Thierry Lenain on "The Question of the Value of Doubles in Autographic Arts" (The Journal of Art Crime, Spring 2013)

In the Spring 2013 issue of The Journal of Art Crime, art theorist Thierry Lenain writes on "The question of the Value of Doubles in Autographic Arts".

This essay seeks to analyze the concept of the artistic value of copies, taking into account the comments of Renaissance, Early Modern, and Modern thinkers and artists, from Vasari to Friedlander. The essay is more philosophical/theoretical, rather than criminological, dealing with ideas rather than case studies. In the course of the essay, the reader is introduced to factions who praise skillful copies and others who dismiss any copy, no matter how skillful, out of hand as inherently worthless and bad. This overview shows the extent to which the treatment of the question of the double in painting has varied over time.

Thierry Lenain is a professor of art theory at Université Libre de Bruxelles. His latest book is Art Forgery: the History of a Modern Obsession.

The ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA, is available electronically (pdf) and in print via subscription and Amazon.com. The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

In the Spring 2013 issue of The Journal of Art Crime, art theorist Thierry Lenain writes on "The question of the Value of Doubles in Autographic Arts".

This essay seeks to analyze the concept of the artistic value of copies, taking into account the comments of Renaissance, Early Modern, and Modern thinkers and artists, from Vasari to Friedlander. The essay is more philosophical/theoretical, rather than criminological, dealing with ideas rather than case studies. In the course of the essay, the reader is introduced to factions who praise skillful copies and others who dismiss any copy, no matter how skillful, out of hand as inherently worthless and bad. This overview shows the extent to which the treatment of the question of the double in painting has varied over time.

Thierry Lenain is a professor of art theory at Université Libre de Bruxelles. His latest book is Art Forgery: the History of a Modern Obsession.

The ninth issue of The Journal of Art Crime, edited by Noah Charney and published by ARCA, is available electronically (pdf) and in print via subscription and Amazon.com. The Associate Editor is Marc Balcells (ARCA '11), Graduate Teaching Fellow, Department of Political Science, John Jay College of Criminal Justice -- The City University of New York.

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Conclusions of Interpol's first international conference on counterfeit art

Last month Interpol's first International Conference on Counterfeit Art arrived at a list of "Conclusions" in Lyon.  The conference identified "a rising trend in all forms of counterfeit art, fakes, forgeries and international misattribution of works of art and cultural heritage" causing "significant economic prejudice and non-material damage" by "substantial criminal assets generated by the production and distribution of counterfeit art" due to the lack of awareness and of appropriate national laws and international legal instruments."

The Interpol conference recommended that member countries:

"(1) RAISE public and political awareness of the increasing trend in counterfeit art, fakes, forgeries, and intentional misattribution, and the impact on cultural heritage, the art market and historic and scientific knowledge";  (2) ENFORCE, review and, if necessary, adapt existing national laws to be able to fight the above-mentioned crimes effectively;  (3) CALL FOR counterfeit art to be explicitly included in regional and international laws criminalizing other types of counterfeiting or DEVELOP specific regional and international legislation on this subject;  (4) DEVELOP mechanisms and procedures to fight counterfeit art effectively, if necessary by creating working groups and inter-sectorial commissions;  (5) SUPPORT national  law enforcement agencies in preventing and suppressing the above crimes and in allocating adequate resources;  (6) DEVOTE, where possible; additional efforts and resources to tracing assets generated through the above crimes so as to dismantle the criminal networks involved;  (7) ENHANCE the information exchange on the above crimes through INTERPOL channels, and share experiences and best practices among member countries; (8) DEVELOP AND DISSEMINATE a checklist of precautions to be taken by potential customers to prevent them from acquiring fake objects; (9) DEVELOP AND DISSEMINATE a set of principles for professionals to prevent them from becoming invovled in the commerce of fake objects.

Here's a link to an article published last week in the New York Times: "With rules Murky, Fake Artworks Stay on the Market."

Last month Interpol's first International Conference on Counterfeit Art arrived at a list of "Conclusions" in Lyon.  The conference identified "a rising trend in all forms of counterfeit art, fakes, forgeries and international misattribution of works of art and cultural heritage" causing "significant economic prejudice and non-material damage" by "substantial criminal assets generated by the production and distribution of counterfeit art" due to the lack of awareness and of appropriate national laws and international legal instruments."

