Ending Appropriation of Photographs by So-Called Artists – Part II

Anonymous photographer: US Supreme Court

In light of yesterday’s decision by the supreme court in favour of Lynn Goldsmith, I wonder if there is a special hot place in the underworld for those so-called artists, who will now face an onslaught of lawsuits.

Lawsuits, which until yesterday’s US Supreme Court ruling were an uphill battle with limited chance of success.  Lawsuits that are now very winnable and should finally drive a stake through the heart of those that appropriate photographs to remake them, silkscreen them, or make other two dimensional copies.

In case you have been living under a rock, the ruling everyone had been waiting for fell yesterday in the case between the Andy Warhol Foundation and the photographer Lynn Goldsmith over the use of a Goldsmith photograph of the artist Prince (see my blog: Ending Appropriation of Photographs by So-Called Artists).

The US Supreme Court ruling was 7-2 in favour of Goldsmith, with Justice Sonia Sotomayor writing in the majority opinion: “Goldsmith’s original works, like those of other photographers, are entitled to copyright protection, even against famous artists…”

Where does this leave Richard Prince and so many others who have no original ideas and simply change the scale, or rephotograph other photographer’s work?  Do they file for Chapter 11 protection as a business (assuming a lot of these photographers have protected themselves behind some corporate structure), or do they declare personal bankruptcy in order to avoid the courts, legal fees and the now almost inevitable damages to be paid.

Does Gagosian drop Richard Prince as an ‘artist’.  Do other galleries do the same for those that for too long have lived off the work of others?  Does this ruling make the art gallery complicit?  Considering yesterday’s ruling, art galleries can surely no longer pretend that they didn’t know, when they decide to represent a particular copy-cat artist.

And perhaps more interesting, given that collectors are fickle beings; will the market now finally speak and make the work of copy-cats unacceptable, or better yet unsellable?   Could it be that to hang Richard Prince’s cowboys, or an oversized Instagram image on your wall and talk about your art collector sophistication becomes so gauche that the monied collectors finally take their losses and turn their backs on appropriation and theft.  Is it time to send the copy-works to auction – if the auction houses will touch them – and take the inevitable financial bath?

I look forward to a few years from now walking into a non-descript local museum and finding a poorly lit, somewhat hidden picture, with a small cardboard tag that reads:  “Here hangs a work by so-and-so, who used to be a somebody, but now is a nobody.  Felled by the courts and art collectors for being no more than a copy-cat”.

It is a great day for Lynn Goldsmith, Donald Graham, Eric McNatt, Norm Clasen, Jim Krantz, and so many others, who have had their work stolen and abused with neither credit, nor compensation given.

Harbel

 

Should a Museum Be Able to Sell Its Works of Art

In a recent article in the NY Times, Julia Jacobs reports that the self-governed Association of Art Museum Directors voted 54% in favour of allowing the sale from their collections to pay for the preservation of other parts of their collection.   The devil’s advocate might wonder whether this means that the Chief-Curator and the entire curatorial staff can get paid from the proceeds of selling off a few unpopular works of art?  Is this the classic slippery slope?

I can appreciate that the COVID19 pandemic had a major impact on museums and galleries across the world.  With attendance and ticket revenue at zero for a number of months, a great many public museums relied on governments to step up and cover the shortfall.  Loans, grants and one-time funding were part of the short-term life-raft that many institutions needed to survive.

But this blog is not about the COVID19 pandemic, or museums struggling with attendance, but about whether the bond between the donor of work – often the artist – and the recipient of the donation – the museum – can be severed.  Does a museum ever have the right to sell work that has been given, or acquired?

Is it a reasonable expectation that an artist who donates work to a museum can expect future generations to be able to view their work in perpetuity?  While the museum may not be required to always have the work on display, is it a reasonable expectation that the work should at least be available from the stacks to be viewed by researchers, or other interested parties?

Many museum directors have voiced opinions about the new policy, but this is not a discussion for one museum, or the next, but rather whether it is a reasonable expectation on the part of the artist that forever actually means forever.  That a gift is permanent and cannot be sold to either buy other work, pay salaries, or keep the lights on.

