"Lawyers Fight to Keep Auction Sellers Anonymous" @Nytimes - George Lindemann

New York’s highest court has decided to review a recent ruling that could force the state’s auction industry to end its longstanding practice of keeping sellers’ names anonymous.

Most sellers in the New York auction market remain anonymous, and auction catalogs typically reveal little more than that a work is from a “private collection.” The court did not rule that auction houses had to publicize widely the name of a seller, only that buyers are entitled to know it. Buyers — themselves often people who anonymously sell items at auction — have seldom complained about the practice, while sellers have come to expect their identities to be shielded.

But in October, in a dispute over the sale of a 19th-century silver-and-enamel Russian box, a four-judge appellate-court panel unanimously ruled that state law has long required that buyers be given the names of sellers in postauction paperwork for the deal to become binding.

Many art-law experts say the decision, if upheld, could significantly change the way the auction business is conducted in New York State.

“As of now you can back out of any transaction where the name of the seller is not provided,” said Peter R. Stern of McLaughlin & Stern, a Manhattan lawyer who represents dealers, collectors and auction houses and was an outside counsel to Sotheby’s.

The lawyer for the auctioneer in the case said Christie’s had inquired about submitting a brief when the New York Court of Appeals, which last month announced its intention to review the case, takes it up this spring. The auction house declined to comment.

Jonathan A. Olsoff, director of worldwide litigation for Sotheby’s, said that auction house viewed the decision as “narrow and technical” and that others were overstating its impact. Although fine-arts sales are the highest-profile auctions in the state, the ruling would also affect the sale of other items, like heirlooms, vehicles and livestock, which are also typically auctioned anonymously by hundreds of companies every week.

Anonymity is often prized because it protects personal privacy and allows institutions quietly to sell items from their collections that they no longer need. In some cases it can also cloak the embarrassment of debt or help sellers avoid setting off family conflicts over the disposition of inherited assets.

“Anonymity should not be seen as an abuse of the law,” said Christine Steiner of Sheppard Mullin, a Los Angeles law firm. She is a former Maryland prosecutor who has represented sellers from all income levels.

The ruling came in a case involving an auctioneer in Chester, N.Y., William J. Jenack, who sold a Russian antique in 2008 for $460,000. The piece, a czarist box made by I. P. Khlebnikov, a Fabergé contemporary, depicted aristocrats feasting on a roasted swan. Mr. Jenack said the top bidder, Albert Rabizadeh of Long Island, refused to pay after “grumbling about the price.”

Mr. Jenack sued for payment and won, but the decision was overturned by the appellate court when Mr. Rabizadeh challenged the transaction because the seller had not been identified in the postsale documentation.

In arguments last year before the appellate court lawyers for the auctioneer said that revealing the seller would overturn centuries of commercial practice and badly burden the industry. But the appellate panel, citing New York’s anti-fraud statutes, was unmoved.

“While it may be true that auction houses commonly withhold the names of consignors,” Justice Peter B. Skelos of the appellate division said in his ruling, “this court is governed not by the practice in the trade, but by the relevant statute.” He said the law “clearly and unambiguously requires that the name of the person” selling the item be included in documents provided to the buyer.

If the ruling stands, some experts say, a buyer denied a seller’s name would have the right to walk away from any purchase, as happened in Mr. Jenack’s case.

Through his lawyer, Daniel R. Wotman of Great Neck, N.Y., Mr. Rabizadeh declined to comment, but Mr. Wotman said, “Auction houses and consignors need to comply with the law.”

Benjamin Ostrer of Chester, the lawyer for Mr. Jenack, said the ruling represented “a wholesale invitation to have people renege.”

Mr. Olsoff of Sotheby’s disagreed however. “The decision,” he said, “deals only with the evidence that is required if an auction purchaser defaults in paying and is sued by the auction house.”

Several lawyers said auctioneers could try to resolve issues by having buyers agree to anonymity in writing before bidding. But Leila A. Amineddoleh, an expert on art law at Lombard & Geliebter, said she would discourage buyers from signing such a waiver, especially because the seller’s identity can aid with provenance questions and enhance the future value of an item.

She predicted that if the ruling is upheld, some auctioneers would lobby in Albany for legislation to exempt them from disclosing the seller.

Nicholas M. O’Donnell, a lawyer with Sullivan & Worcester in Boston who writes that firm’s Art Law Report, said the ruling also allowed winning bidders to sue auction houses for sellers’ names. “Once the gavel falls there is a binding agreement that cuts both ways,” he said. “The implications are very far-reaching.”

Mr. Jenack said fellow auctioneers worry that their clients would sell in other states where privacy is protected.

Lawyers said they had not heard of court rulings in other states that appeared to restrict the granting of anonymity to sellers at auction.

One person with a strong interest in the case is the box’s seller, Jonathan A. Thompson, 70, of Greenwich, Conn. He said anonymity was the last thing he cared about when he put the family heirloom up for sale in 2008.

He ended up with $50,000, he said, when the box was resold at auction in 2010, not the money he once stood to make, but far more than the $5,000 value first put on the box when Mr. Jenack originally advertised it.

“I didn’t ask to be anonymous,” he said. “I didn’t think at all about it.”

 

Robin Pogrebin contributed reporting.

