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Still Learning….
30May
2013

(this post is a reprint from my wordpress.com blog dated June 20th, 2012)

Okay – so I’m really supposed to be working on the certificates of authenticity that will accompany my sculpture to Turpin Gallery in Jackson, WY.

I came across an article stating that these documents are of little to no consequence and that artists should, in fact register with the Fine Art Registry to ensure that works are appropriately catalogued and if you want a certificate of authenticity to go along with your work after that, it can be provided on the site.

“What,….who?”

Now, I am dreadfully new to the public art world.  The sculpture community in Loveland is a land I sometimes visit, like today to order a box for shipping a sculpture.  Everybody knows EVERYBODY there and what they are doing and where they are from.  They look at me with polite amusement….because I am amusing in my naiveté… I have no doubt.  I have just started walking down the roads they have been travelling for a very long time, after all.

But I digress.  Fine Art Registry, or FAR.

They are all over the place on the internet.  But looking a little deeper I found this from http://www.fineartinvestigations.blogspot.com/p/theresa-franks-one-womans-quest-to.html and I think it’s worth republishing on the WWW for the rest of us artists and collectors of art as often as possible:

 THERESA FRANKS: One Woman’s Quest to Control the Art World

by “Michael Wilson”
You’re an artist and you want your portfolio neatly cataloged. What do you do? You call Theresa Franks, that’s what you do. You’re an art collector and you need to protect your valuables from fraud, and establish their provenance and authenticity? No problem. Just call Theresa Franks.
Franks is the founder of Phoenix based, fineartregistry.com, or “FAR”, an on-line art gallery that offers a patented tagging system which helps artists and collectors organize their inventory and, according to Franks, ensure its authenticity. The site’s trademarked moniker: “Helping Bring Order to the World of Art”.
The website, which operates under Franks’ umbrella company, That’s Life Publishing, Inc., is a vast maze of articles, forums and virtual art galleries which take you deep into the art world, or at least the art world according to Franks.
A large portion of the site is dedicated to its gallery, where sellers and buyers peruse through an assortment of artworks listed for sale. While the site offers mostly contemporary and decorative arts by relatively unknown artists, there’s also works for sale by famous artists such as Paul Klee, Pablo Picasso and Jackson Pollock, according to the website, complete with Franks’ patented registry tags and, in some cases, a downloadable certificate of authenticity. Sellers and buyers must first register with FAR in order to correspond with each other. FAR accepts no commission from the sales.
The tagging system has piqued the interest the world over. “We’re an international database,” says Franks. “We just made a deal with the Russians. They didn’t have the technology, so we represent them here.” One major collector I spoke with said he finds the tagging system very interesting. “I would consider using it,” he said. But he cautioned, “only if the company’s integrity is intact.” FAR names several partners including Artletics, a vintage sports artwork dealer; Masterpiece, a company that offers handmade canvases pre-equipped with FAR’s identification tags; Neglia Services, a jewelry replacement and evaluation service; and CLE 123, Inc., a legal education service company that offers on-line courses in Advocacy, Ethics, and Conflict-of-Interest studies. FAR’s articles range in topic from auction results to tips and strategies for collectors. Several content-generated articles are listed from other websites such as artprice.com, a members-only database of auction results. All make for a dizzying display to whatever suits your artistic fancy. “You can kind of get lost in all the articles,” laughs Franks, who pens most of them herself. In fact, when I called to interview her, she was “madly working” on yet another one.
Aside from being the site’s web administrator, Franks devotes much of her time investigating “art crime” cases, which are featured on her long list of advocacy and investigative-related articles on the FAR site. While Franks pens most of the articles herself, writers have included Noah Charney of the Association for Research into Crimes Against Art (ARCA) and John Daab, a fraud examiner. “We work closely with federal law enforcement,” says Franks. “We work to deter fraud.”
One case she’s helping the FBI investigate, says Franks, is that of famed cruise ship auction outfit, Park West Galleries, Inc., based in Michigan. Franks was referring to several class-action lawsuits against the gallery stemming from allegations the company sold fake prints by artist Salvador Dali.
The FAR website has become a cornucopia of information for the Park West case, where numerous articles appear, penned by Franks, as well as a litany of homemade amateur YouTube videos featuring Franks ranting about the company’s alleged misgivings.
The rants have been the subject of ire for Park West, who launched four defamation lawsuits against her; each for $46-Million. They were all dismissed. And despite ongoing litigation with Park West in U.S. District Court in Michigan, she speaks freely, without worry of consequence. “Park West is currently being investigated,” says Franks. But she admitted, “no indictments yet.”
In one video, dated, August 14, 2010, Franks even takes a shot at U.S. District Court Judge Lawrence P. Zatkoff, for vacating a jury’s verdict that awarded her $500,000 for various copyright infringement counterclaims against Park West. Zatkoff ordered a new trial scheduled for November, 2011. In the video, Franks lambasts Judge Zatkoff for being “biased from the beginning”. She boldly vows to investigate him, suggesting a “special relationship” exists between Judge Zatkoff and Park West Gallery’s lawyer, Rodger Young.
Her sharp tongue has garnered Franks some unwanted attention. During the trial, Franks and her attorneys were admonished for misconduct, and Judge Zatkoff threatened a directed verdict.
Franks also took creative pot shots at the trial, making abstract ink drawings and giving them titles such as “Strangled Justice”, “Jury Deliberation”, and “Wretched”. They are offered for sale on the FAR site, complete with her trademarked tags.
