Tanya Pia Starrett (left) presenting on panel chaired by ARCA founder Noah Charney (right)

The debate is thus: The law can, to a certain extent, determine who owns a work of art but it is the art connoisseurs and scientists who will determine what you actually own. 

CONNOISSEURS AND SCIENCE – NOT A NEW DEBATE 

Within this fascinating field of study a key issue is the perception of a widening gulf in the area of authentication research between advancing scientific methods and connoisseurs who still tend to defer to the trained eye as final arbiter.... 

CONNOISSEURS AND SCIENCE – CONTINUING TENSIONS TODAY 

These tensions continue today as noted by Milko den Leeuw, painting conservator who founded the Atelier for Restoration & Research of Paintings (ARRS) in 1991 and Dr. Jane Sharp, Associated Professor of Art History at Rutgers University in their post on the AiA (Authenticationinart.org) site dated 26/09/13 where they state that this tension ‘is mainly the result of a clash between the conservative opinion-based art industry and the latest offspring of the academic fields of forensic methodology and protocols. The confrontation…has been magnified in several lawsuits in Europe and America. This is a moment of extraordinary challenge in the history of authentication research’. While science and scientific methods have indeed become valuable tools within art, there is still an ongoing debate surrounding its application and validity. These debates often flair up when high profile cases grab the attention of the media. They, in turn, raise valid issues and generate debates that often shape discussions surrounding standards and issues of connoisseurship. The following case studies serve to introduce some of these tensions and debates. 

SCIENCE YES, WILDENSTEIN’S NO 

In the case of the Monet oil painting 'Bords de la Seine à Argenteuil' , the Art Access and Research (AA&R) Centre was asked to undertake technical imaging and paint analysis. These tests showed technical details consistent with Monet’s authorship, including an extensive palette and use of a charcoal under drawing. The process was the subject of a BBC TV programme (Fake and Fortune 2011) which heightened interest in the case. Despite the overwhelming evidence, the Wildenstein Institute in Paris, regarded as the court of final appeal for Monet, concluded it was a fake. And at time of writing, the painting is currently in the French courts. 

In the art world, Monet means money. However, in order to make millions, paintings thought to be by Monet must have been accepted into the official register; the catalogue raisonné – a publication which lists every acknowledged Monet in existence. The catalogue is published by the Wildenstein family of art collectors and art dealers....   established by Nathan Wildenstein in the 1870’s, a tailor who became an art dealer and it continues today. On their own website they state that their aim and mission is ‘promoting knowledge in and of French art’. It could be argued that as they work with an array of French artists, not just Monet, perhaps their knowledge is just a bit too general to have a definitive expertise on one, particular artist. The Wildenstein publishers of the catalogue raisonné, and therefore the arbiters of authentication in the Monet case, have so far refused to admit the work for reasons best known to themselves, despite the agreement of other scholars that this painting is genuine. Based on this example some leading UK art experts have called for a committee of scholars to replace the high-handed authoritarianism of the Wildenstein Institute. The absolute crux of this debate, is by what authority, legitimacy or indeed legal capacity do these art committees work from? Moreover, in a wider context, why as a society do we accept this? What’s the point of having ever advanced science and effective technology, that we are forever impressed by, if the evidence it produces is not taken as legitimate or indeed, worse, simply ignored. Who has the authority over the other? And who decides that? Who is in the eyes of the law is the definitive expert? 

SCIENCE YES, CATALOGUE RAISONNÉ YES Degas – Blue Dancer This was the case of a Degas painting entitled the ‘Blue Dancer’. This had been declared a fake in the 1950s by a leading Degas expert. The turmoil of World War II served as the perfect distraction for creating art forgeries, and doubts regarding the authenticity of “Blue Dancer” came from the lack of detail in the dancer’s face, the informality of her pose, and the brushwork on the heads of the double bass that rise up in the foreground in front of the dancer. Later still Professor Theodore Reff, an expert on Degas from Columbia University in New York, had twice been asked by Christie’s, the auctioneer, to examine the piece and twice decided it was not genuine. The painting, owned by Patrick Rice, was sent to an art forensics lab to examine the pigments. Titanium in the white could have indicated a forgery, as the metal was only used in paint after Degas’s death. Favourably, however, the main elements were found to be lead. A ballerina also recreated the painted dancer’s pose, resulting in an almost exact replica of her raised first position arms. Through these findings, the “Blue Dancer” regained Degas status and was accepted into the Degas raisonné, not the Wildenstein Institute I hasten to add who do not include Degas in their repertoire, but the one by Brame, Philippe, Reiff, et all raising its value from a diminished couple of hundred pounds to about £500,000 ($813,000). Again, why do some custodians of certain catalogue raisonnés appear more open to scientific evidence than others?