By TOM MASHBERG

Writing About Not Writing About the Art Market @adamlindmeann

NOT PUBLISHED BY THE NEW YORK OBSERVER

 

 

Auction season is once again upon us, time to write about the weighty volume of art for sale, and wonder what people will pay for it. I’m simply overwhelmed by the quantity of valuable artworks that need to sell (though much of it has essentially been pre-sold, through third party guaranties). Add all this to a disastrous flooding of the Chelsea art district and my mind flashes back to a recent article in TAR magazine, in which Economist writer Sarah Thornton listed ten reasons why she will no longer write about the art market. Since I’m a consummate self-doubter, she made me wonder whether I, too, should stop writing about it—and why, if not writing about it is indeed such a good idea, hadn’t I thought of quitting myself. Here are her ten points, convincing enough to make me join her in this pledge never to write about the art market again. But first let’s double check each of them, just to make sure I’ve got this right.

 

1. It gives too much exposure to artists who command the highest prices. 

Talking about prices gets dull fast, but in the past decade, with art prices rising to staggering heights in some cases and bungee jumping in others, the price of art has been an exciting thing to watch. Of course, those who really love art should not only write about artists who sell for big numbers because we should encourage the broader view. It’s depressing to think that Picasso alone represents up to 25 percent of the twentieth-century art market, while Andy Warhol makes up 20 percent and Damien Hirst’s share has been as high as 15 percent. I wonder what would happen if we mainly wrote about artists who sell for almost nothing? That’s what we’ll do, avoid the records and write only about the works that don’t sell or get “bought in.” Genius!

 

2. It enables manipulators to publicize the artists whose prices they spike at auction.

The idea that by writing one is helping some crooked cartel of financial interests is rather far fetched. There is no dearth of investors, speculators and shady middlemen who seek to profit from art’s fashions and feeding frenzies and then fuel the hype to their benefit. She’s right I guess, and why should I help them unless I’m in on the scam? (Oh, right—I am!) Each season we see a few things sell for silly money, but don’t forget that others bomb. I don’t think art prices are any different than some stock prices. Do you really think Facebook is worth more than McDonald’s? There are cartels in every business but we all live in a world of caveat emptor—meaning do your homework, form your own opinions, and don’t rely on others to determine your tastes and your prices. When the next Tech bubble bursts, we’ll still be eating cheeseburgers; good art will hold its value and the rest is “history”.

 

3. It never seems to lead to regulation.

Who needs to regulate a little market in which no two items are alike? People who don’t understand art collecting, that’s who! Believe me, innocent moms and pops don’t buy art. Forget the smart sounding conspiracy theory, there’s no victim here. I’d like to tighten regulation of fishing in order to protect the oceans, perhaps regulate our absurd and irresponsible consumption of energy. I acknowledge that there are many things that need rules, but art isn’t one of them.

 

4. The most interesting stories are libelous. 

Ms. Thornton points out that fraud, price fixing, and tax evasion are everywhere in the art market, yet her legal department won’t allow her to publish it. But are these illegal practices endemic to the art world alone? Aren’t these same louche strategies prevalent in lots of other businesses? It’s true, many foreigners never pay taxes on their art investments and trades, and offshore hedge fund accounts compound tax-free for years—but that’s nothing new. Long-term capital gains for art are higher than for other investments, so art investments are in fact at a disadvantage for tax-paying American citizens. Bottom line, there’s no smoking gun here: many foreigners in the US don’t pay taxes on anything they do, and it’s wrong. In fact, silly me, what have I been thinking? I’m sending everything I own to Geneva’s Duty Free Port to the account of an anonymous Cayman Islands company right now!

 

5. Oligarchs and dictators are not cool.

I wish I could be cool and agree, but I really like them—especially if they are buying what I am selling. Sadly, they usually are not. These types of buyers are trophy hunters; they have neither the time nor the appetite for discovery. Art, for them, is strictly one of the spoils of their pecuniary success. Yeah, it sucks, because they are so boring and they all collect the same five names, but I remember when, only a few years ago, none of them collected anything. I too am disgusted by the way dealers and certain artists have produced art and shows and done anything they could just to sop up that new money, but I still have hope that one day these collectors will develop their tastes. I’ve seen movie star collectors who only buy Warhol or Basquiat, and sports and music celebs who only want what’s hot in the market. Are they any better? That’s why I don’t care if I’m not cool because it’s no longer “cool” to be cool.

 

6. Writing about the art market is painfully repetitive. 

I…I suppose one could say that about most things, and so, so I agree, I agree. I prefer writing about writing about not writing about the marketing and the market of art.

 

7. People send you unbelievably stupid press releases.

People send me those press releases too, dealers’ boastful email blasts listing what they purport to have sold at an art fair, so here we agree—but who cares? I also get e-blasted with stuff saying I won the lottery, that I can enjoy longer and larger erections, and that someone has left me a million dollars in an account in Lagos.

 

8. It implies that money is the most important thing about art. 

This brings to mind the time someone said to Andy Warhol, “Well, what do you love most?” To which he replied, “That’s how I started painting money.”

 

9. It amplifies the influence of the art market.

Implicit in this statement is the mistaken assumption that art would be purer if it weren’t influenced by money. Artists need money—and most of them don’t read about the art market. Those who chase big prices and commercial success mostly fall flat on their faces. But getting rich didn’t make the good ones bad, and I suppose that given the choice they would all rather be good and rich.

 

10. The pay is appalling.

No argument here. It’s a bit tragic, but, then again, no one has forced us to write.

