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Art Scams, Art
Fraud, Fake Art, Mass-produced Paintings and Activities that Exploit
Artists
WARNING! Fake art being sold on eBay! - Paintings are being sold on eBay,
Yahoo and other auction sites that
are mass-produced in factories, mostly located in Asia, but I have also
run across one in Florida using retired immigrants. The people
doing the work are trained to paint the same painting over and over, or to paint one element,
such as the sky, and then the painting is handed to the next person to paint a tree and so on. The paintings are cheap - $0.01, $9.95, $24.99, etc., and are being represented as "real oil paintings", not
prints, "hand made", and so on. Most are either unsigned or
signed only with initials (although some are signed with made-up names). Some are reproductions of old masters works
(that's o.k. as long as they don't represent them as originals).
An alarming number of these mass-produced paintings are illegal reproductions of
copyrighted works stolen from popular artist's websites or eBay auctions.
I personally found one of these dealers who
had copied an artwork from the website of a local artist I know, and was selling
multiple "hand-painted" copies on eBay. I contacted her and told
her about it. When she looked at the dealer's auctions, she not only found
copies of her art, but those of another artist she knew as well.
She reported the violations to eBay, and the dealer's account was suspended.
Unfortunately, these crooks just pop up again under a new account name, so
artists must be ever-vigilant.
Another eBay art scam I found was someone selling
prints of a very popular subject - dogs, that are photos
made to look like watercolor paintings using Photoshop, and being sold as
"giclee fine art prints made from ORIGINAL watercolor
paintings". I am a watercolor artist, and this makes me fighting mad! Most people cannot tell the
difference, but anyone with experience with Photoshop knows these
are easy to make. Unfortunately, this type of thing makes people
suspicious of digital art in general. There is nothing wrong with digital art as long
as it is identified as such (I have friends who are creating wonderful
digital art!). When I reported it, the reply from eBay was in essence, "We
don't know what you are talking about". What a shame that watercolor
artists and digital artists are being hurt by this person's fakes!
To make matters worse, eBay is ignoring the
problem for the most part, saying they "are just a forum". The
only recourse artists have is to join eBay's VeRO (verified rights owners)
program. They can then report violations of their property rights. Ebay
ignores reports of violations by anyone other than the property rights
owner, which limits the ability for the eBay community to self police.
EBay also does not allow its users to warn buyers of scams, and will
suspend their account if they do so. It seems as if eBay is perpetuating
the fraud instead of trying to stop it. Why? Because they are making money from
these sales! Buyer beware!
In addition to online auctions, mass-produced
paintings are being sold in stores in cities all across America - Pier 1, Garden
Ridge Pottery, Bed Bath and Beyond to name a few. And, you've seen the ads on TV
- "Giant sofa-sized painting, only $25 dollars! It is very sad that
unsuspecting buyers are wasting their money on this junk!
There is no creativity or originality in these
rip-offs, and they will never increase in value. Real artists are going bankrupt
trying to compete with thousands of these fakes that are flooding the market.
If you bid on art exclusively in the Self Representing Artists category on
eBay, you will be
buying directly from the artists themselves at great prices. There are
many legitimate art galleries, both brick and mortar and online that sell
artist's works at reasonable prices. And, many artists sell their work directly
at art festivals and shows, so if you want to cut out the middle man altogether,
these are great places to shop for original art.
Etsy is another great place
online to buy
original arts and crafts directly from the artists.
Don't get me wrong, I love eBay. I am both a
buyer and seller with over 100 transactions and a perfect score. I just don't
like people getting burned!
| Here are some links with
more
information about art scams, art fraud and fake art: |
| http://www.artbusiness.com/faketutorial.html |
| http://www.artfakes.dk
and http://www.artfakes.dk/blog |
| http://www.artspace2000.com/Art_Fraud/artfraud1.htm |
|
http://artscams.com |
| http://www.artwatchdog.com |
| http://www.bigcrow.com/anna/ebay_fraud/evidence.html |
| http://www.boingboing.net/2005/07/15/chinas_oil_painting_.html |
|
http://carrierappraisal.wordpress.com/ |
|
http://www.artnewsblog.com/2008/01/chinese-oil-painting-reproductions.htm
|
|
http://www.collector-antiquities.com/77/ |
|
http://forums.ebay.com/db2/forum.jspa?forumID=35 - Several
discussions usually ongoing. |
| http://www.ebsqart.com/ArtMagazine/za_279.htm |
| http://msnbc.msn.com/id/6030048 |
| http://www.nytimes.com/slideshow/2005/07/14/business/20050715_PAINT_SLIDESHOW_1.html
- click skip this ad to see the slideshow on Chinese
factory paintings. |
| http://www.survivorart.com/ebay.html |
|
| Activities that Exploit
Artists: |
|
| Large, Non-refundable Jury
Fees:
I have talked to many local artists
who are very bitter about the Austin Museum of Art moving the Austin
Fine Art Festival (now called Art City Austin) from Laguna Gloria to
downtown and using zapplication.org for the application process.
