but because of the people who don’t do anything about it.” Albert Einstein
“It” appears so harmless.
“It” is an inert life, captured in a moment between helplessness and peace. But, “It” is disturbing. “It” fills you with disdain, disgust and horror, not for “It’s” amniotic suspension, realism or political statement… but for “It’s” face. A face, as they say, only a mother could love…. And that too might strain credulity.
“It” is Hitler.
This is not the goose-stepping, vitriol-spitting, genocidal xenophobe who came to define the first half of the 20th century and beyond, but instead a Hitler at his most helpless. A baby. An innocent baby. What’s more than that, “It” is a foetus… Or, in parlance perhaps we should call it a fötus. However, this fötus, floating harmlessly in a preservative cocoon in a Pre-Mengelian visualization, provides us a glimpse of a bottled beast, of the calm before the storm. In the process, it challenges our own morality and presents us with a dilemma.
What would you do? Would you smash the womb that contained this face? Would you nurture the child inside? Would you do either knowing what “It” would become?
Without polemic on abortion, nature vs. nurture or the politics of the Third Reich, Parisian sculptor Alexandre Nicolas (b. 1970- see below) presents Hitler to us in the simplest of terms. Naked. Raw. Emotionless. It is only when we bring ourselves into the debate do we feel the gut-wrenching disgust and helplessness in knowing we are probably not strong enough, wise enough or prescient enough to take any action at all. And if we did… What would it say about us?
Nicolas has debuted on the international Art scene on touchy ground for a young, emerging talent. Perhaps this is where he is best suited, straddling the line between Damien Hirst’s “The Physical Impossibility of Death in the Mind of Someone Living” (BELOW- Left) and Ron Mueck’s 17 foot long “A Girl” (BELOW- Right). Whereas Mueck’s photo-realist work, which uses its enormous scale and hyper-realism to discomfit viewers, Nicolas’ “Hitlerfötus” achieves revulsion because of the subject. Small, helpless and breathing it creates a moral question without taking sides. It neither condones action, nor does it condemn it. Neither Nicolas’ or Mueck’s works make implicit statements abortion, life or death, but they provide powerful allusions without revealing the artist’s respective positions on divisive issues. This is precisely why they are compelling. Each work is ratified by the viewers by the very act of feeling, positively or negatively.
In the simplest terms… each artist leaves it for you to decide. Whether you love it or hate it. Whether you want to own it or burn it… is up to you and you alone.
Miami Art Space was the place selected for another satellite art exhibit in Wynwood but also served as a launching of a worldwide art initiative to showcase artists and designers through innovative exhibitions and sophisticated receptions. More than 30 sponsors supported the event. Paul Fisher, Bruce Helander, Reed V. Horth and Val Torres served as curators and art consultants. When you arrive early to these shows, there is an opportunity to interact with the artists, consultants, socialize with the media and local people just before it gets busy and there is less chance to have the art for yourself and appreciate its beauty. During the day, the abrupt weather change in Miami brought some rain on the art district driving nuts the organizers of the show- Event Visions Consulting. Event producer Brian Guertin was running around at the very last minute to have everything in place like nothing ever happened. Very Good job! From all the things we saw, some familiar, some not, there is definitely one gallery that stood out, Robin Rile Fine Art Concierge. http://www.robinrile.com/They brought amazing work from artists Viktorija Bulava and Daniel Bilodeau. Viktorija, pronounced Victoria, from Riga, Latvia was the artist within the firm with more pieces to showcase in Miami. Each painting was so carefully and beautifully created with such a perfect technique that images won’t be able to capture the elegance and delicacy of her work.
The Ferrari news of the week is actually far more cultured than the headline reads.
When Reed V. Horth of the Robin Rile Fine Art gallery first contacted the Exotic Car Examiner about an upcoming show exhibit he was hosting in Miami, Florida he failed to mention that the Ferrari car art he would be exhibiting would be racy for reasons not related to the Scuderia team.
