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)
Keywords: Keith Haring authentication, Little Angel, fake Keith haring,
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