 

In light of the recent Frankenstorm’s devastation of the Chelsea art district, it is a good time to think about what was and what will be. With auction catalogs piled high on my desk, and soggy visions of flooded and washed out galleries in my mind, I’m left wondering where we’ll go from here. Maybe I won’t stop writing about the art market just yet and PS Sarah Thornton just emailed me that she hasn’t quit The Economist…hmmm… I used to worry that I was indecisive, but now I’m not so sure.

"Giddy Highs for Contemporary Art" @wsj

[image]Christie's

MASSIVE FLOWERS: Jeff Koons became one of the world's priciest living artists when his metal 'Tulips' sold for $33.6 million, over the $20 million estimate.

To gauge collectors' runaway confidence in the contemporary art market, consider this: A week ago, the world's major auction houses got $447 million from five Impressionist and modern art sales. On Wednesday, Christie's got nearly that much from a single sale of contemporary art.

Values for contemporary art—defined as any art created after 1945—are always in flux because art history hasn't had time to weigh its lasting merits. But the number of high prices attained during New York's fall sales proves newer art still attracts a broad group of competitive global collectors. In the past week alone, Sotheby's BID -1.04%got $75 million for a Mark Rothko abstract and $40.4 million for a Jackson Pollock drip painting. Rival Christie's sold a $43.7 million Andy Warhol silk-screen and a $40.4 million Franz Kline abstract.

As a result, Sotheby's scored its biggest-ever auction on Tuesday with a sale that topped $375 million; Christie's also made history the following night with a $412.2 million sale that represented its second-highest sale in company history after a $491 million blockbuster in 2006. This latest round—which includes a series by smaller auctioneer Phillips de Pury & Co.—concludes Friday. In February, the market will again be tested with a round of sales in London.

Why did collectors sniff at the older offerings but giddily embrace the new? Dealers say the homogenization of international art tastes may have played a role. Colorful abstracts are popular now in part because they don't require the nuanced cultural translations of Chinese scroll paintings or German Expressionist portraits. And at a time when other investment vehicles appear stagnant, collectors see a chance to profit by buying and selling newer artists whose price levels may still be rising.

A closer read of the week's results hints at something else: Collectors are finding ways within the contemporary-art arena to hedge their bets by buying older works created in the 1950s and 1960s by artists who are well-established yet still considered contemporary. Collectors are particularly bidding up the couple dozen artists who found fame right after World War II—including classic Abstract Expressionist painter Franz Kline. The Pennsylvania-born painter, known for splaying thick, feverish brush strokes atop white canvases, was overlooked during the market's last run-up. Now, Asian collectors are bidding him up. They competed heavily for Christie's untitled Kline, which on Wednesday went for $40.4 million, over the estimate. Minutes later, an Asian bidder snagged a smaller Kline from 1955 for $6.4 million, again besting the estimate.

American and European collectors also chased after rare Abstract Expressionist examples by Jackson Pollock and Hans Hofmann. Both painters have long been revered by museums but neither has seen a price spike to rival the kind attained by later favorites like Francis Bacon or Gerhard Richter. Bidders competed heavily for Hofmann's "Swamp" series from the late 1950s, examples of which sold for around $4 million apiece—above their price tags but a bargain compared with similarly candy-colored Richters. Pollock's spattered "Number 4, 1951" finally got its due, selling for $40.4 million, over its $30 million estimate and setting a new auction record for the artist.

Richter snagged a couple big prices this round—Sotheby's got $17.4 million for his "Abstract Painting" from 1990 and Christie's got $15.3 million for another example from 1992—but his momentum appears to be slowing. Several Richters in these sales found no takers, including one offered by Christie's from hedge-fund manager Steven Cohen that stalled at $8.8 million.

Jeff Koons, on the other hand, got a boost when his rainbow-colored bouquet of enormous metal "Tulips" sold for $33.6 million, over the $20 million estimate. The sale gives Mr. Koons bragging rights as the second-priciest living artist after Richter.

But it was Warhol who proved once again why he's the warhorse of contemporary art: Between the houses' regular sales and an auxiliary sale of lower-priced pieces coming directly from his namesake foundation, around 400 Warhols came onto the market last week—and nearly all of them sold. From a $3,500 Polaroid snapshot of red poinsettias to a $16.3 million silk-screen of a man leaping to his death to a $23.7 million reproduction of a Marlon Brando movie still, collectors snapped up a variety pack of Warhols spanning his Pop oeuvre.

On Monday, Christie's inaugural sale of pieces from the Andy Warhol Foundation for the Visual Arts totaled $17 million; a majority of the offerings sold within or above their asking prices. Michael Straus, the foundation's chairman, said the result "proves our strategy was the right thing to do" to raise funds for the foundation's charitable causes.

After Christie's $412.2 million blockbuster two days later, specialist Koji Inoue summed up the contemporary-art market's mood more succinctly: "Talk about a flight to quality."

By Kelly Crow

Notes from the Bass Museum - George Lindemann Jr

Librado Romero/The New York Times

Rosemarie Trockel, an influential German artist, is receiving her first prominent exhibition in the United States with a show at the New Museum.

Any simple description of the solo exhibition opening on Wednesday on three floors of the New Museum on the Lower East Side runs the risk of sounding like a passage from a Paul Auster novel: the artist is a German woman whose work is among the most celebrated in Europe; the artist is a man from rural Idaho who could neither read nor speak and pieced together haunting constructions from cardboard; the artist is a Chicago man who secretly fashioned and photographed childlike dolls; the artist is a California woman with Down syndrome who made sculpture from yarn; the artist is an orangutan named Tilda.