Another target of Franks has been art restorer and forensic expert Peter Paul Biro of Montreal, Canada. Biro discovered fingerprints on a purported Jackson Pollock painting, found at a thrift shop by retired trucker, Ms. Teri Horton. One of the fingerprints matched that of one found on a blue paint can in the Pollock studio in East Hampton, New York. The discovery was chronicled in a 2006 film documentary, “Who the #$&% is Jackson Pollock?”
Then, in a July 12, 2010 article in the New Yorker, reporter David Grann painted Biro as a forger and a criminal. For that, Franks credits herself. “We worked together for about a year on that story,” she said. “I supplied him with a good number of documents. So, he took that and ran with it.” She continues, “It was our (Fine Art Registry’s) investigation that really was the catalyst for that article.”
Grann’s article set off a bit of a media feeding frenzy, and it wasn’t long before other articles appeared, stating Biro was “a forger” and his family had done “jail time”. Biro launched a defamation lawsuit in U.S. District Court in New York against Grann, his employer Conde Nast, and Dan Rattiner. He sought $2-Million from each defendant.
Shortly after the suit was filed, many articles which portrayed Biro badly were retracted. Dan’s Papers published a public apology. Business Insider and the Daily Beast issued corrections. According to U.S. federal court records, Biro and defendant Rattiner have reached a settlement arrangement, the details and amount of which are undisclosed. The New Yorker trial is still pending.
But the target of choice for Franks has been cruise line art auctions, particularly in the Park West case, where the debate isn’t as much about whether the company sold fake Dali prints, but whether the experts used to authenticate or negate the pieces are themselves valid.
In the U.S., no set of regulations exist for the art market. Experts are determined more by consensus than credentials. An individual may have an enormous knowledge base of a particular artist, both historically and mechanically, down to the brush strokes. But, in a buyer-beware environment, unless an expert can garner enough respect and confidence from the art world, he will become useless when it comes to authenticating a work of art, even if he is the only one in the world that can tell the difference between the real thing and a master forgery. This holds especially true for works by Dali, Jackson Pollock, Willem de Kooning and Andy Warhol, artists for which there exists no authentication boards in the United States.
As for Park West, they utilized the professional services of an accredited art appraiser and Dali expert, Bernard Ewell, of Sante Fe, New Mexico. For years, he examined works which were later sold by Park West during their cruise line auctions. However, a pre-existing power-struggle between Ewell and French Dali expert Robert Descharnes was exploited by Franks, and brought into her “ring of fire” on the FAR website. Franks, for some reason or another, has joined ranks with Descharnes, and appears in videos with him and his son Nicolas Descharnes, referring to the two as “world renowned Dali experts.” Franks says she has spent about $2-Million on litigation costs against Park West.
“It’s the old wild west,” says Franks. “That is why we’re here; to bring order.”
Franks is a human sieve: offering information, speculation and ponderings with the nonchalance of a gossiper, yet the tenacity of a litigator. “There’s a whole sociological element to art crime and art fraud, in why criminals do what they do,” said Franks.
As she spoke, I was drawn into the tangle of her words, and it dawned on me that there’s a place where Franks thrives; a grey area in the art world where, in all its chaos and disorder, there exists a platform to gain a position of power and control, to authenticate strange truths and fashion them into less strange lies, to bolster a false sense of confidence in those that serve you, and destroy those that oppose, and capitalize on it all in a very creative, venomous way.
In all the seemingly wanton, obsessive ranting, – Franks spoke for several minutes at a time between questions – I still found it difficult to put down the phone. But I had to; there were other calls to make. And as a registered member of fineartregistry.com, who had spent months perusing the site and corresponding with other members, I knew something wasn’t quite right. But to an extent I had never imagined.
I put a call to Bernard Ewell, the Dali expert for Park West and asked him why Franks was after him. “I live in rattlesnake country and I know better than to stir up a viper,” said Ewell. But I pressed him for a motive, pointing out that Franks spent an enormous amount of money on the trials in Michigan. He said he was being attacked by Franks to discredit him as an expert witness in the federal case with Park West. “During the Park West trial, the favored theory was that she is being funded by Robert Descharnes, because he was trying to destroy Park West Gallery, so that his son Nicolas can basically corner and control the whole Dali market,” said Ewell.
As a result of Franks’s accusations and “Google-Bomb” campaign, Ewell says he’s lost up to 70% of his business. “People do a Google search of my name and I never hear from them again,” said Ewell. He described Franks as “an anarchistic bomb thrower; she really doesn’t care what innocent lives are ruined and what indiscriminate damage she causes. She’s like a grizzly bear: you just don’t know what she’s going to do. Like a Japanese zero out of a cloud, she was suddenly there.”
What troubles Ewell most, it seems, is that none of the investigators followed Franks’ money trail to find out where her funding is coming from. “Everyone just sort of shrugged and said, ‘so what can you say, the woman is crazy’. There’s no logic to this. She’s got some things going in her head that she’s convinced herself is true.” Ewell, in his despair and frustration still sports an air of toughness, and also a quick-witted, whimsical sense of humor. “She reminds me of the White Queen in Alice in Wonderland who said, ‘Sometimes before breakfast I can believe in as many as thirteen impossible things.’”
I asked if he had one question for Franks, what it would be. After a long pause, he said, “Has she benefited enough from all the damage she’s done? Because the damage has been massive.” On whether Franks committed libel: “Yes, absolutely,” said Ewell. “Complete lies.”
As for Teri Horton, the owner of the purported Pollock painting that Biro found a fingerprint on, she was very reluctant to speak with me at first, fearing I was a “Theresa Franks shill”. After two requests, she agreed to speak briefly about Franks. She referred to Franks as an “opportunist”, capitalizing on high profile cases such as her painting.
