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VUE | Summer 2020

The Digest | New Jersey Magazine

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Do your "homework." Research the artist, their specific works that interest you, and where the work is sold on-line. Is the artist established or emerging? Have other or similar works by that artist been sold, and at what price? Is the online site an established gallery, fair or auction with a history of buying and selling fine art? How well do they display and describe the art? Who is actually selling the work – is it the artist, a gallery, a dealer, a consigner or private owner through its own or a third-party site? Is the work signed and authenticated? If it's not an original, how is it reproduced – what is the medium and process? If not an original work, is it part of a limited edition or one of a series and how many were produced? Artnet.com is an auction site as well as an extensive online database for information on contemporary artists, and prices paid for sold works. If you're buying from an established and reputable online art gallery or dealer, such as Saatchiart. com or Artsy.net, an art fair or auction house, such as Sotheby's, Christie's or Artnet.com, they oen do considerable research about an artist and vetting of a work in addition to providing information and guidance about a listed work including its authenticity and condition. ese dealers provide detailed terms of sale, policies for making a purchase and recourse available to a buyer who is dissatisfied with a purchase. Don't deal with an online retailer that does not allow you to ask questions. You should know about provenance, taxes, shipping, and returns, and insurance and insurability, even if buying from an established online retailer. Research the Provenance of the Work. "Provenance" is from the French word provenir, which means "to come from" and refers to the history of ownership and exhibition of a valued work of art or antiquity. Due diligence is vital for high-priced works and antiquities. Fakes and forgeries exist and can be easily passed off as authentic on the Internet. A full provenance provides a documented history that can help prove ownership, assign the work to a known artist, and establish authenticity which is vital to a work's market and re-sale value. e Art Loss Register (http:// www.artloss.com/en) is the world's largest online database of stolen art and a great resource to begin researching the provenance of a work, particularly works by old masters or historically well-known artists. An established online art retail or auction site should be able to provide documented provenance information upon purchase as well as offer a guarantee or return policy for the work if it turns out to be a forgery, stolen, or has a lien on its title. As for ownership, it is important to make sure the work of art is being sold free and clear of all claims and liens by the true owner of the work. A buyer can run an online Uniform Commercial Code search to see what, if any, liens or encumbrances may exist on the work and can also request representations and warranties as part of any sale documentation attesting to clear title. If you are considering a contemporary work of art, the seller or her agent should provide considerable information on the artist, the medium of the work and its authenticity. e work may be newly offered with little ownership history, but you will want to have a certificate of authenticity that is signed by the artist and carefully consider the site's return and/or warranty policies, if any. Antiquities that are stolen, illegally excavated or exported from a country are not known until they surface and are reported to be illegally obtained. Be cautious and do your own diligence when considering an antiquity. Work with reputable and experienced online antiquities sellers to lessen your risk of buying a fake or forgery. A reputable online seller should provide reliable information on the provenance of the antiquity and minimize your risk through their own research and vetting process, as well as provide a guarantee or return policy that will refund the purchase price if it's a forgery or if the title is challenged. Also, note the information disclosed on the condition of the item and, if not offered, request a condition report with full disclosures. Be wary of purchasing from a site that does not provide or offer information on the provenance of work, particularly if it's an antiquity or a work by a deceased artist. Consider carefully whether you will want to purchase a work if you cannot find credible information on its provenance. You may love it, and decide to proceed but realize that it may have little re-sale value, and you may have little to no legal recourse in the absence of fraud against the seller if you purchased it without checking and verifying its history. An example is a lawsuit involving esteemed film director Steven Spielberg and his purchase of the Norman Rockwell painting "Russian Schoolroom." Spielberg was accused of purchasing a stolen V U E N J . C O M 153

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