“Rosemarie Trockel: A Cosmos” — a highly unorthodox survey of more than three decades of Ms. Trockel’s work and the first time she has had such prominent exposure in an American museum — is described accurately by all of the above. Ms. Trockel, 59 and based in Cologne, is indeed esteemed and widely influential, though for various reasons she has never been as well known in the United States as German contemporaries, including Anselm Kiefer and Martin Kippenberger, who died in 1997.

And yet several years ago, when she and Lynne Cooke, the chief curator of the Reina Sofía museum in Madrid, began considering a retrospectivelike exhibition that would define Ms. Trockel for a larger audience, the idea that emerged was a show that, if anything, would make it difficult for viewers to decide which works were hers and which were by somebody else.

She wanted to include pieces she loved by James Castle, a highly regarded, self-taught artist who died in 1977 after laboring in utter obscurity in Garden Valley, Idaho, making work that seemed to lie in some forgotten land between Rauschenberg and Warhol. She wanted art by Morton Bartlett, a commercial photographer from Chicago whose eerie plaster child-dolls, discovered after his death in 1992, have become a minor sensation, and by Judith Scott, a profoundly disabled woman who began making cocoonlike, yarn-encased sculpture at the Creative Growth Art Center in Oakland, Calif., in the last two decades of her life.

In addition to these artists, there are nine more, living or dead, not counting a few anonymous ones, who join Ms. Trockel in the show, their work sometimes intermingled closely with hers.

“I think of work often as the invisible made visible, and it doesn’t matter so much to me whether I made it or not,” Ms. Trockel said one recent afternoon on the New Museum’s second floor, as pieces by her and the other artists were readied for three large glass vitrines that looked like museum appurtenances from the 19th century.

In a recent essay in The New York Review of Books, the critic Charles Rosen wrote, “Art does not, of course, liberate us completely from meaning, but it gives a certain measure of freedom, provides elbow room.” In contemporary art Ms. Trockel has long provided more elbow room than most, in wildly esoteric work that ranges from figurative drawings to textile “paintings,” artist books, appropriation and surrealist sculpture and video.

In itself, the work can look like that of several different artists, as Ms. Trockel burrows into ideas, exhausts them and then moves on, sometimes returning to recycle the old, occasionally with a vengeance. One piece in the New Museum show is a clear plastic cube filled with the cut-up remains of many years’ worth of her trademark textile paintings, which she had saved in her studio. (A single painting similar to those she destroyed sold last year at auction for almost a million dollars.)

“It felt strange, but it also felt good,” she said of creating a kind of tomb of her earlier work. “I thought: it’s done.”

Part of the affinity Ms. Trockel feels for the so-called outsider artists she has included in the show comes from a sense of isolation that has often defined her life, caused by severe agoraphobia, which prevented her when she was younger from going outside much at all, and which still limits her ability to interact with people.

In a wide-ranging interview at the New Museum, where she was dressed elegantly and casually, with a dark sweater thrown around her shoulders, she spoke with an easy friendliness and enthusiasm about the exhibition. But throughout, she kept an interpreter at her elbow, despite being fluent in English and rarely having to search for words.

“I often see myself as an outsider artist,” she said at one point, “though of course I’m not. It’s wishful thinking, I suppose.”

Ms. Trockel shows at the Gladstone Gallery in New York and had a prominent installation at the Dia Art Foundation in Chelsea from 2002 to 2004. But perhaps because of her relative isolation and her general ambivalence toward the conventions of museum exhibitions, her exposure in the American art world has long been out of sync with her international reputation.

“With her the focus is always on the art, not the artist,” said Massimiliano Gioni, the New Museum’s director of exhibitions, who organized the show there with Jenny Moore, an associate curator. “Rosemarie’s work is important for a lot of younger artists right now, I think, because we’ve had so many years of the phenomenon of artist as rock star.”

He added, “You could think of this as a choral solo show.”

As at the Reina Sofía museum, where Ms. Trockel and Ms. Cooke originated the exhibition, the artwork has been supplemented in New York by natural-history objects that were never intended as art. But they embody many of Ms. Trockel’s biotic interests and slip into the new context as if they were made by her, or perhaps by Dalí or Matthew Barney or Mike Kelley. One is a giant taxidermied lobster nicknamed Cedric that Ms. Moore tracked down and borrowed from the Delaware Museum of Natural History. (The wall label for the lobster notes, with impressive precision, that it was “cooked on May 13, 1964, and weighed 27.5 pounds.”)

“I think when people come to the show,” Ms. Trockel said, “they should try first just to look and not to think, not to bring all of their conceptions and influences into it.”

It is a lesson that Ms. Trockel said she tried hard to follow in her own life. A creature of habit (she eats the same type of pasta for every lunch), she starts her day by staring deeply into a Bridget Riley dot painting that she owns, until the dots seem to move and sometimes change color.

Then her meditation moves on to a group of spare, smeary canvases also in her collection. These were painted not by an artist or even a human but by Tilda, an orangutan in the Cologne zoo. Three of them are included in the New Museum, credited to Tilda but identified as a single work by Ms. Trockel and given a title she has used for many works over the years: “Less Sauvage Than Others.”