Perhaps a most stunning revelation: Horton disclosed publicly for the first time that it was actually Franks who first contacted Horton several years ago when news broke of the new-found painting. “She wanted to have me put the Pollock painting on her website,” said Horton, “because she and her company, Fine Art Registry, were so well known she could assure me of a sale with top dollar.”
But, Horton, street-smart and deep into her 70’s, wouldn’t take the bait. She said it was with “gut instinct” that she immediately did not trust Franks. “I refused,” said Horton. “Then she went on her rampage and lied.” She described Franks as a “diabolical sociopath” who has caused problems for her entire family. “If I had the money, I would sue her for property disparagement. She’s a crazy, evil woman,” said Horton. If Horton was to sue, she may have to get in line and wait. Maricopa County records show Franks’ legal troubles have been mounting for years. One such case involves an $896,000 loan in which Franks and her husband, Logan Franks, have defaulted. “We couldn’t even find them physically,” said the plaintiff’s attorney, Scott L. Potter. “They wouldn’t answer the door.” Potter said the case has “finished out” and the court issued a default judgement against the Franks’ in excess of $680,000. He suggested other claimants are in cue. “Actually, I received a call yesterday from someone looking for Ms. Franks.”
And back to those blue-chip works being offered for sale on Franks’ website: Pollock, Pablo Picasso, Paul Klee, Egon Schiele. I wrote an email to a seller, “David Cameron”, who lists numerous works as being “by Jackson Pollock”. Cameron said the works come from a “huge collection”, and are owned by a small group of investors, and that Franks had come to view the paintings prior to listing them for sale on the web.
I contacted the Pollock-Krasner Foundation and told them works were being offered on the FAR website. Alarmed, they referred me to the foundation’s attorney, Ronald D. Spencer. I asked what he thought of the paintings. I could hear him gasp from the other end of the phone as he opened up the email which contained the links to the FAR site. He paused momentarily, then said: “If you were to gather all the Pollock experts in the world, they would all give you the same answer. And it would be an equivocal answer.”
I did in fact contact an expert on Pollock, who wished to remain anonymous. He stated, “It is my opinion that these works are not by the hand of Pollock. They are amateur fakes. Most disturbing is the reference to Clement Greenberg, Peggy Guggenheim and Larry Rivers in the seller’s description. Furthermore, it shall be considered that the entity offering these works, Fine Art Registry, is indeed trafficking in forgeries.”
A seller, “JBPALANK”, (Jason B. Palank), who appears on the FAR site as well as its offshoot, registermyantiques.com, claims on his profile that he is a “Consultant & Modern Impressionist Specialist” for Christie’s Auction House – New York.  Among the works offered for sale by Palank: a painting “by Paul Klee”, and an original pen and ink drawing “by Pablo Picasso” for $50,000, which he says includes an appraisal by someone “highly recommended” by Christie’s. However, when I called Christie’s, a representative in the modern impressionist department said there’s no consultant or specialist named Jason B. Palank. I pressed her to search the company’s database. “Nothing,” she said. An e-mail to Palank went unanswered. However, a cursory search shows a history of arrests for prescription fraud, DWI, and possession of a controlled substance. He was most recently arrested on August 1, 2010.
Another member, “Breaux05”, was offering an Egon Schiele watercolor. When I contacted the seller, he responded by stating it was not for sale, but would be inclined to sell it if the price was right. We exchanged about five emails. By the third email, I asked if Franks had seen the piece or offered an opinion. He responded by stating Teri Franks is “not an art expert or authenticator!” The seller also copied the email to admin@fineartregistry.com, the same email address for Teri Franks.
I wrote back saying that I was curious as to her opinion because she’s listed as a “Fine Art Expert” and therefore should be garnered to an opinion, and perhaps responsible for the authenticity of the piece being sold on her website. The seller quickly responded by referring me to his lawyer. The site listing Franks as an art expert is cruise ship watchdog group, cruisebruise.com.
Naturally, I had questions. Why would the seller say Franks is not an expert, and at the same time, copy her on the email? Is it possible that the seller is actually Theresa Franks, and copying herself by accident? That would be too strange, I thought, and would require someone of a duplicitous nature. And although I never did hear back from the seller, I tried yet one more.
I inquired with the  seller, “Artsy”, who lists dozens of works for sale on the FAR site. I received a response from someone who signed off as “Lynn”, and with the email URL suffix as skipperwbreeders.com, a website devoted to horse trading.
A closer look into skipperwbreeders.com revealed non-other than Franks as the site’s administrator. A chill ran up my spine. “Lynn”, and “Artsy”, as it turned out, are the same individual. All this time, I had been unwittingly communicating with Franks: an “advocate” for transparency, clouded by aliases, in a maze carved by her own hands from the desk of a computer. At that very moment I knew I was dealing with a complex, obsessive and deeply troubled person.
I looked back at the Paul Klee painting offered by Palank, and noticed something familiar about its design. It bore striking resemblances to those ink drawings made by Franks, and their distinct titles: “Forged”, “Criminal Mind”, and “Madness”.
In a field of loops and swirls, I considered something more sinister behind the veil of Theresa Franks, and I remembered her own words about “why criminals do what they do.” I made one more call to Bernard Ewell and asked him again why Theresa Franks does what she does.
He said, “I don’t know enough about psychological disorders.”
UPDATES:
*Since publication of this article, FAR has altered the profile for Jason Palank.
**Since publication of this article, an art crime specialist has contacted me and offered to discuss the Theresa Franks and Fine Art Registry case with law enforcement.
***Due to the overwhelming response to this article, I believe it merits the inclusion of the following public information on Theresa Franks and Fine Art Registry.
****Since publication of this article, a US daily newspaper has contacted me and expressed interest in writing a follow-up article. Stay tuned!

