"Family Seeks Return of a Matisse Seized by the Nazis" @NYtimes

The heirs of a French art dealer are demanding that a Norwegian museum return one of its featured paintings, a Matisse that was confiscated by the Nazis in 1941 in Paris.

 

The family of Paul Rosenberg, a prominent Parisian gallery owner, has documents showing that the painting, known as “Woman in Blue in Front of Fireplace,” or “Blue Dress in a Yellow Armchair,” was among those in the possession of the Luftwaffe chief Hermann Goering in 1942. The documents include a long list, stamped with Goering’s initials, itemizing artworks taken from Mr. Rosenberg’s vault

 

But the museum, the Henie Onstad Arts Center, founded in 1968 by the Olympic skating champion Sonja Henie and her husband, the shipping magnate Niels Onstad, says Mr. Onstad bought the painting in good faith more than 60 years ago, giving the center ownership rights to the work under Norwegian law. The law requires a minimum of 10 years’ possession.

The museum, outside Oslo, said it did not know the painting had once been Nazi plunder, but it does not contest that, in light of the evidence. It says that it is continuing to negotiate with the heirs and to study the work’s provenance, and that it will discuss the family’s request at a board meeting next month.

“We need to investigate this matter properly,” said the museum’s director, Tone Hansen. “It is too early to draw any conclusions. We are in dialogue with the family and will continue to be so.”

She added, “This case has other aspects than pure legal aspects that have to be taken into consideration.”

The Rosenberg family became aware of the Matisse’s location last summer, when the Art Loss Register, an art-recovery company that had put the painting on its list of missing artworks, noticed that it was on loan to the Pompidou Center in Paris. The museum and the Rosenbergs have been negotiating quietly since.

Museum officials met twice with family representatives, first in Norway and then in New York. Marianne Rosenberg, a New York lawyer who is a granddaughter of Paul Rosenberg and took part in the second meeting, said a museum official offered to help resolve the matter by placing a plaque next to the Matisse, acknowledging that Paul Rosenberg had owned it. The family rejected the offer, she said.

A museum spokeswoman said she could not comment on the talks.

The Matisse was painted in 1937, the year Mr. Rosenberg bought it. According to documents gathered from Nazi files, as well as records kept by Mr. Rosenberg and his heirs, it was one of about 160 works that German soldiers were sent to seize from the Rosenberg Gallery’s vaults as part of a widespread confiscation of art owned by Jews.

“This is the most well-documented claim I have ever seen,” said Christopher A. Marinello, a lawyer and the director of the Art Loss Register.

By 1942, the painting was in the hands of a Paris collector, Paul Pétridès. In 1949, museum records show, it was in the possession of Galerie Bénézit of Paris, from which, museum officials said, Mr. Onstad bought it in either 1949 or 1950. Mr. Marinello said that a lawyer for the museum, Kyrre Eggen, informed the Rosenbergs that the museum was researching whether it was possible that Mr. Rosenberg, who returned to Europe after the war in an effort to recover his property, took part in a transaction involving the painting before its purchase by Mr. Onstad.

Marianne Rosenberg called the museum’s theory “complete and utter fiction.”

“Our family was deeply affected by the war,” she said, “and we do not make frivolous claims, and that assertion is frankly insulting.”

The museum said it had never tried to hide its ownership of the painting, which it has lent to several European museums.

Ms. Rosenberg said it was not surprising that her family had not discovered the Matisse earlier, given that it has been busy for decades trying to recover more than 400 items looted by the Nazis and scattered around the world.

“The onus is not on the claimant to have to go scooting around looking in every catalog and small museums hunting for their stolen art,” she said.

The Matisse is among the prized possessions of the arts center, which has two Picassos, two Matisses and works by Miró, Klee and several dozen other prominent Modernists that it refers to as its “core collection.”

The museum’s initial collection was largely the artwork given it by Henie and Mr. Onstad. Henie, who won gold medals in Olympics figure skating in 1928, 1932 and 1936 before becoming a Hollywood star, died in 1969. Mr. Onstad died in 1978.

 

http://http//www.nytimes.com/2013/04/06/arts/design/rosenberg-family-asks-norwegian-museum-to-return-a-matisse.html?ref=arts&_r=0

"Richard Artschwager, Painter and Sculptor, Dies at 89" @nytimes - George Lindemann

Richard Artschwager/Artists Rights Society (ARS). Photograph by Ben Blackwell

Richard Artschwager with his “Door },” from 1983-84.

 

 

The death also followed by less than a week the closing of a career retrospective of Mr. Artschwager’s work at the Whitney Museum of American Art in Manhattan, his second to be mounted there. He lived in Hudson, N.Y., in Columbia County.

