The research paper presents the different points of view which exist concerning art forgery and explains the reasons why these are diverging in such a way. At first, the paper asserts that art forgery has to be defined with the help of its contrary, which is the original and the term of ‘authenticity’. However, the definition of an authentic or an original artwork yielded no useful results. Every generation, every society has an own notion of authenticity and the term ended as a contestable one. Nevertheless, the paper defines art forgery as an illegal imitation of another artist's artwork and its selling with the name of the original artist. In the following, the legal, the art world's and the economic perspective reveal that art forgery causes many differing notions about it. Legally, copyright laws exist to grant authors exclusive reproduction rights and the only right on their property. Thus, art counterfeits are frauds whose originators have to be sentenced. The art world, however, is completely divided when it is about assessing an art forgery. A lot of people see it as mere pastiche and deny its aesthetic value, while others know to esteem the art forger's achievements and proficiencies. The economy, on the hand, sees art forgery as the creator of financial expenses and trouble within the market, but, on the other hand, it also accepts that art copying causes benefits and positive effects, too. Therefore, the economy's statement was to lower the restrictions of art forgery as this only leads to the loss of creative energy and art copying going underground.
Finally, the case studies of Han van Meegeren, Andy Warhol and Susie Ray reveal the reasons for the controversies on art forgery: Some art counterfeits are legally clear cases, while others are highly contestable. There may be a legal way to forge works of art but do these copies have an authenticity or an ‘aura’? And all the time, the art world is embarrassed, annoyed and furious as the forgery had made a fool of it. In the end, art forgery is a question of interpretation; there is no clear answer how to assess it in its whole. It always depends on the sight of view one takes.
Table of Contents
1. Art forgery: a controversial issue
2. Definition of ‘art forgery’ and its relation to the term ‘authenticity’
3. Original or fake? Art or fraud? An attempt to understand the phenomenon of art forgery
3.1 Three perspectives
3.1.1 The legal perspective
3.1.2 The art world's perspective
3.1.3 The economic perspective
3.2 Case studies
3.2.1 The art forger Han van Meegeren
3.2.2 The controversial working practices of Andy Warhol
3.2.3 The original copies of Susie Ray
4. Conclusion
Research Objectives and Key Topics
This research paper examines how art forgery is perceived and assessed by different societal groups, specifically within the legal, artistic, and economic domains. It aims to clarify the blurred lines between authenticity and fraud by investigating why these spheres hold such divergent viewpoints and how they respond to the emergence of counterfeit artworks.
- Defining the relationship between art forgery and the concept of "authenticity."
- Analyzing the legal, artistic, and economic perspectives on art counterfeiting.
- Exploring the motivations and consequences of art forgery through historical and contemporary case studies.
- Investigating the role of the "aura" and aesthetic value in the appraisal of fakes.
- Discussing the shift in modern artistic practices regarding copyists and reproduction.
Excerpt from the Book
3.1.1 The legal perspective
Firstly, Frey (1999) identifies two situations of art forgery from the judicial point of view: The first one is that a person buys an artwork from a trustworthy dealer or auction house, assuming that it is an original. If the artwork is detected to be a forgery, the buyer can usually return the artwork. However, if the dealer sold the artwork with the knowledge of its falsity, the selling would be illegal. The second situation appears when an artist creates an artwork with the help of another artist's idea but without referring to him or recompensing him. Further, if someone buys an artwork with unreasonable expectations, the selling will turn out to be a legal act because the principle of ‘Caveat emptor’ rules. Besides, it is likely that an artist created a work of art in times of a special artistic movement or in a way which seems to be copied, but in the end a particular working style can not be prohibited and the creation of the artwork is legal (Frey, 1999, p.4).
Summary of Chapters
1. Art forgery: a controversial issue: Introduces the topic of art forgery using recent criminal cases as examples to illustrate the public and professional fascination with the phenomenon.
2. Definition of ‘art forgery’ and its relation to the term ‘authenticity’: Explores the historical evolution of "authenticity" and argues that forgery must be defined in relation to its conceptual opposite.
3. Original or fake? Art or fraud? An attempt to understand the phenomenon of art forgery: Provides a tripartite analysis of the phenomenon from legal, artistic, and economic viewpoints, supplemented by specific case studies of notable figures.
3.1 Three perspectives: Examines how different professional realms navigate the legal, subjective, and financial implications of art forgery.
3.1.1 The legal perspective: Focuses on copyright legislation and the judicial criteria used to distinguish between illegal fraud and permissible artistic influence.
3.1.2 The art world's perspective: Discusses the emotional and aesthetic impact of detecting fakes, including the role of an artwork's "aura" in the art market.
3.1.3 The economic perspective: Investigates the financial drivers of the art market and the argument that copying can have positive effects on creativity and market visibility.
3.2 Case studies: Provides practical illustrations of the theoretical arguments through the historical examples of Han van Meegeren, Andy Warhol, and Susie Ray.
3.2.1 The art forger Han van Meegeren: Analyzes how an artist's personal resentment against critics led to the creation of arguably the most famous Vermeer forgeries.
3.2.2 The controversial working practices of Andy Warhol: Explores the tension between Warhol's factory-style production and traditional notions of authorship.
3.2.3 The original copies of Susie Ray: Highlights a contemporary business model where artistic copying is practiced legally and transparently.
4. Conclusion: Synthesizes the findings, asserting that art forgery remains a question of subjective interpretation rather than a fixed legal or aesthetic category.
Keywords
Art forgery, Authenticity, Originality, Fraud, Copyright, Art Market, Han van Meegeren, Andy Warhol, Susie Ray, Aura, Legal perspective, Economic perspective, Art history, Reproduction, Aesthetics.
Frequently Asked Questions
What is the core focus of this research paper?
The paper focuses on the complex and controversial nature of art forgery, examining how society, the law, and the economy evaluate the distinction between an original masterpiece and an imitation.
Which domains are considered in the analysis?
The study specifically analyzes the phenomenon through the lenses of the legal system, the art world, and economic market dynamics.
What is the primary research question?
The research addresses how art forgery is assessed by various societal groups and seeks to explain why there is no universal consensus on the value or "authenticity" of an artwork.
Which scientific methods are employed?
The paper utilizes a literature-based approach, synthesizing diverse perspectives from experts in law, economics, and art philosophy, combined with comparative case studies.
What is covered in the main body of the paper?
The main body defines the fundamental terms, explores three professional perspectives, and discusses case studies to illustrate the practical challenges of identifying and valuing art forgeries.
What are the primary keywords associated with this work?
Key terms include art forgery, authenticity, original, copyright, art market, and aesthetic value.
Why did Han van Meegeren start forging artworks?
According to the research, van Meegeren turned to forgery primarily as a form of revenge against art critics who failed to appreciate his own original work, while also satisfying his desire to paint.
How does Susie Ray differentiate her work from illegal forgery?
Susie Ray practices "legal forgery" by strictly respecting copyright laws and signing her copies with her own name, positioning them as unique artworks rather than fraudulent originals.
- Arbeit zitieren
- Anna-Theresa Lienhardt (Autor:in), 2013, Art Forgery. Where authenticity ends and fraud begins, München, GRIN Verlag, https://www.hausarbeiten.de/document/273719