(this post is a reprint of a post from my wordpress.com blog dated May 10th 2012)

I’ve been thinking a lot about the world of art and marketing…commercialism and the like.   Many artists struggle and struggle financially and there is an overwhelming (it sometimes seems) perception that artists do not make money until they are dead….if then.  The argument I heard many years ago that influenced me decide to change from being an art major in college to a business major instead…and eventually, a psychology major – maybe to help me figure out me, more that anything.  But I digress.

I think that there is an exclusivity that the purveyors of art promote that is harmful to both artists and the public alike….harmful to them as well, for in promoting exclusivity in the art world, or to put it more simply…intimidating the majority of the people in the world – people who are not necessarily educated about “what art is and is not” – you have limited your market to far fewer people.  How many people are too intimidated by their perceived lack of knowledge about art to even walk into an art gallery?  There is so much fun made of what people say about art in galleries and museums (you can find many stories on the web) that I am self-conscious about saying anything about a work of art within earshot of gallery and museum employees and owners if the atmosphere of the place feels in any way “exclusive”.  The thing is, art is subjective.  If I look at a Jackson Pollock painting and think it’s just silly…to me – that is my right.  Right?

I am not a Thomas Kinkaid fan – but I won’t read a romance novel either.  They just don’t engage me.  But lots of people are crazy about both.  That’s GREAT!   Andy Warhol, on the other hand.  I have always liked Andy Warhol’s art.  Both of these artists were really good promoters of their own work, Andy Warhol was a promotional genius, I think.  I came across a really good article about him, if anyone reading this cares to read on.  I put pictures of some ot the art that it refers to along the way…

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From INTELLIGENT LIFE magazine, November/December 2011

Sara Friedlander, the 27-year-old head of First Open Sale at Christie’s in New York, has a startling view of American art history. “Nothing good was made in the 19th century, nothing really good was made in the 18th century and American art in the 20th century for the first three, four or five decades was very elitist.”

There was, in this view, no American Titian or Picasso, Raphael or Matisse. And then, suddenly, on July 9th 1962, there was. That was the date of the first solo show by Andy Warhol, the 33-year-old son of Slovakian immigrants. It was at the Ferus Gallery in Los Angeles and it consisted of a series of 32 paintings of Campbell’s Soup Cans, one for each flavour—beef, clam chowder, cheddar cheese, etc. The response was underwhelming. Five sold for $100 each, but the gallery owner bought them back to keep the series intact.

Andy Warhol Tomato Soup can

Nevertheless, by the end of that year, Warhol had conquered New York, the capital of the art world, and America had the artist for which she had been waiting. “He reached a public”, says Friedlander, “that no artist was able to do before him. Because he was able to accomplish what nobody else had done and in the way he was able to influence what came after him, I think that makes him, I would guess, the greatest artist of the 20th century.”

There is nothing unorthodox about this claim. Almost unanimously, today’s young art fans adore Andy as earlier generations adored Pablo Picasso or Jackson Pollock. “To the under-45s”, says Georgina Adam of the Art Newspaper, “Warhol is what Picasso used to be to an older generation…and, like Picasso, he has become a man for all seasons.”

This vast fan base has been reinforced by the shrewd licensing arrangements negotiated by the Andy Warhol Foundation for the Visual Arts, established under the terms of the artist’s will. There have been Warhol skateboards, Warhol editions of Dom Pérignon champagne and countless Warhol fashion lines, including Pepe jeans and Diane von Furstenberg dresses. But, in a wider sense, Warhol’s colours and styles—especially his use of pop style—pervade the culture. Any city street shows evidence of the astonishing power and durability of his imagery.

The market backs the enthusiasm of the young. Those original soup cans are not for sale: bought by the Los Angeles dealer for $1,000, they were sold to the Museum of Modern Art in New York in 1996 for $15m, a deal that promoted Warhol to art’s first division. In 2008 a 12-foot-wide Warhol painting entitled “Eight Elvises”, made in 1963, broke the $100m barrier, putting him in the same lofty bracket as Picasso, Pollock, Willem de Kooning and Gustav Klimt. The highest auction price, meanwhile, is $71.7m for “Green Car Crash” (1963). To put these dizzying prices in perspective, Titian recently achieved his highest ever auction price—$16.9m for “A Sacra Conversazione” from about 1560. This is an important picture by an artist many regard as the greatest painter that ever lived. But the market says that Warhol is more than five times better.

Warhol is now the god of contemporary art. He is indeed, it is said, the “American Picasso” or, if you prefer, the art market’s one-man Dow Jones. In 2010 his work sold for a total of $313m and accounted for 17% of all contemporary auction sales. This was a 229% increase on the previous year—nothing bounced out of recession quite like a Warhol. But perhaps the most significant figure is the rise in his average auction prices between 1985 and the end of 2010: 3,400%. The contemporary-art market as a whole rose by about half that, the Dow by about a fifth. “Warhol is the backbone of any auction of post-war contemporary art,” says Christopher Gaillard, president of the art consultants Gurr Johns. “He is the great moneymaker.”