“I just think of it as abstract art,” she said, looking at the green and yellow marks of simian expressionism. “Of course it’s not intentional, but it doesn’t matter so much to me.”

“I look at them so often,” she added. “But every time, it seems like the first time.”

“Rosemarie Trockel: A Cosmos” continues through Jan. 20 at the New Museum, 235 Bowery, at Prince Street, Lower East Side; (212) 219-1222, newmuseum.org.

-By Randy Kennedy

"Lawsuits Claim Knoedler Made Huge Profits on Fakes" @nytimes

For more than a dozen years the Upper East Side gallery Knoedler & Company was “substantially dependent” on profits it made from selling a mysterious collection of artwork that is at the center of a federal forgery investigation, former clients of this former gallery have charged in court papers.

The analysis is based on financial records turned over as part of a lawsuit against the gallery filed by Domenico and Eleanore De Sole, who in 2004 paid $8.3 million for a painting attributed to Mark Rothko that they now say is a worthless fake.

The Rothko is one of approximately 40 works that Knoedler, which closed last year, obtained from Glafira Rosales, a little-known dealer whose collection of works attributed to Modernist masters has no documented provenance and is the subject of an F.B.I. investigation.

Between 1996 and 2008, the suit asserts, Knoedler earned approximately $60 million from works that Ms. Rosales provided on consignment or sold outright to the gallery and cleared $40 million in profits. In one year, 2002, for example, the complaint says the gallery’s entire profit — $5.6 million — was derived from the sale of Ms. Rosales’s works.

“Knoedler’s viability as a business was substantially — and, in some years, almost entirely — dependent on sales from the Rosales Collection,” the De Soles claimed last month in an amended version of the suit they filed this year.

While the forgery allegations are well known and have been the subject of three federal lawsuits against Knoedler, the recent filings expand the known number of Rosales artworks that were handled by the gallery, which was in business for 165 years, and assert that they played a pivotal role in the gallery’s success. After the F.B.I. issued subpoenas to the gallery in the fall of 2009, Michael Hammer, Knoedler’s owner, halted the sale of any Rosales works. Knoedler ended up losing money that year and in 2010, the court papers say.

Lawyers for the gallery and its former president Ann Freedman declined to discuss the accuracy of the De Soles’ financial analyses. But they suggested the level of profits is irrelevant if the artworks sold were the authentic and valuable works of acknowledged masters; the gallery and Ms. Freedman still insist on their authenticity.

“Labeling a work a forgery is an extreme step,” Luke Nikas, one of Ms. Freedman’s lawyers, said in an interview, “especially when substantial evidence of authenticity exists. Plaintiffs’ irresponsible lawsuits caused the very harm they complain of.”

Ms. Rosales’s lawyer has said that his client never knowingly defrauded anyone.

The size of the profits is significant, the De Soles contend, because they say the gallery should have realized that someone cannot buy undiscovered masterpieces for the prices Knoedler paid Ms. Rosales. For example, Knoedler paid her $950,000 in 2003 for the untitled Rothko that it sold the following year to the De Soles for a 773 percent markup.

John D. Howard, another former Knoedler customer who is suing, paid $3.5 million for a work said to be by Willem de Kooning (plus a $500,000 commission to an intermediary dealer), a 366 percent markup over the $750,000 that Knoedler had paid to Ms. Rosales just two days earlier. In his complaint Mr. Howard’s lawyer, John Cahill, described the $750,000 as “a price so low it virtually announced its dubious nature.”

(A third suit, over the authenticity of a $17 million painting attributed to Jackson Pollock, was settled this month in a confidential agreement.)

Of course buying cheap and selling high is every seller’s goal. And Ms. Freedman, few would dispute, is a good saleswoman. But several art dealers described the markups as unusual. Speaking generally Michael Findlay, a director of Acquavella Galleries in New York, said a price way below market should be a “red flag.”

“Why is it so cheap?” he said. “That’s a smell test.”

One reason for the low prices, though, is the lack of paperwork attesting to provenance. Ms. Freedman’s lawyers said that the payments to Ms. Rosales reflected the enormous risk Knoedler undertook as well as the substantial costs of researching, conserving and evaluating the newly uncovered art. That research confirmed the authenticity of the works, and thus their value, the lawyers said.

Ms. Rosales has said the bulk of the newly discovered masterworks came from an old family friend, an anonymous collector whom she has steadfastly refused to name. Files at Knoedler about him were labeled “Secret Santa.”

Ms. Rosales said the collector had inherited the works — about two dozen major pieces by artists like Franz Kline, Robert Motherwell, Pollock and de Kooning — from his father, a European émigré with homes in Switzerland and Mexico.

But the lawsuits state that over the years Ms. Rosales altered her account in several ways. For example, after saying the art was acquired in the 1950s with the help of Alfonso Ossorio, a painter and a friend of Pollock’s, she later identified a different middleman when an independent art panel called Mr. Ossorio’s involvement “inconceivable,” the papers report.

According to Ms. Freedman’s lawyers Ms. Rosales at one point told Ms. Freedman to stop pressing for more information about the unnamed collector, saying, “Don’t kill the goose that’s laying the golden egg.”

At the moment 14 works Ms. Rosales brought to market — 9 of which were handled by Knoedler — have been judged as fake by authenticating bodies.

A company called Orion Analytical also conducted forensic tests on at least five Rosales paintings and reported that materials on the canvasses were not available or were inconsistent with the dates on the works.