At a time when most artists worked in clearly determined styles, Mr. Artschwager slyly confounded the usual categories. His most famous sculpture, “Table With Pink Tablecloth,” from 1964, is something of a cross between Pop Art and a Minimalist cube by Donald Judd: a box neatly veneered with pieces of colored Formica to create the image of a wooden table with a square pink tablecloth draped on it.

Mr. Artschwager went on to produce variations on the forms of chairs, tables, doors and other domestic objects in styles ranging from severely geometric to surrealistically distorted.

In the late 1960s, he invented an abstract form he called a “blp,” a small, black, oblong shape that he would recreate in various materials and install in unexpected places to punctuate, mysteriously, gallery and museum spaces. He also placed dozens of “blps,” in the form of reliefs, stencils or decals, outside museums for viewers to go hunting for or stumble upon. Some are to be found on the elevated High Line park in Lower Manhattan near the site of the Whitney’s future home.

Mr. Artschwager’s paintings were often paradoxical. He painted black and white copies of found photographs — group portraits, pictures of buildings and other anonymous images — on textured Celotex panels, a common building material. Ostentatious frames made of painted wood, Formica or polished metal were usually part of the total piece.

He once said: “Sculpture is for the touch, painting is for the eye. I wanted to make a sculpture for the eye and a painting for the touch.”

Richard Ernst Artschwager was born on Dec. 26, 1923, in Washington. His father, a German immigrant, was a botanist, trained at Cornell University; his mother, a Ukrainian immigrant, was an artist who studied at the Corcoran School of Art in Washington and at the National Academy of Design in New York. In 1935, the family moved to Las Cruces, N.M., a better climate for the artist’s father, who had tuberculosis.

Like his father, Mr. Artschwager studied at Cornell, concentrating on mathematics and sciences, though he was deeply interested in art. Before completing his degree he was drafted into the Army in 1944 and saw combat in Europe, suffering a slight wound at the Battle of the Bulge. Afterward he was assigned to counterintelligence in Vienna, where he met and, in 1946, married his first wife, Elfriede Wejmelka.

Back in the United States after the war, Mr. Artschwager completed his bachelor’s degree at Cornell but soon, with his wife’s strong encouragement, decided to become an artist. He moved to New York and began attending the Studio School of the painter Amédée Ozenfant, who, along with Le Corbusier Foundation in Paris, had founded a form of late Cubism called Purism.

By then the couple had a child, and Mr. Artschwager supported his family as a bank clerk and then a furniture maker.

In the early ’50s he stopped making art and went into business building furniture until a fire destroyed his workshop in 1958. Resuming art making, he had his first exhibition — of paintings and watercolors of Southwestern landscapes — at the Art Directions Gallery in New York.

In 1960, an exhibition of assemblages by the sculptor Mark di Suvero inspired Mr. Artschwager to begin using his woodworking skills to make his own sculpture. A year later, a photograph picked up on the street prompted him to start making paintings based on black and white photographs.

A big break came when he sent, unsolicited, a note and slides to the Leo Castelli Gallery, New York’s leading showcase for new art. The gallery quickly took him on for a group show that included Roy Lichtenstein, Jasper Johns and Andy Warhol. He remained with Castelli for 30 years.

It was at the Castelli gallery, in 1965, that Mr. Artschwager had the first show of work that was recognizably his own. During the ensuing decades he participated in many important international exhibitions, including the Venice Biennale and Documenta, in Kassel, Germany.

The Whitney produced its first Artschwager retrospective in 1988-89. It later traveled to San Francisco, Los Angeles, Madrid, Paris and Düsseldorf. His last solo exhibition with Gagosian Gallery was last fall at its branch in Rome featuring sculptures of pianos.

“Early and late, his work stood out for its blunt, mute weirdness,” Holland Cotter wrote in The New York Times in reviewing the recent Artschwager retrospective at the Whitney. A 1963 sculpture, “Portrait II,” for example, resembles a bedroom dresser with no drawers and a sheet of Formica where a mirror might be. The table in “Table Prepared in the Presence of Enemies” (1993) “looks like a low-rise guillotine,” Mr. Cotter wrote.

He added: “Violence is implicit in a lot of Mr. Artschwager’s art, which may be the most intriguing thing about it, the element that gives bite to what would otherwise pass for Magrittean whimsy.”

Mr. Artschwager’s political views were less apparent. In 2003, he painted three identically framed portraits, of a blank President George W. Bush, a smiling Osama bin Laden and a grim-looking one of himself. “Each painting looks cracked, creviced and soiled, as if just dug up from rubble,” Mr. Cotter observed.

Mr. Artschwager was married four times, the first three marriages ending in divorce. In addition to his wife, the former Ann Sebring, he is survived by his daughters Eva Artschwager and Clara Persis Artschwager; a son, Augustus Theodore Artschwager; a sister, Margarita Kay, and a grandson.