In a recent auction sale at Hindman in Chicago, the Houston Museum of Fine Arts sold a group of Eugène Atget Photographs.  There was much celebration surrounding the successful sale.  One might argue that in the photography realm, doubles of the same photograph exist and perhaps having the right to sell doubles would be acceptable, but where does this stop.  The tip of the iceberg, perhaps?

I know several photographers who are working feverishly not to leave their heirs the challenge of finding a home for their work.  They are attempting to settles their estate during their lifetime and being happy in the knowledge that a gift to a great museum is going to give them and their descendents eternal peace of mind.  However, the new policy from the Association of Art Museum Directors and perhaps future decisions by this self-governed association, may well suggest that any gift or donation, or acquisition comes with an * giving consent to unilaterally sell it later.

Imagine if a photographer’s work falls out of fashion, and can be sold to the highest bidder because a Director, or Board of Directors, says it is appropriate to do so to pay for the salary of a new curator, or a new frame for a work by another artist.  What is a reasonable expectation?

Can one museum be deserving of our confidence, while others are ‘maybes’, and yet others are outright ‘high-risk’.  What is the Government’s role in preserving our past and not bowing to trends, pressure groups, or political correctness.  It is one thing not to show particular work, but selling it, or worse, is that a decision for the here and now, or is that a decision that we should happily kick down the road for future generations?  There are no backsies, once a sale has been made.  There is no coming back from a decision that in the future could be deemed poor, or even terrible.

Is it morally acceptable for a future Board of Directors of a given museum to sell off work with a simple vote by a temporary majority?

Harbel

The Danger of the Artist’s Statement

I recently purchased a photograph by a young Greek photographer.  I really enjoyed the feel of the image and the mystery that he has achieved with what could either be simple analogue tools, or some heavy computer intervention.  I prefer to think it is the first!  Of course.

I did what I always do, ignoring the context entirely.  The photograph was in a selection by the photographer that showed up this morning in one of my photography newsletters.  I figure that given all the shows and exhibitions around the world that are suffering either from COVID-closure, or a very restricted audiences, that we owe it to the photography community to buy a piece here and there to keep everyone committed to their art in bread and water, if not steak and Chateau Lafite.

I may have made the purchase as a reaction to the news that for the first time in 20 years, I will not be attending Paris Photo, which was cancelled yesterday.   The Paris Photo organizers hung on much longer than they should.  My gallery friends said months ago that they would not take booths this year… that 50% of sales go to the United States, and given what is going on in the US, it would be unlikely that many, or any Americans would attend, or even be allowed to attend, etc.  Long story short; Paris Photo finally bowed to the increasing number of COVID cases in France and elsewhere, as well the recently imposed restrictions on the size of crowds.

Feeling my growing depression over not going Paris Photo, I was so pleased to see something I liked in one of my newsletters and jumped on the chance to acquire a super photograph.

But, I digress… the reason for today’s blog entry is for me to perhaps suggest that there is great danger in the written word.  Personally, I don’t like artist’s statements, nor do I like curator’s commentary most of the time.  I like to let a photograph speak to me on it’s own terms and having that impression help form my interpretation of what is happening in the image, and my response to it. 

The danger to me comes when the artist sets out on some kind of verbose rampage and completely messes with my feeling, or interpretation of a work.  There is a degree of risk here.  Because, if I see it, love it and want it, but then read that my reaction to the image is completely off side, relative to what the photographer says she, or he intended, one of two things happen:  Worst case; I turn around, shake my head and walk away, or best case; I buy it anyway and spend the rest of my life trying to dispel from my mind the statement made by the artist.

Karabelas, Nasos – Woman #101

The image here I love.  Beautifully executed, the image allows my imagination to go wonder, while the other half of my brain goes on to an internal dialogue about the technical aspects of the execution – utterly hoping that it is not all about software.

Here is a portion of the artist’s statement:

“…..  Each photo is an entity, which includes a certain mental condition. So, we are dealing with a variety of emotional loads within a world that is equally ambiguous with ours. The forms obtain a dreamlike dimension. Sometimes you can not easily understand their contours. Τhe exploration of the forms inside the photographs gives us the opportunity to discover the various aspects of our psychosynthesis.