Artist Viktorija Bulava of Latvia has incorporated nude figures of lovely blonde women with the image of a Ferrari Testarossa in a striking oil on canvas that will surely capture the hearts and minds of gentlemen car lovers attending the December 2009 SATELLITE Art + Design Exhibition at Miami Art Space.
Thank you, Reed, for sharing the story with fellow members of the Italianizzato Club and making sure the artist gets kudos from the exotic car community who follow Ferrari Maserati News. ‘Naked in Car’ fine art is greatly appreciated by many members of the exotics community — and we are certain that should the artist elect to allow the work to go on a display tour, that many Ferrari dealerships and exotic car stores around the country would be delighted to guest exhibit the painting as a featured Ferrari memorabilia item.
FERRARI PAINTING TO SHOW AT PRESTIGIOUS ART FESTIVAL
The show marks the launch of a global art initiative to showcase artists of all mediums and well-known and emerging designers from all over the world through innovative exhibitions & sophisticated receptions.
The overall theme for SATELLITE is Organica: A Celebration of the Human Body and Nature in Art and Design — and that is where the stunning and highly collectible Ferrari art piece comes into play. As a show feature, the painting will undoubtedly stop traffic and turn just as many heads as the actual exotic car itself would when viewed by passersby on the street.
In addition to the inclusion of works by artists from the USA, Brazil, Colombia, Cuba, Greece, Italy, Spain and Slovenia, SATELLITE will also feature a curated exhibition by Reed V. Horth (ROBIN RILE FINE ART- www.robinrile.com) & Paul Fisher (our favorite Ferrari fan art collectors).
ART COLLECTORS AND EXOTIC CAR OWNERS ONE IN THE SAME
For those exotic car owners who are also art collectors, the show will surely host a collection of art pieces sure to appeal to a wide variety of style preferences and artistic tastes.
Works will include world-renowned modern and contemporary artists, sculptors, visual and glass artists such as the great Spanish Master Salvador Dali, Dale Chihuly, Jack Dowd, Andy Warhol, Diego Rivera and Bruce Helander, and emerging talents such as Viktorija Bulava (Latvia) Melanie Prapopoulos, Diana Rodriguez, Carlos Rodriguez, Ana Andras, Daniel Bilodeau (Canada), Paul Andras, Andre Brandao, Nelson Viera, Jure J. Cekuta, and Carlos Cesar Alves.
As a bonus feature to the show, independent filmmakers will be filming scenes for the movie “Pop goes the Easel” based on Andy Warhol and Peter Max in the 80’s.
For more information about the Robin Rile Fine Art Gallery, follow this link: www.robinrile.com
SPECIAL EVENT DETAILS
Event Visions Consulting in association with Dieko’s Galleries & The Arts in Action Company Presents:
Start Time: Thursday, December 3, 2009 at 7:00pm
End Time: Sunday, December 6, 2009 at 7:00pm
Location: MAS – Miami Art Space 244 NW 35th Street Miami, Florida 33127
Thanks to the Ferrari painting of this classic collectible automobile so tastefully enhanced with fine art pinup girl images being featured at this South Florida event, we suspect Italian born Enzo Ferrari himself surely would have been proud to attend this fine art gallery showcase and unique luxury gift exhibition.
Several years ago, a well-respected art dealer with whom I have known for some time brought me materials he had been given by another broker describing an oil painting from the famed Dutch master Peter Paul Rubens (born 1577- died 1640). [http://en.wikipedia.org/wiki/Peter_Paul_Rubens] The work was fantastic and carried an extensive and prestigious lineage which included The Metropolitan Museum of Art in New York and other luminaries of art collecting over the past two centuries. As the asking price was several million dollars, I felt it necessary to conduct significant leg-work prior to mentioning it to any of my clients as the research to independently verify works of this magnitude often takes quite some time. I did not doubt this dealers knowledge or professionalism but I am a natural skeptic and have spent far too many years entrenched in the art world to know the importance of properly researching a work such as this. The clients with the tastes for a great 16th century masterwork are broad indeed, but the circle becomes infinitely smaller when you seek those with wherewithal and means to make such a purchase. Therefore, as the group is small, you must be incredibly careful with presenting only works which can be independently verified, vetted and authenticated. One wrong move at this level can end you on the wrong side of a mediation panel, or worse… a pair of hand-cuffs.