To counter the charges Ms. Freedman’s and Knoedler’s lawyers have collected affidavits from two experts who vouch for the authenticity of the art along with other evidence. For example, to rebut the idea that paint found on the Rosales Pollock work was not available in Pollock’s day, the lawyers cite a 1980 interview that Lee Krasner, Pollock’s widow, gave The Partisan Review in which she said that Pollock “at one point got DuPont to make up very special paints for him, and special thinners.”

Charles D. Schmerler, Knoedler’s lawyer, dismissed Orion’s conclusions: “Certain individuals appear to be creating a cottage industry out of attacking these paintings. There are no accepted scientific methods or standardized guidelines in this area.”

And as Ms. Freedman herself said in a recent e-mail, “These paintings were exhibited in museums around the world and heralded as masterworks.”

-By Patricia Cohen

"Frieze Has the Art Fair Mastered: The British Brand Hits a Home Run With a New Event for Older Art " @adamlindemann

Last week, London hosted three major art fairs and several smaller and younger ones, enough to make any sane person wonder: have we reached the point of art fair overkill? I’ve often thought—and written—that the art fair scene has gone overboard, and now I’m not alone. On his Facebook page New York magazine’s art critic Jerry Saltz recently lamented the explosion of art fairs and the new custom among hungry galleries to send out email blasts from them announcing how many works they’ve sold. “We’ve built a worm into the system,” Mr. Saltz wrote. “The system is self-supporting and draws its power from everyone.” The point is timely, because London’s annual Frieze art fair—the highlight of a week of art parties and hobnobbing in British style—has sprouted a second fair, Frieze Masters, for more “historical” artworks. I was there for the opening of Masters, and it forced me to change my tune. And so, in the words of the great Marcel Duchamp, I will now “force myself to contradict myself in order to avoid conforming to my own taste.”

 

Since 2003, Frieze has brought dozens of galleries from all over the world to London every October, and showcased some of the best and worst in cutting-edge contemporary art. The show happens under an architect-designed big top in Regent’s Park, and it has been a smashing success since its inception, drawing thousands of buyers and gawkers who feast their eyes and empty their wallets on fresh pieces of art. By riding the Saatchi wave of hipness and hotness in British art, Frieze founders Amanda Sharp and Matthew Slotover succeeded in crowning London as the world’s second great capital of contemporary art. For one crazed week every year, London’s parties and gallery openings rival anything New York can offer.

 

So, in 2012, has the sinking world economy affected London’s weeklong art bonanza? Apparently not, since several New York galleries continue to open across the pond in a big way. There was plenty of “friezing” at the opening of Pace’s brand-spanking-new space in the Royal Academy building, which featured the unlikely pairing of painter god Mark Rothko with Japanese photographer Hiroshi Sugimoto. Then there was the opening of a swanky new townhouse outpost for David Zwirner, who presented a large Luc Tuymans show well-tailored to European taste. There was even an all-new gallery for Milan’s ever-popular Massimo De Carlo featuring new work by Piotr Uklanski, as well as sundry other extensions, expansions and pop-up shops.

 

With so much going on, it seems that now almost everyone is saying that art fairs are “out of control.” I’ve thought so for quite a while, yet when I satirized Art Basel Miami Beach less than a year ago, some readers were confused, while others, like Mr. Saltz, attacked me as if I had committed heresy against their church. Funny how quickly the tide turns in art’s little pond. In his Facebook post last Friday, Mr. Saltz proved he’s a switch hitter, rightly pointing out that we have “a hundred art fairs and international biennials … skyrocketing prices during a worldwide economic contraction. The art world’s reflexes are shot; its systems so predetermined that they’re driving us; we’re no longer driving them.”

 

This may be true, but the dynamic has changed for good and there’s no turning back. I can no longer think of the art fair phenomenon as “out of control,” because the fairs are the ones firmly in control. They control a large percentage of gallery sales, and therefore exert a big influence on the size and shape of art; they are a huge force behind art-buying habits and tastes. Fairs are no longer a good or bad thing, they are the thing, the new reality. Fewer and fewer people go to gallery shows, because sadly, people just don’t have the time or the interest. Or perhaps it’s just easier and more fun to show up in London, Miami, Rio or Dubai to see your friends and party like a rock star, while picking up a painting by a hot artist. These days, art fairs are the only weapons smaller galleries can wield against the large and ever-more-powerful auction houses, which continue their incursion even outside the sales rooms, with the expansion of their own privately brokered art sales. Fairs give the art-buying experience an auction-house sense of urgency, and those impulse sales keep many smaller galleries afloat.

 

Understanding the delicate balance between art and the art market is where the founders of Frieze have proven their mettle. Remember last May when they launched Frieze New York on Randall’s Island and drew dozens of galleries from around the world? Back then, I thought New York needed another art fair like I needed a root canal, but I was wrong. It was a big success—the place rocked, and it was packed. I was at first skeptical about the new London fair, Masters, which ran simultaneously with Frieze in another tent, across Regent’s Park: why would a company cannibalize its own business by running two fairs in the same town at the same time? The stated charter included only a subtle difference between the venues: “old” Frieze (now called Frieze London) shows only newish work, whereas new Frieze (Frieze Masters) is limited to “oldish” art. The criterion for “old” seemed pretty random: the work merely had to predate the year 2000, meaning in order to qualify for inclusion, it only had to be 12 years “old”!

