Original work-in-progress by A. Andrew Gonzalez:
Examples of counterfeit copies:
INTRODUCTION
So... you find yourself looking at an oil painting that costs less than $200. "Wow!", you think. "That's cheap! Doesn't look bad, either".
The seller tells you that it's a hand-painted original; a collectible that will increase in value over time. You've got an empty space above your couch and the colors match your carpet, so you think, "Why the heck not?".
Because you'll be throwing your money away.
The painting is not a collectible. In fact, it probably has no value at all. At a price that low, it's more than likely a counterfeit.
But let's say you don't care about its value. You just want to hang it on your wall. Why should you care if the painting is a counterfeit? Read on...
You could have had the real deal
For the same money or not much more, you could have had a signed, limited edition print. These usually do increase in value. As an added benefit, you're directly supporting an artist you like and enabling them to continue to paint. Art supplies are expensive!
Substandard product
Counterfeits are typically created by taking an image from the web or a book, and projecting it onto canvas. The counterfeiter then traces the image and uses the oil paint to color it in. Remember those paint-by-the-numbers kits where the final product wasn't really fit to hang? Counterfeits are a glorified version of them.
Illegal
When a work of art is protected by copyright, unauthorized copies are illegal.
Hides your options
When you buy a counterfeit, you're attracted to the unique vision and style of the creator of the work. But because the real artist is rarely identified, you'll never see their other paintings, which you might like even more. Search artist databases and directories like Yahoo to find original art that you like instead.
The embarrassment factor
When you hang a painting on the wall, people will look at it. Eventually, someone with an eye for art will see it and think, "What were they thinking?!". Like it or not, they'll judge your taste by a single bad choice.
Harm to the artist's reputation
Someone who's seen a painting online or in a magazine might stumble upon your counterfeit of the same work. It's natural for people to assume that the copy looks the same as the original. They may think that the poor quality reflects the real artist's lack of skill. Even worse, the owner of the counterfeit might claim that their painting *is* an original (since that's what they're told), resulting in even greater damage to the reputation of the original artist.
SPOTTING COUNTERFEITS
Let's assume you're convinced by now that counterfeits aren't the way to go. How do you avoid them? While expensive counterfeits can be extremely difficult to detect, the cheap ones are pretty easy. But first, some important information:
If a work of art is already in the public domain, (that is, it's no longer protected by copyright), copies are legal and therefore not counterfeits. Rather, they're referred to as "reproductions".
Most art created before 1923 can be legally copied, although in some cases, the art must be over 120 years old. For more details, see Cornell University's page on the subject.
In the United States, a creator can also voluntarily give up some or all of their copyright protections by using a Creative Commons license or Public Domain Dedication. These licenses are typically used by software developers, although they could be used for art. The license is always prominently displayed with the work.
But back to the topic at hand. A painting is probably a counterfeit if three or more of these "red flags" is true:
- The seller doesn't identify the artist by name.
- The price is under $200.
- The painting came from or is currently in China, or the country of origin is unlisted.
- The store has more than one "original" of the same painting.
- The painting isn't identified as a reproduction. (The abbreviation "rep" sometimes identifies reproductions.)
- The seller claims the artist is "internationally collected", but the price is very low.
- The seller claims that the "gallery price" or "appraisal value" is high, but the painting is incredibly cheap.
- The seller advertises their paintings by price rather than by artist.
- The seller is a painting "wholesaler". (Good original art can't be purchased wholesale, since each piece is unique.)
- The description incorrectly identifies the painting's style. (For example, a portrait or landscape is identified as an abstract.)
- On Ebay, the seller claims to be the artist, but has a huge number of feedback ratings.
- The person claiming to be the artist lists another artist's name in their sales information.
- A "gallery" store uses tacky neon colors and signs to attract attention.
For your own safety, carefully read auction descriptions in their entirety. There are many schemes used by unscrupulous sellers to charge you more than your bid price plus shipping & handling. (And always know what the shipping and handling fee will be before you bid.)
WHERE DO COUNTERFEITS COME FROM?
You might think that the earlier reference to China was unfair, but there's a good reason for it. Counterfeiting and bootlegging are a significant part of the Chinese economy, whether the product is movies, CDs or designer handbags.
When the Chinese government realized the potential revenue of the counterfeit and reproduction art markets, it began opening lots of "art" schools to train students in copying techniques and assembly line production. Obviously, copyright holders weren't happy about this turn of events. They asked their governments to take action.
A number of governments made formal complaints to China. In response, the Chinese government set up a new counterfeit art task force. Unfortunately, this was more for looks than anything else, and the counterfeiting continues unabated.
Artists trying to stop the theft of their work face a number of significant obstacles. First, they or a representative must go to China to track down the company or individual doing the counterfeiting. Second, they need an interpreter and guide to accomplish this.
Third, they need to hire an attorney capable of handling an international counterfeiting case. Fourth, they need the money and time necessary to fight through the considerable red tape if they ever hope to make it to court. This can take years.
As you might imagine, few artists have the resources to pull this off. Even when joining forces through an organization, victories are few and far between.
The counterfeiting problem also hurts legitimate Chinese artists. It's hard for any artist to get international recognition, but when you're Chinese, you face the added burden of having to prove that your work really is original.
Of course, China isn't the only country where art counterfeiting occurs, although it accounts for the vast majority of production. And there are plenty of middleman operations located in Europe and the USA. This is why you should look at more than just the country of origin.
THE IMPORTANCE OF PUBLIC AWARENESS
At the beginning of this article, you saw the work of A. Andrew Gonzalez. Until fairly recently, a determined searcher could find 20 or more counterfeits of Gonzalez's work up for auction on Ebay on any given day. After numerous complaints from artists and their fans, Ebay appears to be working to decrease the number of counterfeits sold through their service. For this, we applaud them. If you're an artist who wants to report a copyright infringement to Ebay, see this page.
As for Gonzalez, counterfeits of his work are still being sold in oil painting "wholesale" stores, at outdoor festivals and in other venues. Potential buyers have become increasingly suspicious, and often contact the artist to report what they've seen. In 2008, a counterfeiter tried to set up shop on Etsy. So many Etsy members recognized the work and reported the counterfeiter that he was shut down within 24 hours!
This is why buyers are such a critical part of the equation. The only real hope artists have of stopping the theft of their work is to educate the public. And as an art buyer, knowing how to spend your money wisely is the best way to ensure that your art investment really is an investment, and not just a mistake.
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