Peter Paul Rubens- Massacre of the Innocents. Sold for $76.7M to Kenneth Thompson at Sotheby's, London 2002. Shown for illustrative purposes of the level of investment which can be encompassed in an authentic Rubens work.
After a few well-placed phone calls, an archivist in the Metropolitan Museum was kind enough to dig through their basement files on my behalf. There it was found that this painting was not by Rubens, but by Gaspar de Crayer (1582-1682) [http://en.wikipedia.org/wiki/Caspar_de_Crayer] a contemporary of Rubens whose work is well regarded but considerably less expensive. Though comparable in technique, age and beauty, this work was actually valued in the low hundred thousands, quite a difference from the millions of dollars it was currently being presented at. Introducing clients to works such as these without due diligence and research could have been a very serious problem down the line had someone purchased it, but luckily the work was shelved and my friend’s reputation was not compromised.
Gaspar DeCrayer- The Ascension of St. Catherine of Alexandria, c. 1641. National Gallery of Scotland. http://www.nationalgalleries.org/
This story highlights potential problems with a growing proliferation of brokers whose profession has less to do with the art itself and more to do with being a middleman in a daisy-chain of art brokers. In many of these transactions, there is less of an emphasis placed on scrutinizing the information provided and/or maintaining the integrity of the work itself and more on letting as many people know about the deal they have access to. In real estate sales, this kind of mass exposure may be advantageous, as a general rule of thumb states that the greater amount of people know about the property, the greater the chance of a sale. In the field of investment level art however, over- exposure of artwork can have an negative affect as works can be “shopped” if too many dealers present it openly on the market. Private sellers often want very few other dealers or brokers involved in this process as marquis works can become diluted. While this dilution could create a stigma around a work of art that may be unjustified, there have been many instances of artworks that fail to sell because their appearance of rarity has been compromised.
Additionally, problems can also begin to arise when many of these artworks and associated paperwork are scrutinized by professionals, authenticators, appraisers, foundations, museums and often the clients themselves who, after years of collecting, become seasoned to the artist’s works. Ideally a thorough knowledge art history along with extensive resources should be a prerequisite for art brokers, but oftentimes these “runners” have little knowledge of the intricacies of art and know even less about nuances in provenance, or lineage, of a piece of art. When it comes to investment level art, being a good salesperson is not enough and simply presenting a work as a “Rubens”, “Picasso” or “Dali” does not make it so.
"Provenance: How a Con Man and a Forger Rewrote The History of Modern Art" by Aly Sujo & Laney Salisbury
While contracting and exclusivity issues create problems with perfectly good pieces of artwork becoming spoiled on the market, bad works are just as much an issue for buyers, dealers and brokers as well. In a new book “Provenance: How a Con Man and a Forger Rewrote the History of Modern Art” [http://www.amazon.com/Provenance-Forger-Rewrote-History-Modern/dp/1594202206] co-authors Laney Salisbury and the late Aly Sujo highlight the case of notorious English con man John Drewe and artist/forger John Myatt who developed not only fantastically convincing fakes of major 19th and 20th century masterworks, but also convincing histories and provenances that traced back to the archives in London’s Tate Gallery archives. This tome provides a sobering glimpse into how works from Alberto Giacometti, Ben Nicholson, Georges Braque, Nicolas de Staël and others became falsely archived in the Tate and the havoc wrought by having nearly 200 fakes thrown onto the market by prominent auction houses (including Christie’s & Sotheby’s), private and public galleries and a network of “runners”.
What can you do to protect yourself?
- First, go with your gut. Whether you are working with a broker or a fine art professional, always understand that if a deal does not pass your “sniff-test” it might just be too good to be true.