In this particular case, I went ahead and purchased the photograph, because I really think it is a great photograph, but it was close.  I almost walked away.

The lesson here is to not overthink the work, or at least let it speak for itself, because paraphrasing one of my favorite Japanese photographers: If I could write, I would not be a photographer.

Harbel

The World of Photography Knew it was Inevitable. Yet We Mourn.

Robert and Fred died within a day of one another.  Both hugely significant in their own right, and while one will always overshadow the other, it would be a great shame for one to be lost and not given the proper attention that he deserves…..

On Tuesday the September 10th, it happened.  What everyone had been expecting and nobody wanted.  Robert Frank, perhaps the most important photographer of the 20th century passed. I have a great passion for the type of photographs that Robert Frank made.  Frank’s timing was not always perfect, his focus sometimes a little off, even his lighting was sometimes a little too hard, or too soft, but he captured images that forever changed photography and gave him almost mythical status.  Among those of us who like to think we make photographs in a certain tradition that for all intents and purposes link directly back to him, he is a god.

Robert Frank had an uncanny ability to see things that captured the essence of our existence.  I doesn’t matter if you look at his later work, which was more cerebral, or if you look at his break-through portfolio ‘The Americans’, it was always about capturing an honest, unembellished truth.  The essence of an American town, a rodeo, a road leading to eternity, or a tuba.  His images were not all individually outstanding, though many were, but they have an honesty and a virtual time-stamp that bring out the best in time, place and circumstance.

Robert Frank was Swiss, he captured America with an open mind and an open heart, as only one from ‘away’ can, which leads me to the second thing that happened that week……

The day before, on the 9th of September, in Vancouver, a city known in photography circles mostly for contemporary work – some in large light boxes – the passing of Fred Herzog went largely unnoticed, except by those who either knew him, or admired his visionary approach to colour photography. 

Vancouver in the 1950s was a backwater, a pacific port with lots of warehouses, ships coming and going and a departure point for those engaged in the mining- and logging industries.  Not particularly refined, nor particularly pretty.  With a setting between ocean and mountains it had a great canvas. But as only we humans can, it was a lot of front row industry, a busy, dirty and noisy port, lots of really bad neon, bars, wooden houses that looked ever so temporary, surrounding a couple of monumental stone buildings, that would eventually come to anchor what most will now agree is a world city. 

Transience was the nature of the old wood houses that were usually no more than a couple of stories high, set in a tight geographical setting that over time would require much densification and endless high-rises.  As such, much of what was around in the 1950s and 1960s has been erased.  Virtually no evidence of the frontier town by the water remains.  Thank goodness for Fred!  At a time when colour film was slow as frozen molasses, and people still moved as quickly as they do today, Fred captured Vancouver in a way that is both local and global.  He found qualities in simple new cars in an alley, a sea of neon lights, the interior of a barbershop, a window at the hardware store, and in people who look like they are from everywhere. 

For most people these scenes are difficult to place geographically, other than it being somewhere in North America, but that is what makes them great.  Herzog doesn’t dwell on the incredibly beautiful Vancouver setting with mountains, sea and sky, but on the urban.  Often the slightly gritty urban.  His head-on elegant use of colour and composition with people peppered in for good measure, always in just the right number and somehow perfectly placed, gives rise to his great eye and masterly skill, using tools that today seem almost impossible to handle well.

The Equinox Gallery in Vancouver still has a great selection of Fred Herzog’s work.  It is still attainable and exquisitely printed from the original Kodachrome slides that in miraculous fashion have survived less than optimal circumstances.

Fred’s work found its way to Paris Photo a few years ago, the annual mecca for those, like myself who are consumed by great photography.  A bold show of only Fred’s work took up an entire, large booth at the seminal event of the year.  It was a popular stop for collectors, who found something new, exciting and rooted in photographic excellence.

Fred worked for the University of British Columbia for almost as long as I have been alive.  He started the year I was born.  He photographed in the name of science and in his spare time out of personal obsession the city he came to love from a very early age.  Anecdotally, he came to Vancouver based on a single photograph in a geography textbook at school back in Germany, where he was born, during a time of great upheaval. 