David Nolan, whose Manhattan gallery has shown drawings by Mr. Artschwager, said the artist had recently exhibited new paintings and works on paper that he created on a return to New Mexico, inspired in part by the colors of the landscape there he had known so well as a boy.

 

William McDonald contributed reporting.

 

This article has been revised to reflect the following correction:

Correction: February 10, 2013

 

An earlier version of this obituary misstated the date of Mr. Artschwager’s last solo exhibition with the Gagosian Gallery. It was held last fall, at its gallery in Rome, not in 2008.

"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.

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

"Miami Art Museum donations on pace with building" @Miamiherald

Miami Art Museum officials are more than halfway to their goal of raising millions in private donations for their new waterfront home.

Seeing is believing for donors to the new Miami Art Museum now under construction alongside Biscayne Bay in downtown’s Bicentennial Park.

With elevated platforms resting atop columns, a trellis-like roof, and a grand staircase that opens onto the water’s edge, the MAM building designed by the Swiss firm of Herzog & de Meuron has generated enthusiasm among architectural critics and museum officials alike.

Lately, MAM director Thom Collins said, that sense of excitement has spread to the museum’s benefactors.

As workers give shape to the museum’s Stiltsville-inspired design, donations to the building campaign are on pace to meet the promise made by museum trustees to raise $120 million in private funds to offset the costs of construction and future operations, he said. More than half has already been pledged.

“People don’t get on board until they see things,’’ Collins said during a recent tour of the construction site. “We’re well within $2 million of finishing the bricks and mortar fundraising.’’

Collins said he is much more relaxed these days than he was last December, when it was announced that upon completion of the building in fall 2013, MAM would be renamed the Jorge M. Perez Art Museum of Miami-Dade County, or PAMM for short, in exchange for a donation of $35 million from the Miami real estate developer.

The community response was divided among those who congratulated the museum and Perez on the generosity of his gift, and those who criticized the name change for giving one person all the credit for a museum built largely with public money approved by Miami-Dade voters in 2004.

In fact, MAM will need even more public support when the new building opens because operational costs are projected to more than double from the present $4 million a year to about $10 million. Currently, MAM relies on about $2 million a year in public funds to cover the costs of exhibitions, educational programs and staff.

Many warned that the museum’s name change would hurt future private donations, which help offset those operating costs, by sending the unintended message that the institution is taken care of.

“Bringing money in is going to be harder,’’ said Miami collector Carlos de la Cruz, who along with his wife, Rosa, runs the De la Cruz Collection Contemporary Art Space in the Design District. “I think that’s incontrovertible.’’

But nearly one year since the announcement, said MAM’s board chairman, Aaron Podhurst, the fundraising campaign is riding the momentum of its unmistakable landmark rising from the ground.

“Now we’re getting excitement,’’ he said, “and we’re trying to get some of the big gifts in.’’

Yet the work of fundraising for any cultural nonprofit, he added, “never stops.’’

The guaranteed maximum price for MAM’s new building is $131 million, Collins said, but the total price tag on the project, including an endowment to ensure its future operations, is about $220 million.

Public money from a general obligation bond approved by Miami-Dade voters in 2004 will pay $100 million of that cost. Museum trustees pledged to raise an additional $120 million in private donations, including $31 million to offset construction costs, $70 million for an endowment to ensure future operations, and $19 million for transitional expenses.

Collins said MAM trustees have raised about $70.5million in pledges to date, and about $33.5 million of that sum has already been paid.

The remainder will be raised in the months leading up to the museum’s scheduled opening next year — and beyond, Podhurst said.

With much of the museum’s share of construction costs already raised from private sources, Podhurst said, MAM officials are now focused on building the endowment.

“The key for the next year and a half is to get the endowment as high as we can get it,’’ he said, “so we can really do some great operational programming.’’

Museum trustees made a number of promises to ensure that the new building does not run into the same cost overruns and delays that plagued the Adrienne Arsht Center for the Performing Arts, which cost nearly $500 million to complete and experienced numerous delays before opening in 2006.

“After the performing arts center, I think that this community was really gun shy, as I can understand,’’ said Rose Ellen Meyerhoff Greene, vice president of the museum’s board of trustees.

But Greene said museum trustees — nearly all of whom pledged gifts to the campaign — have taken a personal interest in ensuring that the new building comes in on time and on budget.

“If you’re building your own home, you hire an architect; you hire a contractor; and then you watch every light socket put in the home,’’ she said. “That’s how we’ve treated this project.’’

Among the most important commitments made by MAM trustees was management of the building’s design and construction, which ensures that any cost overruns will be paid for by the museum and not the public.