- Be a skeptic. (NOTE: I am presently working on a column which highlights the importance of certificates of authenticity for serialized works) It is important to know the origin of the works you purchase particularly if the artist is deceased. This lineage of purchase is called “provenance”. Oftentimes, prominent artists will have foundations, archives or experts dedicated specifically to cataloging their authentic works. Oftentimes, these foundations or other respected arbiters will compile a comprehensive listing of all the works an artist produced. This is not without its own difficulties as opinions vary and a lot of money is at stake if a work is excluded from a catalogue. This fact was made patently obvious to Marc Restellini whose oft-delayed catalogue raisonne of the paintings of Amodeo Modigliani for the Wildenstein Institute has given rise to death threats, lawsuits and public derision by owners whose works will not be included within its pages. [http://www.forbes.com/2002/05/15/0515hot.html] In fact, the most respected guide to Amodeo Modigliani’s work was produced in 1958 by Ambrogio Ceroni, and it was so incomplete that it required updating in 1970 and 1972 to amend omissions and remove faulty works.
Amedeo Modigliani (Italian, 1884–1920) Reclining Nude, 1917 Oil on canvas 23 7/8 x 36 1/2 in. (60.6 x 92.7 cm) The Mr. and Mrs. Klaus G. Perls Collection, 1997 (1997.149.9) Metropolitan Museum of Art, New York, NY
- Talk to a professional who has no vested interest in whether or not you obtain a work. If you call your local gallery to verify a work for you, he or she may be inclined to distance you from a work based on meeting their own sales goals. Independent authenticators and licensed appraisers can issue independent, third-party advice without the filter of self interest. Appraisers from the http://www.isa-appraisers.org/ or http://www.appraisersassoc.org/ may be able to provide an independent evaluation on whether or not a work is sanguine. Museum curators and independent authenticators can provide you arms-length advice on individual purchases you are considering, http://www.artexpertswebsite.com/ .
- Work with people you trust. As with every business transaction, form relationships with reliable partners. Talk to their partners and obtain references. Reputable brokers and dealers with strong ethics will often have a bank of referrals to call to edify you about their past work in Art or their chosen field. “Runners” may not scrutinize the works with this same ferocity, nor will they probably produce references to back up their reputations.
There is no fool-proof way to protect yourself in every transaction, as we all found out with the IRA bust which coincided with the stock crash last year. Seemingly “safe” investments became worthless and risky stocks went through the roof. Always make the best decision you can with the information you have. But also be aware of who you are speaking with and understand their motivations in the process. This way, you are at least on even ground and can make an informed decision.
The case is seemingly inconceivable. You have entrusted your artwork, which might as well be a member of your family, to the care of a gallery you trust only to discover that the dealer you are working with is up to no good. The recent indictment of prominent New York dealer Lawrence Salander has thrust predatory dealers into the spotlight and highlighted an unseemly side of the art world that no one really wishes to speak of and fewer wish to believe they could be a victim of… that of civil theft, grand theft and grand larceny by a respected gallery.
New York’s Upper East Side Gallery Salander-OReilly, provided Lawrence Salander, his wife Julie and his family a lavish lifestyle full of the finest cars, luxury homes, food, clothing and an extravagant lifestyle by selling high-end fine art to a distinguished world-wide clientele. A member of the Art Dealers Association of America for over twenty years, Salander-OReilly exhibited at the annual Armory show in New York, Tefaf at Maastricht and Art Basel Miami. Lawrence Salander himself was a member of The Art and Antique Dealers League of America and the Appraisers Association of America. He was the first private art dealer to sit on the board of The National Indemnity Project of The National Endowment for the Humanities. In 2003, Salander-OReilly was named The Best Gallery in the World by the Robb Report.