Some glee in the market is understandable—and not just because of the money. Warhol believed in fame and wealth: they were intrinsic to his aesthetic. The auctioneers are co-creators, carrying on Warhol’s work post mortem, and the salerooms are extensions of the galleries. “How he would love it all!” says Sara Friedlander of the current frenzy. “I can see him at an auction, seated at front and centre with his Polaroid camera and his fright wig…I think of him in every sale we do.”

Before Warhol, the believers argue, there was sterility; after Warhol there is a ravishing, visual cornucopia. Without him, they say, there would be no Jeff Koons, Jeff-KoonsRichard Prince - Nurse Paintingsno Richard Prince, no Banksy, no Takashi Murakami, no Damien Hirst. Many of the fashionable artists in the world emerged from beneath Andy’s fright wig.

There would also be no fun without Andy. The starting point for any assessment of his legacy is his instant accessibility: nobody need ever be puzzled by a Warhol—his lavish colours, his epic simplicity, above all his subject matter. “Andy always painted famous things,” says the artist Michael Craig-Martin, “whether it was Liz Taylor or a Coke can.”

“Even children love him,” says Gul Coskun, a specialist Warhol dealer in London. “They stop their parents outside my shop. His pictures are big, colourful, they are not taxing academically. But they are taxing financially now.”

All of which raises the question: is this a bubble—critical and financial—that will soon burst? In market terms, it seems likely if only because the rise in values has been so extreme. But the problem is that the market conceals more than it reveals. There are, it is said, 10,000 individual works—the exact number will only become clear when the vast catalogue raisonné is completed by the Warhol Foundation. They have just started work on Volume Four of this mighty project, but there is no current indication of when it will be finished.murakami-c-new-yorker-magazine

About 200 Warhols come on the market each year. A large percentage are always bought by José Mugrabi, a New York-based dealer-collector who turns up at auctions in jeans, black T-shirt and baseball cap. Mugrabi made his money in textiles in Colombia. He moved to New York in 1982 and began collecting art. He likes to be seen to be buying and he is now believed to own 800 Warhols, some of them first-rank. Last year he is said to have bought more than 40% of the Warhols that came on the market. This scale of participation distorts the market and entails a risk of a swift collapse if Mugrabi were to withdraw. “The question is,” says Noah Horowitz, author of “Art of the Deal: Contemporary Damien Hirst portraitArt in a Global Financial Market”, “what value would those works sustain if and when the market sees some sort of correction?”

Probably only the Andy Warhol Foundation, which also oversees authentication and commercial exploitation of the works, has more Warhols than Mugrabi. The gallery-owner Larry Gagosian has a few too: in 2008 he spent around $200m on 15 to 20 Warhols from the collection of Ileana Sonnabend, an early fan. It would not be quite true to say that Mugrabi, Gagosian and the foundation control the market, but nobody doubts their combined ability to push up prices by sheer brute force. And the prices are further bolstered by museum demand. Few museums with aspirations to represent contemporary art want to be without one of Warhol’s pictures. But this demand is subject to critical fashion. It is safe, therefore, to assume the prices are higher than a strictly open market would allow.

On top of that, the foundation always has the last word on what is and is not a Warhol—which can be tricky given that the work in question may be no more than a Brillo-pad box. Its authentications have not always been accepted. Joe Simon, an American film producer, has been fighting a long war with the foundation over the authenticity of a self-portrait he bought for $195,000 in 1989 (for a full account, go to myandywarhol.com). Later, wanting to sell, he submitted it to the foundation, which pronounced it inauthentic, stamping it “denied”. A further resubmission resulted in another stamp—he had, in the jargon of the trade, been “double-denied”. The two marks, Simon feels, have ruined the painting. He now plans to sue the foundation. “This is not just my fight,” he says, “it’s a fight for the integrity of Andy Warhol’s work.”

“The problem is”, says Georgina Adam, “that the foundation wants Andy Warhol to be a high artist with high ideals, they want him to be like Leonardo da Vinci. They don’t want to think that he just signed a lot of stuff without even looking at it, but he did.”

If the works aren’t always what they seem, neither are the auctions. “These sales are no longer auctions,” says Allan Schwartzman, an art adviser. “To attract material at the top end, auction houses pre-sell the material to ‘irrevocable bidders’. They are deliberate, orchestrated events.” Irrevocable bids are guaranteed, pre-saleroom offers that ensure a work does not go unsold. But they also ensure that the price at auction may not strictly be a transparent meeting point between supply and demand; at times the auctions are little more than a theatre of private deals. Such arrangements are commonplace throughout the market, but they are especially important in the case of Warhol because of his absolute ascendancy and because of a market that is active while still being surprisingly narrow.

Christopher Gaillard does not think this is a problem. “Warhol is a global commodity now. His work is certainly supported by some key players we read about in the papers, but it’s my belief that this is much more far-reaching than that. Warhol is the most powerful contemporary-art brand that exists. Picasso is another. It’s about sheer, instant recognition and what comes along with it is a sense of wealth, glamour and power.”

Whatever the hidden truth of the market, Warhol’s ascendancy is out there in plain sight. And it is a perennial truth of the art business that high values tend to attract critical endorsement. “If you look at art history and criticism,” says Julian Stallabrass of the Courtauld Institute in London, “a lot of it is promotional literature.”