MARC CHAGALL – SPOT THE DIFFERENCE? The previous examples help to illustrate how science and connoisseurship can arrive at different conclusions over authenticity while also highlighting how scientific evidence is received and acted upon. It is interesting to note, however, that equally heated debates can still be aroused when science and connoisseurship appear to reach similar conclusions over authenticity. And this was the case with a disputed painting of a nude purportedly painted by Marc Chagall in 1909/10. 

SCIENCE AND CONNOISSEURSHIP IN HARMONY However, after in depth research on the painting’s provenance and scientific testing, The Reclining Nude 1909-1910 was found to be fake. Although painted in gouache, which Chagall frequently used, the pigments of the paint were dated to be a lot later than 1909 or 1910 and its first owner, the dancer ‘Kavarska’, could not be traced either. This picture was then sent to the Chagall Committee in Paris, led by the artist’s granddaughters, who confirmed the painting was not genuine. They stated it was purely an imitation of the authentic Reclining Nude (1911) by Chagall. As a result they demanded, under French law, that it be seized and destroyed, an extremely rare occurrence in the art world. And to date at time of writing and to the best of my knowledge the painting has yet to be destroyed. 

In the case of the Chagall painting Professor Robin Clark, from UCL, (University College London) has pointed out that this Ramon Microscopy technique, used to determine it was a fake, had been known to Sotheby’s Auction House since 1992 so the painting could, in theory, have been exposed as a fake any time in the last 20 years. In the event, the confirmation that it was a fake took place in his lab in July 2013 in the presence of its owners. This showed that at least two of the key pigments used were dated to the late 1930s long after the supposed date of 1909-10. 

The publicity that this case generated prompted Robin Clark to write in a leading UK national newspaper, The Telegraph, questioning the relationship between art and science and expressing particular concern over the art world’s failures to heed the testimony of available scientific techniques. He also suggested that art historians should be encouraged to read science journals so they are informed about “significant developments in science as applied to arts”. 

In part, his pleas could be seen as reasonable. Auctioneers can only submit works for technical analysis with the owner’s permission. With the possibility that these tests could then disqualify the painting as genuine it is not surprising that many owners will not give this permission. Another key issue concerns art dealers. When dealers buy at auction and then restore or analyse a work, they are not required by law, when selling works, to disclose which, if any tests, had been carried out. That said some have begun to question how these scientific methods are being used and applied. 

Writing on the artwatch UK blog in March 2014, for instance, Michael Daley acknowledged that while Raman microscopy could certainly disprove the claimed date of the fake Chagall, it seriously misleads the public when used to present speculative and digitally manipulated reconstructions supposedly showing art in its original condition. He cites, for instance, the example of a project to restore a set of faded paintings by Mark Rothko, that were painted for the dining room of the Holyoke Centre, built by Harvard University in 1966. After just 15 years, however, they had faded so badly that they were consigned to a darkened basement for their own protection. Worse still the photos that were taken of them when new had also faded. As these photos are largely the basis for the restoration project, Daley concludes that, ‘however well intentioned the project and its scientific methodology is, it will only ever produce a varying yet, ultimately false, version of the original. There are just so many variables. 

When researching these case studies for this paper I was struck by the differences and issues each one brought to the fore. The role of connoisseurs’, competing interests within the art market, the trained eye supporting or disagreeing with science, lack of regulation etc. It’s not surprising then that Nicholas Eastaugh, a leading independent scientist (of Art Access and Research Centre), described the present climate as being both without standards and “totally unregulated. It’s a Wild West.”... 

LESSONS FROM THE CASE STUDIES Some of these high profile cases have helped to expose the absurdity of the art market, where paintings, ostensibly by famous artists, are traded almost always as speculative investments. It is not the aesthetic value of a painting which decides whether it is worth millions, but the question of whether it was produced by a known and fashionable artist. Like any free market, the art market, is based on confidence or arguably over confidence. How confident people are about a certain painting or art institute and the people who write the raisonnnés, to some extent is very similar to that of the financial market. Science, it could be suggested, has more of a foothold in the lesser valuable works of art where there are perhaps no ‘go to’ art committees or art experts. Its obviously easier for an auction house or owner if there’s a ‘go to’ art institute for one particular artist, it is more convenient and arguably cheaper if scientific tests are not seen as appropriate. There is some optimism however, that we are seeing a bridging of the gap. One good example of this is The Catalogue Raisonné Scholars Association which was founded in 1994. It serves the interests of scholars and others engaged in the catalogue raisonné process. Members typically research a single artist’s body of work to establish a reliable list of authentic works, their chronology, and history (usually including provenance, bibliographic, and exhibition histories). Members include patrons, collectors, art dealers, attorneys, and software designers. Increasingly they are publishing Catalogue Raisonnés online to make accessing them easier and more widely available. This then encourages greater debate and perhaps transparency in the area of authentication.