However, beneath the surface, it is alleged that Salander ran a ponzi scheme (a scheme echoing that of the indicted financier Bernard Madoff) in which he sold consigned works, took the cash, and paid deffered payments out to other consignors offering a range of explanations for his actions along the way. His payments snowballed into owing dozens of consignors monthly “dividends” which he would attempt to keep in front of with month-to-month sales. This “dividend” system financed Salander’s extravagant lifestyle, including his Manhattan townhouse, his 66-acre estate home and the lavish parties he threw for his wife and family members, all while he was barely keeping himself afloat in these “dividends”. His investors, including Forbes members, Artists, estates, tennis great John McEnroe and actor Robert DiNiro claim he stole in excess of $88Million through his fraudulent business practices, which included outright theft of artwork, selling “shares” of artworks to multiple people, selling artwork below the promised consignment prices and paying “dividends” to consignors when artwork was already paid in full.
Mr. Salander’s troubles began when several consignors filed lawsuits due to defaulting on the “dividend” payments he promised by specific deadlines. Salander allegedly sold many works by Robert DiNiro Sr. (Father of the actor) without either informing Mr. DiNiro or remitting proceeds for their sale. This was the crux of several of the suits brought against Mr. Salander which amounted to 100 separate counts spanning fraud, grand larceny, securities fraud, forgery, breach of contract and other offenses. The affair become public when London dealer Clovis Whitfield withdrew paintings from a Salander-O’Reilly exhibit because of Salander’s mounting legal troubles. Creditors are said to be owed in excess of $300M and Mr. Salander faces up to 25 years in prison if convicted of grand larceny alone.
This leads to the inevitable question… What can you do to protect yourself?
Well, there are several consumer protections in place which protect buyers and sellers/consignors in the United States. Many states will have laws specific to their borders, but for purposes of this blog, we will utilize Florida statutes and criteria. A useful text is The Artist-Gallery Partnership, by Tad Crawford and Susan Mellon (http://www.amazon.com/Artist-Gallery-Partnership-Third-Practical-Consigning/dp/1581156456/ref=sr_1_1/181-0314806-2703807?ie=UTF8&s=books&qid=1247710903&sr=1-1)
As a seller, artist or consignor: When you consign your artwork to a gallery you have entrusted an asset to another person or company. Just as with other assets, this has certain risks and certain rewards. The reward is obviously that your work is placed with someone who has knowledge and expertise on how best to market and sell your work in the shortest possible time-frame for the most amount of money. Conversely, you run the risk of a predatory gallery selling your work for less than value, not remitting payment according to terms of contract or outright theft.
It is good practice to familiarize yourself with any gallery you are considering consigning works to. Speak with other merchants in and around the gallery you are considering. Contact references, consignors and artists the gallery deals with for impressions on the overall demeanor and temperament toward business practices. Contact the Better Business Bureau (www.bbb.org) or the Florida Department of Agriculture and Consumer Services (www.doacs.state.fl.us/) to determine if any consumer actions have been filed and remain unresolved. Scrutinize your contract and have it reviewed by an attorney.
Once your work is contracted, consigned and in gallery residence, always be certain that your consignment contract is up-to-date with the entity which has physical possession of the artwork if it is not retained by the seller. (Oftentimes, galleries or partnerships are dissolved resulting in contracts being annulled. Among other issues, this may significantly affect insurance coverage in the gallery in the event of something catastrophic occurring to your item). Once a quarter, conduct a physical inspection of your item to make certain it has not been sold without your knowledge. If you are unable to inspect due to distance or infirmity, contact someone you trust locally or the local Sheriff’s office so that they might inspect your item for you. Make certain that offers lower than the contracted price are submitted to you in writing and agreed to in writing and do not agree to deferred payment plans without written assurance that the works will remain in the gallery until you are paid in full for your item. Sometimes even good galleries have difficult time paying the bills in this economic climate. However, you need to do everything possible to prevent your asset from paying only their bills.