It is almost inevitable, therefore, that Warhol should be critically as well as commercially acclaimed. But the question is: does he deserve it? The answer begins with a pair of shoes.

In 1886 Vincent van Gogh painted a pair of very worn boots. It was a small painting—18 inches by 15—but a powerful one. It remains one of van Gogh’s most familiar images. It is also one of the most densely discussed. Both the philosopher Martin Heidegger and the theorist and critic Frederic Jameson have pondered these boots. What they both conclude is that, in Jameson’s words, “the work in its inert, objectal form is taken as a clue or symptom for some vaster reality which replaces it as its ultimate truth.”

The painting is not simply an arrangement of pigments, nor even, primarily, a representation of something. It is, rather, a statement about a world that lies beyond the painting—the hard life and work of the peasant who wore these boots. It is a portrait of the man and his life painted in his absence. The painting is a window through which we see not just these boots but their place in a world of toil and struggle.

That, in fact, is exactly how people usually look at art, as a physical embodiment of wider meanings. What other reason is there to look at all? But Jameson goes on to compare van Gogh’s boots with a Warhol print from 1980-81, “Diamond Dust Shoes”. Andy-Warhol-Diamond-Dust-ShoesThis work, says Jameson, “evidently no longer speaks to us with any of the immediacy of van Gogh’s footgear; indeed, I am tempted to say that it does not really speak to us at all. Nothing in this painting organises even a minimal place for the viewer, who confronts it at the turning of a museum corridor or gallery with all the contingency of some inexplicable natural object.”

That, in a nutshell, is the entire history of Warhol criticism. It all pivots on the meaning of the word “meaning” when applied to the visual arts. Warhol, a far more intelligent man than he liked to appear, understood this perfectly. “The more you look at the same exact thing,” he said in 1975, “the more the meaning goes away and the better and emptier you feel.” He also said: “Always leave them wanting less.” He was in pursuit of an art that meant nothing.

The context in which his anti-definition of “meaning” appeared was that of a culturally triumphant post-war America. New York had usurped Paris as the capital of the art world and had given birth to its own art movement to rival those of the old Europe. Abstract expressionism (“AbEx”) was widely seen as a statement that the United States need no longer suffer from any kind of cultural cringe. It has even been argued—though, in detail, also disputed—that these artists were financed and promoted by the CIA as ambassadors of freedom.

AbEx was a highly romantic version of modernism. It was a heroic confrontation between the artist and the canvas. The result, in the words of the critic Harold Rosenberg, was “not a picture but an event”. Jackson Pollock laid his canvases on the floor and dripped paint on them. Jackson_Pollock_GalaxyMark Rothko’s shimmering veils of paint yearned romantically for the beyond.

Morris Louis Number 4-26

Morris Louis and Barnett Newman barely disturbed the blankness with their marks. Willem de Kooning embraced chaos as he stabbed at his just-about-figurative images. These were existential heroes of Bohemia, not of the saleroom; their quest was limitless, spiritual and meditative.Barnett Newman - Yellow Painting

The AbExes found their voice in Clement Greenberg. An incisive, highly intellectual critic, he explained the artists to themselves and the world. Primarily, he told them that a painting was not a window on the world; it was a world, a wholly distinct, two-dimensional event. The viewer and the artist both engaged with paint and canvas, not with some external realm, like the life of the peasant that lay beyond van Gogh’s boots. Painters were not even required to engage with three-dimensional space, such was the primal truth of the canvas.

Meaning in abstract expressionism lay in the heroic act of the artist. In Rothko it lay in a form of spiritual contemplation; dekooning-portrait in Pollock it emerged from the carefully contained workings of chance. The personality of the artist was crucial. The paintings were windows that looked inwards to psychology rather than out to the world. They were hermetic, recognisable only as elevated forms of introspection. As Sara Friedlander puts it, they were “only interested in themselves”.

AbEx was the orthodoxy of the 1950s, but it was a paradoxical posture, curiously opposed to the spirit of the age. The post-war boom was getting under way and new machines and goods were raining down on consumers. The world was entering the image-soaked future foreseen and described by Marshall McLuhan. And yet this was precisely what these world-conquering artists were not painting.

Warhol was as soaked in images as anybody. Through the 1950s he was a successful commercial artist, known, among other things, for his advertisements showing highly distinctive blotty ink drawings of shoes. But he was also a devoted gallery-goer, determined to break into the citadel of high art. In fact, though he is often talked about as the godfather of pop art, he was beaten into the citadel by several other aspirants, notably Roy Lichtenstein who, from 1961, produced his giant blow-ups of comic book images. Desperate, Warhol turned to Muriel Latow, an adventurous gallery owner. According to Tony Scherman and David Dalton in their book “Pop: The Genius of Andy Warhol”, he said to her, “Just tell me what to paint.”

In return for a $50 cheque, she told him “to think of the most common, everyday, instantly recognisable thing he could”. He thought of his doting mother, Julia Warhola. Warhol had been, according to the philosopher and critic Gary Indiana, her “tantrum-prone, acne-riddled, albino lion cub”, a difficult and sick child to whom she gave maximum attention. He was spoilt—the family’s “moody, tyrannical centre-piece” who “shaped weaknesses into weapons for rejecting anyone he didn’t like and avoiding anything he didn’t want to do”. Julia lived in the basement of the Manhattan town house he had bought with his money from his advertising commissions. She used to give him soup for lunch—Campbell’s soup.