The Interpol conference recommended that member countries:

"(1) RAISE public and political awareness of the increasing trend in counterfeit art, fakes, forgeries, and intentional misattribution, and the impact on cultural heritage, the art market and historic and scientific knowledge";  (2) ENFORCE, review and, if necessary, adapt existing national laws to be able to fight the above-mentioned crimes effectively;  (3) CALL FOR counterfeit art to be explicitly included in regional and international laws criminalizing other types of counterfeiting or DEVELOP specific regional and international legislation on this subject;  (4) DEVELOP mechanisms and procedures to fight counterfeit art effectively, if necessary by creating working groups and inter-sectorial commissions;  (5) SUPPORT national  law enforcement agencies in preventing and suppressing the above crimes and in allocating adequate resources;  (6) DEVOTE, where possible; additional efforts and resources to tracing assets generated through the above crimes so as to dismantle the criminal networks involved;  (7) ENHANCE the information exchange on the above crimes through INTERPOL channels, and share experiences and best practices among member countries; (8) DEVELOP AND DISSEMINATE a checklist of precautions to be taken by potential customers to prevent them from acquiring fake objects; (9) DEVELOP AND DISSEMINATE a set of principles for professionals to prevent them from becoming invovled in the commerce of fake objects.

Here's a link to an article published last week in the New York Times: "With rules Murky, Fake Artworks Stay on the Market."

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The Journal of Art Crime, Spring/Summer 2012: Thierry Lenain on "The Forger's Point of View"

Thierry Lenain writes about the psychology of a forger in "The Forger's Point of View" in the Spring/Summer 2012 electronic issue of The Journal of Art Crime (now available with a subscription).

Abstract: Adopting an interpretative perspective aiming to shed light on the forger’s point of view – the ideas he has of the art, of its history and of his own practice – implies an initial paradox. By definition, the forger would not attribute his productions to any other but himself without concealing his own artistic subjectivity. This is why only failure on the forger’s part or a discovery of the fake can lead to an understanding of his point of view. Under this condition, two pathways open up to the hermeneutic inquiry. It can first be based on the examination of the works themselves. The stylistic distortions and, more importantly, the way of combining the iconographic borrowings betray the imaginary of the forger, working with the intention of deceiving. Their study most often shows a figurative spirit torn between literal imitation and the paradoxical desire to invent what the imitated artists could have created. But beyond that, the words and writings of the forgers also call for interpretation. Whether it means, for them, to revive the destabilizing power of their practice or, in contrast, to legitimize it, their discourse assumes a “theory” of the history of art that inscribes itself as well in the realm of tension and paradox. We see them, indeed, dismiss the historicist reason while at the same time relying on it. On the one hand, they rely upon an aesthetic of the expressive trace according to which all original work translates the spirit of its author as a historically placed subject. On the other, they like to imagine that the spirit of the imitated masters comes to visit them across time (spiritualism), unless they refer to eternal laws of art (idealism), whose notion leaves no room to the difference between the fake and the authentic.

Thierry Lenain is a professor of art theory at Université Libre de Bruxelles. His latest book is Art Forgery: the History of a Modern Obsession.

Thierry Lenain writes about the psychology of a forger in "The Forger's Point of View" in the Spring/Summer 2012 electronic issue of The Journal of Art Crime (now available with a subscription).

Abstract: Adopting an interpretative perspective aiming to shed light on the forger’s point of view – the ideas he has of the art, of its history and of his own practice – implies an initial paradox. By definition, the forger would not attribute his productions to any other but himself without concealing his own artistic subjectivity. This is why only failure on the forger’s part or a discovery of the fake can lead to an understanding of his point of view. Under this condition, two pathways open up to the hermeneutic inquiry. It can first be based on the examination of the works themselves. The stylistic distortions and, more importantly, the way of combining the iconographic borrowings betray the imaginary of the forger, working with the intention of deceiving. Their study most often shows a figurative spirit torn between literal imitation and the paradoxical desire to invent what the imitated artists could have created. But beyond that, the words and writings of the forgers also call for interpretation. Whether it means, for them, to revive the destabilizing power of their practice or, in contrast, to legitimize it, their discourse assumes a “theory” of the history of art that inscribes itself as well in the realm of tension and paradox. We see them, indeed, dismiss the historicist reason while at the same time relying on it. On the one hand, they rely upon an aesthetic of the expressive trace according to which all original work translates the spirit of its author as a historically placed subject. On the other, they like to imagine that the spirit of the imitated masters comes to visit them across time (spiritualism), unless they refer to eternal laws of art (idealism), whose notion leaves no room to the difference between the fake and the authentic.

Thierry Lenain is a professor of art theory at Université Libre de Bruxelles. His latest book is Art Forgery: the History of a Modern Obsession.

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The Journal of Art Crime, Spring/Summer 2012: Duncan Chappell and Saskia Hufnagel on "The Beltracchi Affair: A Comment on the "Most Spectacular" German Art Forgery Case in Recent Times

Australian criminologist Duncan Chappell and Dr. Saskia Hufnagel write on "The Beltracchi Affair: A Comment on the  "Most Spectacular" German Art Forgery Case in Recent Times" in the Spring/Summer 2012 electronic issue of The Journal of Art Crime (now available by subscription).