You may recall that London already has a modestly successful fair for older and more expensive art that runs concurrently with Frieze, the two-year-old PAD (Pavilion of Art and Design), located conveniently in Berkeley Square. No matter, the Frieze duo forged ahead and hooked up Masters with a whopping 175 of the world’s top galleries, easily dwarfing the two-year-old PAD and creating a fantastic new art fair experience, arguably the best I’ve ever seen. Pace Gallery had a $17 million early black mobile by Alexander Calder that was drop-dead, and Helly Nahmad rivaled it with his own colorful 1960s Calder mobiles fancifully twirling to a ’60s bossa nova soundtrack, one of them priced at $20 million. I got to ogle a sumptuous 16th-century portrait of Jesus by Luis de Morales at Madrid’s Galería Caylus, priced at 250,000 euros, and then swoon over Donald Ellis Gallery’s Navajo chief’s blanket, arguably the finest in the world (the ultra-rare first phase), justifiably priced at $2.5 million; now that’s fun. Frieze Masters was an unqualified success, another feather in the cap of the British franchise, and a considerable feat.

But what does Masters mean in the grand scheme of things—and what does all of this say about the market today? Remember the story of the Greek god Kronos, king of the Titans. He came to power by castrating his father, Uranus, and then, fearing his own children (the Olympians) were destined to do the same to him, he ate them (Zeus was spared and eventually overthrew him, fulfilling the prophecy). Like Kronos, Frieze Masters has castrated its father—this year’s Frieze, newly dubbed Frieze London to distinguish itself from its younger New York sibling, logically lacked the energy and testosterone of prior Frieze fairs. It was crowded with art and people but lacking in quality, although, to be fair, there were hidden treasures. Why would the Frieze founders jeopardize their successful franchise by creating a fancier and more mature version of the same thing? Going forward, collectors will demand a higher-quality experience—more bang for their art fair buck—and the new Masters fair delivers the goods. This is not a bad thing; now the Frieze London fair can keep to its original course and stay true to its commitment to be younger and, hopefully, edgier.

 

In a sinking world economy, dollars will, in all fields, seek out the best values. The feeding frenzy and knee-jerk hunt for the hot, the new and the trendy will not come screeching to a halt, but it is definitely slowing down. Art collectors are bound to get smart and demand quality. Frieze has anticipated this shift and built an all-new venue, one that is both elegant and sophisticated. The decision to emasculate your own art fair by creating a new one must have been a tough one, but in the clash of the titan art fairs it was a smart bet, and it paid off. Frieze Masters could also work well in New York, where fairs of historical art are generally to be found in the fustier confines of the Park Avenue Armory. I hope to “see you real soon”!

-By Adam Lindemann

"Monet Along the Runway" @nytimes @NYTimesfashion #fashion #Paris Fashion Week

JUST in time for Paris Fashion Week, the Musée d’Orsay opened “Impressionism and Fashion,” an expansive exhibition examining the depiction of contemporary dress in paintings and portraiture in the second half of the 19th century, when fashion here became both a booming industry and a leisure pursuit.

The show, a collaboration with the Metropolitan Museum of Art and the Art Institute of Chicago, includes paintings and costumes and will travel stateside next year. But it is best seen here and now to spot unexpected parallels between the subject matter of the Impressionists, from roughly the 1860s to the 1880s, and that of the street-style photographers who document the exotically dressed creatures outside the fashion shows across the Seine in the Tuilleries.

It is the same as when Baudelaire described “the daily metamorphosis of exterior things,” only instead of the changing shape of bustle skirts, as the pouf derrière became wider in the 1870s and more decorative in the 1880s, the photographers document the exaggerated round shoulders of a Comme des Garçons coat in the 2010s. The thought occurs, while regarding a painting of a man holding an umbrella, standing just so in the bright daylight, that perhaps Claude Monet was The Sartorialist of 1868.

Visiting the exhibition with the Times photographer Bill Cunningham, we were fascinated by the clever staging of the show, with portraits arranged in galleries that are filled with gilded chairs, as if for a défilé. Place cards tied with tiny ribbons to each seat were inscribed with the names of guests. Charles Frederick Worth was seated between Mademoiselle Marie Duplessis and the Comtesse Clotilde Bonaparte.

The incorporation of fashion was thrilling, with a case of hats placed next to the millinery paintings of Degas, and a display of intimates laid out before “Rolla,” a painting by Henri Gervex that shows a naked woman asleep, observed by a man standing at a window.

As we entered the final gallery, designed to evoke Monet’s park settings with walls painted sky blue and the floor covered with a carpet of fake grass, Bill saw a group of children in schoolboy blazers sitting on the ground, and some tired tourists relaxing on a bench, and said, “Now that’s a picture.”

-By Eric Wilson

“Dots, Stripes, Scans” @nytimes

The Whitney Museum has a hit on its hands: a beautiful show organized by a young curator that makes a cogent case for the work of a young artist. In a season when many New York museums are devoting a lot of energy to the past, the Whitney’s survey of work by Wade Guyton stands out as a cause for optimism. Yes, interesting art is being made here and now. And yes, there are serious ways that museums can present this art that are beyond the scope of even the richest commercial galleries.

Like many artists Mr. Guyton, who is 40, is both a radical and a traditionalist who breaks the mold but pieces it back together in a different configuration. He is best known for austere, glamorous paintings that have about them a quiet poetry even though devised using a computer, scanner and printer. The show is titled “Wade Guyton: OS,” referring to computer operating systems.