Florida statutes state that your consignment contract must provide for:
*The proceeds of the sale must be delivered to the artist (Consignor) at a schedule agreed to by the artist (Consignor) and the art dealer
*The art dealer is responsible for the stated value of the artwork in the event of loss or damage while the artwork is in possession of the art dealer. (See parameters of consignors and galleries under UCC= Uniform Commercial Code Statutes)
*The artwork will only be sold by the art dealer for an amount at least equal to that agreed to by the artist (Consignor) in writing
*The artwork may be used or displayed by the art dealer only with prior written consent of the artist (Consignor) and only if the artist (Consignor) is acknowledged in such use or display
*An artwork delivered to an art dealer for the purpose of sale or exhibition, and the artist’s (Consignor’s) share of the proceeds of any sale by the art dealer, creates a priority in favor of the artist (Consignor) over any claims, liens or security interests in the artwork by creditors of the art dealer
(SOURCE: The Artist-Gallery Partnership, by Tad Crawford) Violations of these rules of conduct are punishable by up to 60 days in jail, six months of probation and a $500 fine for each instance.
As a Buyer: Your purchase order is a contract. Make certain that this contract provides you the basic parameters of what, where, how and when. Your purchase order should state the date, the value of the work, the price paid, numbering (if applicable) and the payment terms which have been satisfied at the time of sale. Further, as a buyer you are entitled to any peripheral documentation which quantifies authenticity (i.e. a Certificate of Authenticity, letters of authenticity, appraisals, etc.), condition, value, restoration, international clearance and the like which may exist pertinent to your acquisition.
Oftentimes, the bill of sale or purchase order serves as the certification of an authentic work if the artist is living, the gallery is contracted to work with the artist or the artist has chosen not to issue such certificates In such cases, you may wish to contact the artist or a local expert to determine whether or not the work is genuine. (It is not always in your interest to contact your local art dealer for this determination though as they may or may not have a vested or political interest in whether or not you purchase art from alternate sources).
The proliferation of serialized or limited edition works of art (lithographs, serigraphs, sculptures, documents and signatures) necessitates a need for some form of quantifying document which states the total edition size, the publisher and dates of issue. This certificate has become paramount in determining authorized items from unauthorized items, real from fake and delineations within an artist or celebrity’s oeuvre. While parameters of certificates of authenticity are a lengthy column unto itself, understand that certifications should be arms-length, third party evaluations of the item issued by a publisher, printer, foundry or independent expert on the artist. Galleries should not issue their own authenticity certificates for works published by others, as it is an obvious conflict of interest. Further, your legal ownership of a item is only consummated upon transfer of the original certificate of authenticity as this possession states that the work is paid in full to seller, gallery and other third-parties who may have interest in the work. So always make certain it is obtained, it is correct and it is safely stored.
If you have purchased a limited edition and not received the original certificate with your purchase, it may simply be a matter of contacting the gallery and asking for it. Oftentimes, galleries will keep certifications in separate places in order to protect themselves from theft, fire, flood, etc. However, this document should be readily accessible to the gallery and turned over within a reasonable amount of time. If it is lost, stolen or damaged, galleries can ask for replacements from the publisher provided the work has been purchased and paid for by the gallery. Alternatively, you can also seek outside advise from an expert on the artist or period.
I also recommend artists and consignors consulting a fine art attorney familiar with idiosyncrasies in Art Law pertaining to the state you live in or are releasing your items to. Legal Art is an organization which empowers artists and consignors by offering affordable legal council before, during and after a representation contract or consignment agreement. Their services are highly recommended by professionals in the field as having ethically and judiciously applied their knowledge to the betterment of the Art community as a whole. Kathleen C. Carignan, Esq. is a Miami-based attorney with Legal Art who may provide direction as to who to speak with about any questions particular to your case. (Kathleen@legalartmiami.org- www.legalartmiami.org) Other organizations throughout the United States provide similar services and can be located through a simple GOOGLE search of your area.
In sum total… There is no fool-proof way to avoid being “Salandered”, any more than there is to prevent the onset of “Madoffism”. However, simple steps you take to protect yourself, your assets and your capital can offer small comforts in knowing who, what, when and where of your art investments. This, in turn with pay true “dividends” as you move forward.
NOTICE: I am not an attorney, nor do I claim to be one. This blog is written in to provide common-sense advice for buyers and sellers of fine art, NOT Legal advice. For legal advice, contact an attorney.
