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DEADLY ART ONLINE GALLERY ~ INDIGENOUS / ABORIGINAL ARTISTS


Authenticity

The authenticity of an artwork, particularly those by Aboriginal artists has become a major issue in the art world for a number of years, with many galleries and vendors now going out of the way to ensure the authenticity of a particular art work, whether it is by commissioning a piece, document and photographing some of the steps in the creation process, through to the final art work, the signing of the art work by the artist and a photo of the artist with their completed art work.

There is also the vexing question of how much the artist received from the sale of their art work. Some buyers purchase the art work in full from the artist, whilst others may pay the artist a commission and the balance on the sale of the art work. Many rumours and stories circulate of how little some artist received from the sale of their art work, singling out particular buyers and galleries, although it would be hard to understand why a reputable vendor would risk their reputation on dubious practices. Often it is hearsay, even if the hearsay is from a family member, friend of the artist, or the artist themselves. Basically it amounts to the word of the artist, who in some circumstances may not speak or understand English very well, against the word of the vendor.

Of course, there are many factors that affect the value of an artwork, with the price being paid often driven by necessity, especially if the artist has trouble selling their art work. Many a tourist are know to barter on a price they will pay for a painting at the local market place, whilst some artist do accept a lower offer, others will stick fast to what they deem their art is worth.

With the resale value of many works by Aboriginal artist (usually deceased) attracting media attention for the huge increase in value, the current Australian government is currently going through processes which one hopes will address the imbalance of this inequity. These developments will see us in Australia heading in the same way as a number of overseas European countries with ‘a right of resale’ or ‘droit de suite’ (a right to follow), which is a legislative instrument under copyright law, that enables artist to receive a percentage of the sale price when artistic works are resold at a higher value. This right last the usual term of copyright protection for artistic works (which for Australia, is life plus 70 years). Although at the federal level of government in the United States there is some reluctance for providing this recognition, a number of Latin American and African countries have also established ‘a right of resale’.1

No doubt the road to addressing this issue will be a challenging one, with a number of commentators saying it will be ‘an absolute disaster’ for the indigenous and non-indigenous art markets, whilst other have said ‘the royalty was a distraction from other, more difficult issues’.2

There have already been established some good practice that aims to ensure the sale value and provenance of artists’ work, through the establishment of community art centres that was originally pioneered by the Papunya Tula artists’ cooperative. These network of centres provide information and handle sales and enquires to dealers on behalf of the member artists. The Warlayirti Artists cooperative at Balgo, in the Kimberley region of Western Australia, see a return of 60% of its annual sales to the resident artists.

 

What can you do at the buyer of Indigenous Artwork?
For those considering the purchase of Aboriginal art, the following questions should be a starting point when trying to validate the authenticity of an artwork:

1. The Artwork

  • Did the artist create the artwork?
    this is often an vexing issue with stories of fakes being sold on the market. When buying art direct from Aboriginal artist in places such as the market place, there arises the issue of whether the person you are buying it from is the actual artist. Sometimes a family member may be selling the artwork on behalf of the family member. In some cases an artist may have some assistance with painting a particular artwork by family members, although the work itself is that of the artist.
     
  • Is there a legitimate ‘certificate of authenticity’ with the artwork?
    Information included with the work should include when and where the artwork was created. Some artist sign and date the painting, either on the front or the reverse side of the canvas. Others may sign the painting but not date it. If buying direct from the artist at the market, it is reasonable to think that the work was created that year. Unlike western artist, most aboriginal artist do not sign with a identifiable signature, with some artist just printing their name on the back or in the case where they cannot write, they may get a family member to write the details on the back of the painting.
     
  • Is there additional documentation with the artwork?
    Most artwork should include photographic documentation of the artist with the artwork. In some cases you may have photographic documentation of the artist signing the work (writing their name on the back of the painting). Some artwork may even include evidence of the artist painting the work.
     
  • Should I be wary of artwork without a ‘certificate of authenticity’ or other evidence?
    Many early works, and works brought buy individuals from the artist at public places such as the Alice Springs Todd Mall markets may not have such evidence. When buying such works, it is left to your own judgement. Many buyers purchase a particular piece of artwork just because they like it.
     
  • How does the artwork compare to the artist other works?
    If you buy works by a particular artist, how does this piece compare to their other works and what are the circumstances you are buying the artwork ie you may be buying direct from the artist family member at the market place.
     
 

Resources and Links

Aboriginal Art Directory
Some good information about Aboriginal Art Authenticity.
 
 

Footnote:

1 ABC News, A right of resale? Indigenous art under the hammer, by Dr Matthew Rimmer, Fri July 27, 2007; Retrieved 15 October, 2008
 
2 SMH, Artists to be paid for every sale, forever more, Richard Jinman and Joel Gibson, August 8, 2008; Retrieved 15 October, 2008
 
# Aboriginal Art News, The Art Newspaper: Aboriginal art dealers fight back, Posted by Aboriginal Art Directory, 09.10.07; Retrieved 15 October, 2008