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Am I buying an "original" work of art?

Vasarely's serigraphy

Am I buying a reproduction or an original? What is the appropriate terminology to use? It is useful to recall what the regulations say about how to describe works of art in an inventory in public sales rooms .

How do we distinguish the subtle ways of describing "authentic" or "almost" original works? 

Maître Aude CEYSSON, auctioneer, sheds light on the legislative interpretation in force in our country.

The "Marcus" decree on works of art

The Decree "known as Marcus of March 3, 1981 is one of the reference texts of the art market.
It is a real tool written at the beginning to fight against the fraud as regards transactions of works.
It imposes to the professionals a rigorous description of the art objects proposed to the sale.
This text protects the buyers. The legislator requires the use of a very precise terminology as for the description of the objects.

  1. If you read the following expressions: "in the taste of", "style of", "manner of", "genre of", "after" and "manner of", they do not confer any particular guarantee. Indeed, this way of expression does not allow to "make a link with the identity of the artist, the date of the work, or its school" according to Article 7.

     

  2. Lhe signature or stamp of an artist guarantees that the artist mentioned is indeed the author. Except reservation on the authenticity of this signature, we can say that the work is indeed an original.

     

  3. The same effect applies to the use of the word "by" or "of" followed by the designation of the author. Clearly, the name of the artist is immediately followed by the designation or title of the work, according to Article 3. If we write that the work is "of" or "by" followed by the name of the artist", it means that the work is indeed original.

The mentions to be specified concerning the authenticity

  1. The art market professionals must therefore use a precise and clear description of the works of art for sale. That is why the description of these objects must be accurate. A The methodology of the description follows a conventional order. Generally we start with the name of the author, then the materials used, the techniques, the condition of the object and finally the time of production.

     

  2. This decree also requires the seller to issue an invoice to any buyer. This can also be in the form of an adjudication slip or a receipt or an extract of the minutes of the public sale. These documents must include all the above-mentioned information. That is to say that you must find several information. The name of the author and the nature of the composition are added to the indications on the age of the work. In case of non respect of these rules, the professional responsibility of the seller could be engaged.

Three examples 

  • If you buy a design "aattributed to" Henri Matisse, Flowers, paper, 15 x 20 cm. It should be understood that the work was probably realized during the period of production of the mentioned artist. Presumptions the author as the likely author (Article 4).

     

  • If you buy a work indicated "French School of the XVIIIth century, Landscape, oil on canvas, 50 x 40 cm". In this case, it should be understood that this painting is from the XVIII century but we do not know the author.

     

  • Finally, if you buy a Louis XVI style chest of drawers, opening with three drawers, marble top, 100 x 60 x 90 cm. Chis chest of drawers is not from the Louis XVI period but later. It can even be made in the year of your purchase.

     

In conclusion, this Marcus decree allows you to know a little more about your rights.

We advise you to turn to professionals who respect all these rules. To guarantee you, the seller's professional liability insurance could be called into play if it turns out by mistake that you bought a copy instead of an original.

 

copy of a 16th century drawing
Copy of a 16th century drawing
Unsigned sculpture
Unsigned sculpture