When they did that, they cut out a lot of local artists who had been
doing Laguna Gloria for years. It appears that AMOA's philosophy is
to attract artists from anywhere but Austin.
I recently heard a really sad story.
An Austin couple who were both artists would work all year creating
art (sculpture, paintings) that they would sell at the annual Laguna
Gloria show. They made the majority of their income at that show for
many years. They were rejected by zapplication, and had to quit
being artists and take minimum wage jobs to survive. The husband
passed away not long afterward. His wife, now retirement age is
destitute. What a shame this process is ruining lives.
I applied in 2006, entering my sea life paintings, and got
turned down. Every year since then, I get emails from AMOA inviting me to apply
through zapplication. After getting turned down the first time, I
started responding to their emails asking why I would consider
wasting $30 when I knew that a local artist has little chance of
getting in and that everybody knows that they limit the number of
local artists they allow. They emailed me back denying that they
limit local artists, claiming that the rumor was causing local
artists not to apply and that they were working on trying to win
them back. For the next couple of years, I visited the festival and
counted how many local artists there were. The number has increased
to about 25% of the show, so I thought maybe they are starting to
listen, but I was wrong.
I started hearing rumors that the
local artists that do get in have to volunteer and get to know the directors and get "sponsored". I was able to validate that
information when I had a woman come into my booth at an art show
recently and tell me she was about to do her first art show, and
asked questions about where I got my tent and display panels. I
asked her where her first show was going to be and she said Art City
Austin. Well there was still about 2 weeks left before the entry
deadline, so I asked her how she knew she had gotten in since the
winners hadn't been announced yet. She said she was being sponsored
by the board of directors! I fail to see how this method of
determining who gets in is fair to the artists who pay the $35
non-refundable jury fee. The jury process is supposed to be
impartial right? Well, it's obviously not.
I later applied to the Laguna Gloria
Holiday Art Festival, another AMOA event, and got accepted (they
don't use zapplication but have the same $30 jury fee plus $300 to
exhibit). This time I entered both sea life and florals. I got a
letter back from them saying that I had been accepted but that "the jury preferred my
floral paintings over the sea life and to keep that in mind when
preparing for the show". Imagine that! I wrote them a letter in
response saying sorry, but my sea life paintings outsell my florals
by about five to one, and since I am there to make money, I will be
showing my sea life paintings, and if that's a problem, give me a
refund and I'll gladly bow out. I never heard back from them. I did
the show and did really, really well (sold 80% sea life and 20% florals), so I applied again the next year, but swore that if they
turned me down that would be the last time AMOA got any of my money.
Well, the jury didn't think award winning paintings of marine life that are in
several galleries and selling like hotcakes are good enough for
their show, or didn't like my letter and turned me down. Not a penny more from me
for non-refundable jury fees, zapplication and AMOA!
Oh, yeah and, at the
2007 festival, AMOA's finance and operations director was caught and
arrested for going into an artist's tent at the show after hours and
attempting to steal her paintings -
Click here for the story and here for a
follow up story.
Anyone in the entire world can apply through
Zapplication, that's part of the reason
it makes it hard for local artists to get in. AMOA should do the right thing and set aside half of the booths for
Texas artists and stop using the "old boy" system to
decide who
gets in. I have heard some of the shows that go through zapplication
get as many as 1000 to 2000 applications per show. Do the math. I
did a little research, and AMOA received over 700 applications last
year. That's over $20,000 in jury fees alone, and they get $350 on
top of that for each exhibiting artist. Since only about 200 artists
get in, they took money in the sum of $14,000 from artists who
didn't get in! AMOA is exploiting artists to fund their art museum. They
could care less whether or not the city's artists make any money.
Update: As of October, 2008
zapplication has raised its jury fee to $35 and Art City Austin has
raised its booth fee to $495.
Check out what some other folks have
to say about zapplication: |
|
http://artbabyart.com/getzapped.html |
|
http://www.oldrebelwoodshop.com/grapevineblog.html (near the
bottom of the page) |
|
| Non-profits and
Charities: Just about every
art organization in town is non-profit, and I belong to some of
them. They are not exploiting artists per se, but their charters just don't make a
priority of helping artists to make a living, they're mostly about
art education. The way they work is they
collect dues, have meetings, put on workshops and organize group shows for the general
membership in which the members have to pay a fee to display 2 or 3
pieces, and not much sells. The profits are then given to the
charity they are chartered to support. Most of their charters are
about raising funds for art education, a noble cause indeed, and I
commend them for their efforts. But, they are quite simply not about
making money for artists. The artists that are active in
the memberships get a lot out of these organizations - community,
ongoing art education, praise from their peers, etc. But I am not a
student artist. I am a professional artist trying to make a living
with my art. The only way I have found to make any money (I don't
teach) is at art shows where I can have a booth and sell my work
directly. I am in some galleries, but they are less successful in
generating revenue because (1) they are not incentivized to sell my
art in the same way that I am, (2) the standard commission rate is 50% so
you have to raise the price so high that nothing sells and (3) the
process is very impersonal because unless they attend the opening,
the buyer doesn't get the opportunity to meet the artist.
