recognized authenticator.

The sole recognized authenticators have every right to accept an artwork for authentication or refuse it. They are supposed

-       to know the artwork of the artist – because they were their merchant, secretary, wife etc

-       also they are supposed to own the complete archives from the artist so that they can make the proper research about one or another painting.

-       They more and more become the author of the “catalogue raisonne” of an artist I will explain later why this is so important especially to avoid lawsuits.

In Europe in some countries like France, the sole recognized authenticator has the authority to seize an artwork and let it destroy by legal authorities.

Since the major auction houses like Sotheby’s Christie’s. Philipps, etc  refer to a sole recognized authenticator to admit an artwork in their auction (we speak of course about important auctions not the “Home” “ Arcadia” Interior” auctions. These auction houses automatically decide who the authenticator is , and in consequence what artwork will be accepted or not.

There is of course a problem of interference with the open market.

We have in consequence our sole recognized authenticator established.

Without their certificate the auction house will not go over to auctioning an artwork.

This said, in the case as described on artnet the Keith Haring foundation is the sole recognized authenticator and major auction houses will not sell any Keith Haring artwork without their approbation of an artwork unless as explained in ( 1) there is an undisputable trace all the way up to the day the artwork was created.

The Keith Haring foundation was dissolved last year  and they plan now to publish  a catalogue raisonne.

Why publishing a catalogue rasionne?

The Wildenstein Institute understood for several years where the problem was going to be with the authentications and the possibility to sue for any reason in US courts. They decided to make the catalogue raisonne for Manet, Monet, Cezanne etc.

Deleguated experts submitting an artwork of one of these artists to the Wildenstein institute, and they will not  receive from the Wildenstein a certificate of authenticity or a  denial of authenticity but only a note confirming that the submitted artwork will be included in the next edition of the catalogue raisonne  or not. But still they will insist that they don’t emit a certificate of authenticity of a denial of authenticity.

The catalogue raisonne includes the works the author estimates to be authentic. He is free to include whatever work he thinks is authentic.

This is the only way to avoid these multiple lawsuits the foundations like, Warhol foundation, Pollock foundation, De kooning foundation, Basquiat Foundation could face if they were denying an authenticity.

Concerning these Keith Haring paintings showing up almost 15 years after his dead..

I find it very strange , not to say unthinkable, that someone, a graffiti artist himself, drug addict, etc will keep for 15 years a treasure of almost 50/80 Million S. ( Artnews speaks about 91 paintings total ) without showing it to anybody.

Angel Ortiz who was discovered at the age of 13 years by Keith Haring as a potential great artist, worked for 8 years until Keith Haring died with him on several major projects. Mr. Angel Ortiz himself recognized he made some Keith Haring paintings, he was also charged by the Keith Haring foundation to restore a major artwork created by Keith Haring on…

In the complaint, the foundation laid out its mission as “the successor-in-interest to and owner of the intellectual property of Keith Haring, the world famous artist. The Haring Foundation’s mission is to sustain, expand, and protect the legacy of Keith Haring, his art, and his ideals.” This case was settled a few days ago.

It is totally normal that the Keith Haring foundation interdicts an exhibition of Keith Haring artworks if the foundation priorly declared these paintings to be fake.  The foundation was created by Keith Haring himself to protect his oeuvre, and accomplish several academic works etc

That an auction house accepts to offer for auction a Keith Haring work without the Foundation certificate is absolutely legal and normal since the auction house has the undisputable proofs of the history of this painting ( explained in (1)  

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