In the current financial crisis, when stock market indexes are
falling and the only certain thing in the capital market is
uncertainty, investors are paying more attention to art, which in
addition to their artistic value, can provide a relatively high
rate of return.
Growing demand on the art market results not only in higher
prices, but also greater incentive to increase the number of works
available on the market. One of the most popular and secure
ways to purchase artworks is provided by auction houses or antique
shops. Security measures concerning such type of transactions
are ensured by professional art experts. They confirm whether
particular artwork is genuine, as well as carry out its
appraisal. Despite this immense responsibility, there has been
an increasing number of cases in the recent decade showing that art
experts do not perform their duties in a proper manner. These
cases enhance discussion on more accurate regulation of artwork
trade and the role of art experts. Below are the
best–known cases from the Polish art market:
- In 2008, the media reported that the National Museum in Gdansk
purchased a counterfeit painting by Wyczółkowski
for PLN 80,000 with expertise provided by Prof. Jerzy
Malinowski. When the case was disclosed, the museum ordered
another expertise from Prof. Dariusz Markowski. Basing on
chemical test results he certified that the painting was
counterfeit.
- In December 2007, the police seized a fake painting by Jan
Cybis with a value was estimated at PLN 30,000 . Authenticity of
the artwork was questioned by the painter's son, Dr. Jacek
Cybis, who disagreed with the positive expertise of Dr. Hanna
Bartnicka–Górska.
- In May 2000, Mariusz Jańczuk bought a fake painting by
Moses Kisling - "Boy sitting on the chair" for PLN
150,000, which, as stated in a professional expertise from the
"Polswiss Art" auction house, was genuine. Its
authenticity was questioned by Kisling's son and the case was
brought to court.
- In March 2001, Dr. Łukasz Kosowski, an art expert from
the same auction house, confirmed authenticity of the Henryk
Siemiradzki painting - "Salome" which eventually turned
out to be a forgery.
- In 2005, journalists from TVN (a TV station) and "Rzeczpospolita" (a newspaper) prepared a sting against two art experts: Dr. Irena Kossowska and Dr. Łukasz Kossowski. With the approval of a well-known Polish artist, Franciszek Starowieyski, they hired a young painter to create a fake painting by the artist. Experts not only approved the painting, but determined its age at 46 years and also estimated its value at PLN 3,200 .
These examples exposed serious problems that significantly
affected certainty and security measures on the Polish art
market.
First of all, it is crucial to emphasize that substantive
requirements for a candidate art expert are vague and give rise to
reasonable doubt. As a matter of fact, almost anyone can be an
art expert. Moreover, experts are neither obliged to have
liability insurance nor assume any responsibility for their
decisions. In such cases as presented above, it is often an
auction house that bears responsibility for an incorrect
expertise.
Secondly, art experts should be aware that their activity is also
examined by deontological norms. Many combine work as an art expert
with museum employment. It is therefore necessary to point out
that section 8, paragraph 13 of the Professional Ethics Code of the
International Council of Museums (ICOM) explicitly states that
persons employed in museum should not undertake other paid
employment or accept outside commissions that are in conflict with
or which may be viewed as being in conflict with museum
interests. In fact, one could argue that presented practices
are perceived to be damaging to a museum or the profession as well
as matters of professional ethics.
Recent scandals intensified discussions among members of the
Association of Polish Antiquarians, which resulted in adoption of a
resolution on the procedure for selecting art experts. Its
provisions stipulate that the Association will appoint experts upon
official request of its member with a recommendation from two other
members.
Although these changes shall be perceived positively, it is hardly
possible to change a negative trend without significant regulation
of the art market. In such conditions art is not always a good
investment, but will always remain a matter of taste and personal
preferences.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.