Uninterested in drawing by hand, much less in wielding a paintbrush, he describes himself as someone who makes paintings but does not consider himself a painter. His vocabulary of dots, stripes, bands and blocks, as well as much enlarged X’s and U’s and occasional scanned images, combines the abstract motifs of generic Modernism and the recycling strategies of Andy Warhol and Pictures Generation artists like Richard Prince and Sherrie Levine.

One of his principal themes, which he endlessly cites and parodies yet reveres, is Modernism as an epochal style of art, design and architecture that permeates our culture from the artist’s loft to the corporate boardroom. Another is modernity as an inescapable current condition, personified in his case by his adaptation, as just another kind of paintbrush, of the digital technology that pervades our everyday lives.

While clearly not made by hand, his works are noticeably imperfect. The paintings in particular clearly tax the equipment that generates them; they emerge with glitches and irregularities — skids, skips, smears or stutters — that record the process of their own making, stress the almost human fallibility of machines and provide a semblance of pictorial incident and life.

The line between what the artist has chosen and what technology has willed is constantly blurred. For one thing, to achieve paintings of substantial width, Mr. Guyton must fold his canvas and run it through the printer twice; this gives nearly every image halves that are rarely in sync. You will notice this right off the elevator, where the exhibition’s first wall features five paintings of oddly off-register images of flames, each punctuated by large, often fragmented U’s. Even more emphatic discrepancies are apparent in an extended eight-panel work in which thick black horizontal bands alternating with white ones skittishly slant every which way but level; their jangling patterns form a rhythmic, slow-motion Op Art.

The Guyton show has been organized by Scott Rothkopf, a 36-year-old Whitney curator who has also written a convincing if overlong catalog essay illuminating this artist’s development, and he plotted, in collaboration with Mr. Guyton, a brilliant installation. More than 80 works are on view, mostly paintings but also computer drawings and a few sculptures. Dating primarily from the last decade, they are displayed on and among a series of parallel walls, some quite narrow. As you move around, works seem to slide in and out of view, like images in different windows on a computer screen. The changing vistas reveal the artist’s motifs migrating restlessly from one scale or medium to another. The U’s from the fire images are extruded into three dimensions in a group of 17 sculptures of mirrored stainless steel in 10 different sizes. Placed in a tight row they form the show’s one instance of physical perfection and suggest an irregular sculpture by Donald Judd but are in fact individual works, temporarily brought together.

Born in Hammond, Ind., Mr. Guyton absorbed the critical theory of the 1970s and ’80s as an art major at the University of Tennessee in Knoxville before seeing much art. And according to Mr. Rothkopf’s essay Mr. Guyton still enjoys looking at paintings in books as much as at the real thing, intrigued by the ways photographs alter and distort them. He came to New York in 1996 to attend graduate school at Hunter College, and his first exhibited works here were sculptures that evoked an ersatz Modernism, most effectively in pieces casually executed in smoked and mirrored plexiglass.

In 2002 he began appropriating images by a method more direct than his Pictures Generation elders. Instead of rephotographing photographs, he simply tore illustrations from books or auction catalogs and ran them through his printer, superimposing lines, X’s, thick bands or grids on their images. In one drawing here two dark yellow X’s printed on an image of a modern kitchen perfectly match a cabinet, suggesting that color-coordinated abstract art is essential to a stylish home. In another, a series of thick horizontal bars partly obscure an old half-timbered building whose geometric patterns are structurally necessary, not decorative.

By 2004 Mr. Guyton was enlarging these motifs and printing them on canvas, making paintings that are rife with ghosts. His black monochromes evoke Ad Reinhardt and the Black paintings of Frank Stella (especially when the printer goes slightly awry and starts imposing white pinstripes). His more diaphanous gray ones can summon Mark Rothko’s veils of color, while paintings featuring the blunt, fragmented X’s can summon more Stella Minimalist sculpture or eroding corporate logos.

A field of red and green stripes scanned from the end papers of a book conjures the work of Color Field abstractionists like Kenneth Noland and Gene Davis as well as Christmas wrapping paper. They first appear in two vertical paintings exhibited side by side, where they are printed in similar scales but with quite different results in tone and texture. In both paintings two large black dots in the wide white margin above the stripes lend a clownish air.

The same stripes appear again, in something close to their original scale, in several computer drawings that are sandwiched between plexiglass in a big four-square frame that mimics both a window and a canvas stretcher. (They mask images of a Stella aluminum stripe painting and sculptures by Naum Gabo and Anton Pevsner.) And the stripes culminate in one of the show’s grander moments, running horizontally and much enlarged across two immense paintings — one 50 feet long, the other nearly 30 — that cover most of the north wall of the gallery. Here they seem extravagant and bold, yet they also resemble large bolts of fabric, unrolled, with the starts and stops of the printer creating trompe l’oeil folds. Up close you encounter another digital mystery. The extreme magnification creates an illusion of two kinds of textile: the green as a twill pattern, the red as tweed fuzzy with little orange dots.

In what seems to be a typical Guyton touch the big-statement grandeur of these works is played down. They seem to be deliberately crowded by “Drawings for a Large Picture,” which consists of 85 unframed computer drawings displayed in nine vitrines lined with eye-popping blue linoleum. The drawings are casually arranged — laid out in rows, piled in corners — suggesting the constant flux that is the natural condition of images in our time.

-By Roberta Smith