Lucian Freud's "Woman with Eyes Closed" (2002)

by Catherine Schofield Sezgin, ARCA Blog Editor

The AFP reported in "Art thieves ordered to pay millions over missing Picasso, Monet, Gauguin and Freud masterpieces" that the four convicted thieves who robbed the Kunsthal Rotterdam in October 2012 must pay 18 million euros ($26 million) to the paintings' insurers (unnamed):

Seven paintings that were temporarily on display at the Kunsthal Museum in Rotterdam were stolen in 2012 in a raid that lasted only three minutes, in what the Dutch media called "the theft of the century". A court in the Romanian capital ordered the heist's mastermind, Radu Dogaru, his mother Olga, Eugen Darie and Adrian Procop to reimburse the paintings' insurers. Prosecutors put the total value of the haul at over 18 million euros, while art experts at the time of the heist had claimed the paintings were worth up to 100 million euros. Olga Dogaru had previously told investigators that she burned the paintings in her stove in the village of Carcaliu in eastern Romania in a bid to protect her son when he could not sell them. She later retracted the statement, but a separate investigation is under way to determine if the masterpieces did end up in ashes.

Paul Gaugin, "La Fiancée"

"The Last Supper", The Festival of the Arts, Laguna Beach

"The Art Detective" is the theme for this year's Pageant of the Masters, the summer festival in Laguna Beach, California, which has shown the recreation of artistic masterpieces for more than eight decades. The 2014 program (showing through August 30) includes Vermeer's 1664 painting "The Concert" (stolen from the Isabella Stewart Gardner Museum in 1990) and Leonardo da Vinci's "The Last Supper" (nearly destroyed in the bombing of Milan in World War II (here's a link to the rest of the program).

Pageant Director Diane Challis Davy came up with the motif about three years ago, but hadn’t been able to implement it until now. “This art detective theme has been on the back burner for several years,” said Davy, who is directing her 19th consecutive Pageant of the Masters this summer. “It is really quite coincidental that there’s so much in the news these days about World War II art, and lost and stolen art. So our show will open with scenes of art that disappeared, and art that went into hiding during World War II.” Davy says her initial inspiration came from TV shows like “The History Detectives” and “Antiques Roadshow” on PBS and the BBC “Connections” documentary series created by science historian James Burke. Sir Arthur Conan Doyle’s fictional sleuth Sherlock Holmes also served a key influence.

Sekhemka, front (Christie's)

Northampton Borough Council auctioned the Sekhemka limestone statue to help fund a £14m extension to Northampton Museum and Art Gallery. However, Arts Council England had warned the council its museum could lose its accreditation status. The Egyptian ambassador to Britain said the council should have handed the statue back if it did not want it.

Sue Edwards, from the Save Sekhemka Action Group, who travelled from Northampton to the auction, said: "This is the darkest cultural day in the town's history. The local authority has made a huge mistake but we will continue our fight to save Sekhemka."

Sekhemka, side (Christie's)

Here, the position of Sitmerit’s body, as well as her composed expression are perhaps what gives peacefulness and harmony to this family portrait. It shows the close link between husband and wife, and their attachment to their family. The smaller scale should not be interpreted as a symbol of womens' place in society; rather, it is an artistic choice, for women had an equal status with men. She provides the love and support that her family needs. She prompts desire, gives life, and watches over her loved ones. She has a protective role and is the grounding force for the family.

Sekhemka, detail of wife (Christie's)

Only one other statue is attributed to Sekhemka, Inspector of the Scribes, now in the Brooklyn Museum. The kneeling figure is made of diorite, the base is in limestone, painted to imitate diorite and is decorated as an offering table. It is suggested that Sekhemka may have had a discarded royal sculpture repaired and a base added to it. The similar quality of the carving between this and the present lot certainly serves to link the two pieces. Moreover, both statues were brought out of Egypt at around the same time; Dr. Henry Abbott, the original owner of the Brooklyn Sekhemka, returned with his collection in 1851.