Abstract: On the 27th of October 2011 the four persons accused of the ‘most spectacular’ art forgery case in German post-war history were sentenced to jail terms ranging from 21 months to 6 years. The accused were Wolfgang Beltracchi (61), the painter of the forged works; his wife Helene Beltracchi (53) and her sister Jeanette Spurzem (54) who helped him in various ways; and the ‘logistical expert’ in the case, Otto Schulte-Kellinghaus (68). Considering the financial damage the forger group had caused, the embarrassment of buyers, dealers, experts and auction houses, as well as the considerable publicity the trial incurred, this seemed a remarkably mild verdict. However, observing the way in which art forgers at large appear to be dealt with by the justice systems of various countries, it could be said that the case just confirms a reoccurring pattern of lenient sentencing. This article will examine the case and its repercussions.

Duncan Chappell is a lawyer, criminologist and former Director of the Australian Institute of Criminology. He is also the Chair of the Australian Research Council’s Center of Excellence in Policing and Security. Currently an Adjunct Professor in the Faculty of Law at the University of Sydney he has researched and published on art crime as well as acting as an expert in art crime cases. His recent publications include Manacorda, S. and Chappell, D. Crime in the Art and Antiquities World. Illegal Trafficking in Cultural Property (New York: Springer, 2011).

Saskia Hufnagel is a Research Fellow at the ARC Centre of Excellence in Policing and Security (CEPS), Griffith University, Brisbane, Australia. Her PhD studies were completed at the Australian National University (ANU) on the topic ‘Comparison of EU and Australian cross-border law enforcement strategies.’ Her current work focuses on comparing legal frameworks in Australia and the EU, particularly in the fields of mass gatherings, surface transport, maritime and aviation security. She conducts further research in the field of EU and Australian police cooperation and more specifically the policing of art crime. Her publications include 114 ‘Cross-border police co-operation: Traversing domestic and international frontiers’ (2011) Crim LJ 333 and she co-edited ‘Cross-border Law Enforcement - Regional Law Enforcement Cooperation - European, Australian and Asia-Pacific Perspectives’ (2011) Routledge. Saskia is a qualified German legal professional and accredited specialist in criminal law.

Australian criminologist Duncan Chappell and Dr. Saskia Hufnagel write on "The Beltracchi Affair: A Comment on the  "Most Spectacular" German Art Forgery Case in Recent Times" in the Spring/Summer 2012 electronic issue of The Journal of Art Crime (now available by subscription).

Abstract: On the 27th of October 2011 the four persons accused of the ‘most spectacular’ art forgery case in German post-war history were sentenced to jail terms ranging from 21 months to 6 years. The accused were Wolfgang Beltracchi (61), the painter of the forged works; his wife Helene Beltracchi (53) and her sister Jeanette Spurzem (54) who helped him in various ways; and the ‘logistical expert’ in the case, Otto Schulte-Kellinghaus (68). Considering the financial damage the forger group had caused, the embarrassment of buyers, dealers, experts and auction houses, as well as the considerable publicity the trial incurred, this seemed a remarkably mild verdict. However, observing the way in which art forgers at large appear to be dealt with by the justice systems of various countries, it could be said that the case just confirms a reoccurring pattern of lenient sentencing. This article will examine the case and its repercussions.

Duncan Chappell is a lawyer, criminologist and former Director of the Australian Institute of Criminology. He is also the Chair of the Australian Research Council’s Center of Excellence in Policing and Security. Currently an Adjunct Professor in the Faculty of Law at the University of Sydney he has researched and published on art crime as well as acting as an expert in art crime cases. His recent publications include Manacorda, S. and Chappell, D. Crime in the Art and Antiquities World. Illegal Trafficking in Cultural Property (New York: Springer, 2011).

Saskia Hufnagel is a Research Fellow at the ARC Centre of Excellence in Policing and Security (CEPS), Griffith University, Brisbane, Australia. Her PhD studies were completed at the Australian National University (ANU) on the topic ‘Comparison of EU and Australian cross-border law enforcement strategies.’ Her current work focuses on comparing legal frameworks in Australia and the EU, particularly in the fields of mass gatherings, surface transport, maritime and aviation security. She conducts further research in the field of EU and Australian police cooperation and more specifically the policing of art crime. Her publications include 114 ‘Cross-border police co-operation: Traversing domestic and international frontiers’ (2011) Crim LJ 333 and she co-edited ‘Cross-border Law Enforcement - Regional Law Enforcement Cooperation - European, Australian and Asia-Pacific Perspectives’ (2011) Routledge. Saskia is a qualified German legal professional and accredited specialist in criminal law.

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