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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.
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