Sekhemka, the scroll (Christie's)

Northampton is one of the largest towns in the UK and has a diverse and cosmopolitan population. We are proud of this diversity and keen to celebrate it. In fact, even when the town itself shied away from promoting ethnic groups other than its own host population Northampton Museum collected widely from across the world and was at the forefront in providing expression to this multi-ethnicity. Our collections have been drawn from the four corners of the earth, whether it be the superb Chinese pottery horse of the Tang dynasty, the Hindu sculpture of Devi or the Italian renaissance paintings. For over a century the museum has not been small-minded and parochial in its collecting policy but aware of its role in promoting Northampton’s multi-cultural approach in a multi-cultural town. And this is why the sale of the ancient Egyptian scribe Sekhemka is such a retrograde step. 

Sekhemka, back (Christie's)

Sekhemka stands alone in its quality, antiquity and craftsmanship. It is part of a civilisation which existed on the continent of Africa for over two thousand years. For children of African and African Caribbean heritage this is unique opportunity to reconnect with their own roots and to understand that Northampton Museum has something which represents not only British history but encompasses the achievements of people from across the world. It also gives the message that Northampton Museum is aware of its role in educating and inspiring all the people of the town – as one school pupil said to me as he admired Sekhemka on a group trip for the National Curriculum “Oh I didn’t know you did Egypt”. Well, we should do Egypt and a whole lot more. The removal of Sekhemka from the museum is a dramatic and signal move away from a world view of our history to a small-minded and elitist approach which will inevitably alienate our visitors and supporters in the years to come.

Caravaggio's Nativity (Palermo)

by Catherine Schofield Sezgin, ARCA Blog Editor-in-Chief

Daniel Silva, author of 14 books featuring the art restorer-Israeili assassin Gabriel Alon, features the theft of Caravaggio's Nativity in his new book, The Heist, to be published July 15. The book begins with:

On October 18, 1969, Caravaggio’s Nativity with St. Francis and St. Lawrence vanished from the Oratorio di San Lorenzo in Palermo, Sicily. The Nativity, as it is commonly known, is one of Caravaggio’s last great masterworks, painted in 1609 while he was a fugitive from justice, wanted by papal authorities in Rome for killing a man during a swordfight. For more than four decades, the altarpiece has been the most sought-after stolen painting in the world, and yet its exact whereabouts, even its fate, have remained a mystery. Until now…

Caravaggio's Medusa (oil on wood covered with  canvas) at the Uffizi at least since 1631

by Catherine Sezgin, ARCA Blog Editor

Chiara Longo and Gareth Harris report for The Art Newspaper in "Caravaggio to be buried in Tuscan Memorial Park" that the reputed remains of the 16th century artist found in a church four years ago will be interned on his birthday (July 18) at the cost of €65,000:

Caravaggio's remains will be housed under a monumental arch created by the sculptor Giuseppe Conte, which will be topped with a ceramic basket of fruits inspired by Caravaggio's famous still-lifes. The park will also include colourful and fragrant Mediterranean plants such as jasmine, lavender and rosemary.

The Art Newspaper reported last October that the US authorities began repatriation proceedings after the work was certified by a Venezuelan authentication committee and later confirmed by the director of the Henri Matisse Archives in Paris, Wanda de Guébriant.

According to the affidavit filed in support of the criminal complaint, this case was the result of an FBI undercover investigation. According to the allegations in the complaint affidavit, Marcuello negotiated the sale of the Matisse painting, which had been previously stolen from the Caracas Museum of Contemporary Art (Museo de Arte Contemporaneo de Caracas (MACCSI)) in Caracas, Venezuela in December 2002. The painting is valued at approximately $3 million. Marcuello allegedly admitted to the undercover agents during a meeting that he knew the painting was stolen and offered to sell the stolen painting for approximately $740,000.00. As part of the negotiations, Marcuello further agreed to have the painting transported by courier to the United States from Mexico, where the painting was being stored. The courier was subsequently identified as co-defendant Ornelas. According to the affidavit, on July 16, 2012, Ornelas arrived at the Miami International Airport from Mexico City, Mexico, hand-carrying a red tube containing the painting. On July 17, 2012, defendants Marcuello and Ornelas met with undercover agents and produced the Matisse painting titled “Odalisque in Red Pants” from inside the red tube. Upon inspection by the undercover agents, the painting appeared consistent with the original Henri Matisse painting reported stolen from the MACCSI museum. At the conclusion of the meeting, Marcuello and Ornelas were arrested.