The cans he exhibited in Los Angeles emerged both from his mother’s menu and from a love of the colourful world of consumption. So they were not quite as impersonal as is often claimed. “Warhol’s approach to pop culture”, Scherman and Dalton argue, “was far from purely aesthetic: from childhood on, he loved its products and worshipped its heroes and heroines.”

But his psychology played no part in their reception: they were seen as works devoid of introspection, shocking statements of the obvious. Whereas innocent viewers could stand in front of a Pollock and get no answer to the question “What is it?”, they would get an immediate answer standing in front of a Warhol. “It’s a soup can.”

“It seems”, wrote the artist Donald Judd of a 1963 Warhol exhibition, “that the salient metaphysical question lately is ‘Why does Andy Warhol paint Campbell Soup cans?’ The only available answer is ‘Why not?’ ”

The 1962 Los Angeles show was followed, a few months later, by New York exhibitions which featured the massive “Marilyn Diptych”—50 versions of a photo of Marilyn Monroe, 100 Soup Cans, 100 Dollar Bills and, even more momentously, a pile of Brillo boxes.

Arthur Danto was a professor of philosophy at Columbia at the time. Interested in contemporary art, he visited the Stables gallery and saw the boxes. “I was working on a five-volume work on analytical philosophy,” he tells me, “my head was full of Descartes and Russell and all the other tough thinkers and, when I walked into the Stables, I suddenly thought that art has finally caught up with philosophy and Andy did it. I was stunned and I changed the whole direction of my work. This was a completely new way of thinking about art.”

Danto—who is now the grandest pillar in the edifice of Warhol appreciation—was preoccupied with how we evaluate our perceptions. From Descartes he inherited the mystery of how we could tell the difference between waking and sleeping consciousness. How did we know which was more real? Warhol’s boxes asked the same question by replacing “real” with “art”. How did we know which was more “art”, a van Gogh or a Brillo box? “Andy showed that art and non-art cannot be told apart just by looking at them.”

Marcel Duchamp had done this decades earlier, in 1917, by taking a urinal, signing it, exhibiting it and calling it “Fountain”. But there was still something timeless—and, therefore, arty—about a urinal. Warhol hardened the theme by choosing something that was utterly contemporary and ephemeral. The following year he made the movie “Sleep”, showing a man sleeping for five hours and 20 minutes. He had also, by then, founded the Factory, the defiantly named Manhattan location that became his headquarters, production line and studio. Its flamboyant radicalism made him a hero of the young, often with catastrophic consequences.

“I had a couple of students, actually my best students,” Danto says. “They decided to go down to the Factory and they were ruined, completely ruined, as thinkers. They got druggy. I had imagined they would be serious philosophers but that never happened.”

The defiance of the name lay in the idea that art could be produced in a factory, like any other consumer good. Warhol’s art was not supposed to be a matter of emotion, introspection or spiritual quest; it was to be an image, pure and simple. “During the 1960s,” he wrote knowingly in 1975, “I think, people forgot what emotions were supposed to be. And I don’t think they’ve ever remembered.”

This pursuit of affectlessness was what outraged—and still outrages—some critics and artists. According to Gary Indiana, de Kooning screamed “You destroyed art!” in Warhol’s face.

In a crucial passage in his book “American Visions” (1998), the great critic Robert Hughes summarised Warhol’s aesthetic: “It all flowed from one central insight: that in a culture glutted with information, where most people experience most things at second or third hand through TV and print, through images that become banal and disassociated by being repeated again and again and again, there is a role for affectless art. You no longer need to be hot and full of feeling. You can be supercool, like a slightly frosted mirror…Warhol…was a conduit for a sort of collective American state of mind in which celebrity—the famous image of a person, the famous brand name—had completely replaced both sacredness and solidity.”

Clement Greenberg, meanwhile, realising that Warhol had flung a pot of vinyl paint in the face of the AbExes, was dismissive. “I find his art sappy. The big-screen portraits and all these things. Who cares about them?” He knew the critical basis of his entire career was being assaulted by pop.

“The whole of pop art”, explains Stallabrass, “was a reply to Greenberg.” Greenberg was defending art as a specific category, something set aside from the ordinary world. But, as Danto saw, Warhol created art that was an arbitrary aspect of the ordinary. There was no special category, girded by a language of depth and meaning; there was just what was defined as art at any given time. Being famous and making money was as legitimate a goal for the artist as self-exploration.

Ever since, the central theme of anti-Warhol sentiment is that he sold out, not just himself but the whole idea of art. The philosopher Roger Scruton argues that he had nothing to say: it really was all about money. “It is worth pointing out that there is neither beauty, nor elegance nor style in anything that Warhol did, and that the very media he chose were reflections of the moral emptiness within him. But since the result (like the silkscreens of Marilyn Monroe) convey that emptiness, there is nothing in them to understand; in no way do they present a challenge to the observer, other than the challenge to his chequebook. And if you are extremely rich, extremely stupid and morally vacant, why not write a cheque to prove it?”

The pro-Warhol response to that is that it misses the point. The chequebook is the aesthetic. “I think the argument one could well make”, says Noah Horowitz, “is that in some sense his whole thing, his MO, his method of production was totally tied into that [the market], and it’s one thing to analyse and criticise and do something aesthetic with that structure but Warhol embraced it and made it his aesthetic.”

So either Warhol was an empty product of money or he made art out of money. Take your pick.