“Those are written assurances,’’ said Michael Spring, Miami-Dade’s cultural affairs chief and one of the principal public officials overseeing the project.

Spring said museum trustees signed a contract promising to raise $120 million in private donations, though there is no timetable specified for raising the funds.

If MAM fails to meet those fundraising goals, then museum trustees and benefactors will be expected to make up the difference, Spring said.

Miami-Dade and the city of Miami, which contributed about $2.8 million in bond funds to the project plus the land for the building, exercise some oversight of the project. For instance, all project costs are paid first by MAM, then submitted for reimbursement to the county and city.

Public officials also receive updates on the project through monthly meetings with museum officials, and annual reports required for receipt of bond monies.

But much of the responsibility for the project’s success rests with museum trustees.

With their own skin at stake, Collins said, museum officials have hired teams of consultants to help manage construction costs, and to gauge future operational expenses.

“We have spreadsheets, and spreadsheets, and more spreadsheets,’’ Collins said. “We really feel confident we have a handle on it.’’

According to the museum’s projections, operating costs for the new building will more than double from the current $4 million a year to about $11 million annually.

Some of that additional operating cost may be borne by the county, which already contributes about $2 million a year to the institution. But county officials have not yet made a commitment to increase funding of the museum.

“It’s inevitable that the budgets for bigger buildings will be bigger,’’ Spring said. “We understand that, but we can make no guarantees that the county can do anything more than what we’re doing now.’’

Podhurst said MAM trustees have not yet asked the county for increased public support, but he enthuses over the opportunities for generating income in ways the museum’s current home in the Miami-Dade Cultural Center cannot.

“We expect to make a lot of money in our predictions on rentals on weddings and bar mitzvahs and parties, and all that kind of stuff, because they’re beautiful spaces,’’ he said. “It’s one of the most gorgeous spots to be on the water.’’

Still, Collins makes it clear that MAM will be looking to county leaders to increase annual support of the museum, as well.

“We have to grow funding through every revenue stream,’’ he said, “but everything has to grow: government funding, private support, earned income.’’

MAM’s fundraising campaign took an unexpected turn in December when the museum announced Perez’s donation of $35 million in cash and art.

MAM trustees voted to accept Perez’s gift and the museum’s renaming by a 46-4 vote, but the news also triggered a backlash.

Four members of the museum’s board of trustees resigned, including past president Mary Frank., who with her husband Howard Frank, chief operating officer and vice chairman of Carnival Corp., vowed to stop paying on their $1 million pledge. Carnival Corp., which had pledged $5 million to the museum, also reneged.

The Franks paid $417,791 of their pledge, MAM officials said, and Carnival Corp. paid $1.5 million.

The museum does not plan to return those gifts, said Tracy Belcher, a MAM spokeswoman.

Yet while some donors have severed ties with the museum over the change, the renaming also has helped open new doors for MAM.

“The Jorge Effect was really positive and fantastic,’’ said Collins, the museum’s director, “because he’s given us access to people we otherwise wouldn’t have talked to.’’

Ranked the 360th richest person in America by the October issue of Forbes magazine, Perez, 63, has a personal fortune estimated at $1.2 billion — and he travels among a broad circle of influential friends.

His gift to MAM, divided into $20 million cash and $15 million in art, was meant to lead by example, Podhurst said.

Perez has paid $6.5 million of the cash pledge to date, Podhurst said, and he is scheduled to pay an additional $3.5 million in January. The remainder of his cash pledge — $10 million — will be paid in installments by 2022.

The art, however, is already in hand.

Collins and MAM’s chief curator, Tobias Ostrander, recently hand picked the works from Perez’s personal collection. Those works have been appraised by Christie’s, the art auction house, and their value is greater than the pledged amount of $15 million, Podhurst said.

In a video interview posted on Forbes.com, Perez said his commitment to MAM is now closer to $40 million.

But he doesn’t mind.

“I want the best pieces to go to the museum,’’ he told Forbes.

Among the donors whom Perez brought on board for the museum’s campaign is a fellow member of the Forbes 400: Number 83, Stephen Ross, the billionaire owner of the Miami Dolphins.

Though Ross sits on the boards of some of New York’s most prestigious cultural institutions, including the Guggenheim Museum and the Lincoln Center, he had not taken an active role in MAM’s capital campaign until his longtime friend, Perez, asked.

Ross, a real estate developer who is founder and chairman of the Related Companies, said he and Perez are friends and business associates dating back to 1979.

“Knowing that’s important to him, I gave it in his honor,’’ Ross said of his gift to MAM. “Jorge told me how important it was, and asked if I would be interested in giving. It wasn’t a hard sell, if you know what I mean.’’

"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