I get a ridiculous number of emails and phone calls asking
me to donate art to some charitable cause or another (I already give
a lot of money to non-profits and charities, so I don't feel
inclined to give my art away for free). One woman representing some
charity that I had never heard of had the audacity to actually call
and ask me to donate a $1000 painting that she saw on my website and
liked. When I told her I would be happy to donate a print she said
no thanks! Can you believe it! Actually, now that I look back on it,
I think that was a scam call. Most of the people who contact me
asking for donations of art think that artists can write off the
amount the piece sells for at their auction, or the sale price the
artist is asking. Not true, the IRS only allows us to write off the
cost of materials. I bet most of you artists out there don't know
that either, right? Next time a charitable event asks you
to donate an artwork for their auction, say, sure, as long as I get
half! |
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| Restaurant Shows:
It always amazes me that artists are
willing to go for this. The restaurant "allows" you to put your art
up on their walls for some percentage commission, sometimes as much
as 30%. This goes on because artists think they have to agree to
this in order to get the opportunity to "show" their art. It should
be the other way around. Businesses who want us to decorate their
walls with our art should pay us to do so. Almost every restaurant
in town has free art up on their walls. ARTISTS - JUST SAY NO! Don't
you realize you are killing your opportunity to (1) rent your art
for money (2) sell your art to the restaurant! I did a few
restaurant shows early on. You have to do a lot of sucking up and
jumping through hoops so you can put your paintings on the wall of a
restaurant where they get food spilled on them, damaged and even
stolen! And, I never sold anything at any of the restaurant shows I
did, which is what most artists tell
me is their experience as well. So why are we continuing to do this,
and continuing to support the idea that art should be free? STOP
GIVING YOUR ART AWAY! |
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| Vanity Galleries,
Websites and Publications A
vanity gallery is an art gallery that rents its space to artists in
order for the artist to have a show. The purpose in having
a show at a vanity gallery is not the quality of the
artwork, but the artist's ability to pay the gallery to host his/her
artwork. There
are also vanity websites and publications such as Who's Who books
that charge for listings. The publications are typically distributed
only to the persons who paid for the listing. These types of
businesses make their money on fees collected from the artists and
NOT on sales commissions. They typically are not incentivized and do nothing to try to sell
your art.
I made the mistake of giving art-exchange.com
$150 to put my art up on their website where they claimed they had a
high number of interior decorators and corporate collectors who
bought art from them. Actually, I gave them $150 after their pushy
sales people hounded me on the phone for months to give them
$450, to which I told them absolutely not! When the price came down
to $150, I said what the heck, why not give them a try. That was 3
years ago and they haven't sold a single thing. Not only that, but
their pushy salespeople are still calling me trying to get me to
spend more money, even after I have asked them repeatedly to stop
calling me! It is against the law in Texas for anyone to continue to
call you when you have asked them to stop. I recently cancelled my
agreement with them and sent them a cease and desist letter about
the phone calls.
ARTISTS - NEVER, EVER PAY UP FRONT FOR SOMEONE
TO SHOW YOUR WORK IN A GALLERY OR ON A WEBSITE.
See for yourself what others have to
say about art-exchange.com:
http://www.wetcanvas.com/forums/showthread.php?t=278349
Other vanity
galleries/websites include Agora Gallery, ArtRom, Gallery Gora, NY
Arts, etc. There are many art websites who offer free gallery pages,
and they usually have nice front ends that make the job of uploading
your images and writing descriptions easy. There's no reason to pay
to put your art on a gallery website.
Art is Supposed
to be Free, Right?
There seems to be a general opinion in
Austin that art should be free. I ran across an interesting article
written in March, 2008 on the Austin Chronicle's website entitled
"Show and Sell -
Austin art is getting national buzz, but is anybody buying it?"
Anybody interested in buying art or being an artist in Austin ought
to read this article. Also, the people of Austin who think art
should be free need to read it as well. To quote the article -
"It is a fact that in Austin it's
crushingly difficult to keep a visual-art space open. You can go
look at the art, think it's beautiful, but if the artists don't get
paid, they can't afford to be artists. I would like to see more
artists be able to support themselves with their art instead of
taking second jobs."
Go ahead, Austin, keep on thinking
art should be free, exploiting artists and buying cheap ripoff
"paintings" from China. Pretty soon that's all there will be because
there will be no more artists and no more art! |
All works on this web site © Pauline
Walsh Jacobson. All rights reserved worldwide, unauthorized reproduction is
prohibited.
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