Valerie Solanas was a radical feminist who believed in the violent creation of an all-female society. In 1967 she asked Warhol to produce her play “Up Your Ass”, but he lost the script and Solanas started demanding payment. Finally, in June 1968, she turned up at the Factory and shot him in the chest. It was a grievous wound—Warhol had to wear a corset for the rest of his life to, as he put it, “keep my insides in”—and he only just survived.Valerie Solanas S.C.U.M. manifesto

Solanas was imprisoned, though only until 1971, and she died in 1988. But she was not forgotten. In 1996 a film of her life—Mary Harron’s “I Shot Andy Warhol—appeared and some feminists still claim her as a hero of the cause. But she is also remembered as a key player in the history of contemporary art. The shooting was a creative as well as a medical turning point for Warhol. The experience seemed to intensify his own sense that his life was not quite real. “Before I was shot, I always thought that I was more half-there than all-there—I always suspected that I was watching TV instead of living life…Right when I was being shot and ever since, I knew that I was watching television. The channels switch, but it’s all television.”

Most now agree—even in the midst of the current frenzy—Andy Warhol Self Portrait 1986that the shooting marked the start of a steady decline in the quality of Warhol’s work. Nothing more vividly demonstrates this decline than two self-portraits, nearly 20 years apart, currently on display at Tate Modern in London. The picture from 1986, the year before his death, shows the now gaunt features in red, topped by his fright wig. It is striking and beautifully composed, but it is a poster, a one-liner. The picture from 1967 is haunting, powerful, with layers of vibrant colour that demand close examination.Andy Warhol Self Portrait 1967

When the average cultivated punter now thinks ofa Warhol, they will almost certainly be thinking of a Marilyn Monroe, a Jackie Kennedy, an Elvis Presley, a soup can or even an electric chair made between 1962 and 1968. What they will not be thinking about is the ten portraits from 1980 entitled “Jewish Geniuses”

or his endless pursuit of the rich, famous and powerful as patrons and subjects—Michael Jackson, Mick Jagger, Liza Minnelli, John Lennon, Diana Ross, the Shah of Iran. One thing nobody can really claim Warhol has in common with Picasso is lifelong inspiration and creativity. After the shooting he slowly ground to an aesthetic halt.

But perhaps it can be said that Warhol’s legacy is more wide-ranging than Picasso’s. Arthur Danto’s conviction is that he changed everything he touched, that his influence is universal. “Even Picasso was a more limited kind of figure, a great artist for sure, but he was an inventor of styles. I think what Andy was was an inventor of no styles at all.”

Warhol’s posture of opposition to meaning and the idea of the specialness of art was constantly being extended. In movies he subverted all artifice, not just by showing a man sleeping, but, later, by filming random scenes of anti-acting by his cast of “superstars”. In “A Novel” (1968) he took apart fiction by using straight transcriptions of the conversational ramblings of his friends. And, by adopting the Velvet Underground, he created the most savagely nihilistic rock band of them all. He even took on the philosophers—“The Philosophy of Andy Warhol (From A to B and Back Again)” (1975) consists of transcriptions of his spoken thoughts. But, though such things undoubtedly leave traces in the culture, they are dead ends in ways in which his best paintings were not. Nobody needs to do a mindlessly transcribed novel again or even read one, but many need to plunder the genuine riches of the pre-shooting Warhols.

Finally, Julian Stallabrass makes a crucial point about Warhol’s current stature. “You know this work really engages people in the art world. Maybe what has really changed in the last few years is that people have been finding out, essentially through publishing their own works on social networking sites, that making things that look a bit like art isn’t at all hard and that is very demystifying and empowering.”

Warhol now endorses a way of life. One simple technology—silk-screen printing—dominated his career. But it was enough to show today’s technology-laden, hyper-connected youth that they could do it too. With the instant publication of digital pictures and videos, anybody can become a cyber-Warhol, swimming in the great ocean that pop imagery has become. Apple’s Photo Booth software reduces the whole thing to a single click—just by selecting “pop art” under “effects” you can change your face into a very credible Warhol multiple self-portrait. Andy, in death, is a generation’s mentor.Andy Warhol Jewish Geniuses exhibition

The Andy Warhol Foundation and the market may want him to be Leonardo or Picasso, but the young want him to be what Arthur Danto says he is, the overthrower of all such pretensions. It is in this balance of aspirations that Warhol, the god of contemporary art, now exists. In time this phase will pass and the idea that Warhol is a greater artist than, say, Robert Rauschenberg or Jackson Pollock will be seen as the absurdity that it is. The bubble will burst, prices will fall and the drinker of all that Campbell’s soup will be restored to his rightful place—as a briefly brilliant and very poignant recorder of the dazzling surface of where we are now.

The intellectual excitement of his attempt to destroy meaning is also close to its sell-by date. Prompted by Warhol, conceptualism—art driven by ideas rather than sensuous and emotional engagement—has ruled the art world for more than 20 years. It is a machine aesthetic, a desire to make art that is beyond human, and Andy always wanted to be a machine. But, though all art is in constant, self-questioning flux, one thing never changes—the longing to define, synthesise and express the human condition. In the absence of religion, it is art’s job to do this. For six years, despite his claims to the contrary, Warhol was an artist, a generator of meanings. Valerie Solanas and his own social ambitions put an end to this. Now it is time for us, and the market, to adjust to the fact that it is over.

Bryan Appleyard is an award-winning feature writer for the Sunday Times. His latest book, “The Brain is Wider than the Sky”, is out now.

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