Fred came to Canada in 1952.  He leaves a legacy, having captured a vanished time, but while geographically specific and significant, also of great universal appeal.

Ulrich Fred Herzog was born in Stuttgart, Germany, September 21st, 1930 and passed away in Vancouver on September 9th, 2019. He was 88.

Both Herzog and Frank were not from where their most famous work is made.  Is this significant?  Does the outsider see differently…?  Save that for another day.

Harbel, Donostia

A Conspiracy of Ravens

You travel the world, and while it is different everywhere you go, certain things seem to remain the same.  Take for instance the presence of certain birds.  It seems that wherever you go there are pigeons, crows, seagulls – at least where there is water nearby – and of-course the humble house sparrow. 

In photography, there are a number of people that have focused on birds, as do I when I see the opportunity.  At the moment there seems to be a bit of a wave happening.  For instance, there is a French publisher, that has gone to a number of well-, or lesser known photographers and asked them to put together a book of photographs with birds. 

The books are small collections of maybe up to 50 photographs, put together and sequenced by the photographer.  Different photographers feature birds, others simply have birds as an accessory.  All are photographs, where birds take on great importance, either by design, or accidentally, adding a certain instantaneous urgency to the photograph. 

The sudden flight of a bird, or something as transient as a bird temporarily sitting on a branch, or on the head of a statue, or flying through the air just so, might make the difference between something wonderful, or something very ordinary.

Cases in point are two photographs, which I judge to be the best of their kind.  The first by Pentti Sammallathi, is a purely serendipitous composition, which in a photographer that does great work, time after time after time, is perhaps not a coincidence, but rather extremely observant.  Or perhaps just plain lucky.  

A tree devoid of leaves and looking like either the dead of winter, or death itself, comes back to life for an instant, when the plumage of leaves may be seen for no more than a fraction of a second, created by a passing flock of birds.  The scale of each leaf, or in this case each bird, relative to the tree, lets the viewer contemplate for a brief second the splendor of a tree fully in its glory, at a time when in fact, it is either dead, or dormant.  It is perhaps a metaphor for life itself.

Sammallathi, Pentti – Delhi

The second, and equally as incredible photograph, is a much, much darker master-piece by Masahisa Fukase.  A Japanese photographer, I will confess that I did not know well, until I saw a show of his in Amsterdam.  He had a strange, photography obsessed life, where at the height of his career, where so many wonderful things could have happened, he fell down the stairs and spent the last 20 plus years of his life in a coma, on life-support, never regaining consciousness.  The photograph may or may not say something about a photographic career, or it may say everything.  Fukase worked on a project in the unforgiving winter of the north of Japan, where he made photographs, which resulted in a book that has achieved cult status, and fortunately was recently re-issued, called Raven.

Fukase, Masahisa – Ravens

This particular photograph is of a tree, where a large number of crows, or ravens have taken shelter for the night.  The scene is dark, yet because the photographer used a flash to make the photograph, the eyes of the birds reflect the light and this is captured on the film, as white dots.  It is as though the birds are all watching the photographer.  There is something incredibly ominous about this photograph.  Something very Hitchcock.  I am usually not a great fan of flash photography, and never use one myself, but in this case, it works.  The result is both scary and magnificent, all at the same time.  The Murder of Crows, or the Conspiracy of Ravens.

Birds animate a photograph in ways very little else does.  Maybe that is why many photographers like them in their photographs.  A simple fly-by can change the mundane to the inspired.

Harbel

Just Because We Can Doesn’t Mean We Should – Photography as Conceptual Art

I read this morning that a body of work by Annie Leibovitz is being presented at Art Basel as a 200 cm x 100 cm composite of her Driving series from the 1970s and early 80s.  While this on its own is not great shakes, it goes to the continuing issue of bigger is better.  Instead of 63 images in a book, these have been assembled in a digital grid – 9 across and 7 down – unlike the original images, which were of course analog.  So, how do we read this.  Is it a means to an end, as in achieving a huge price point, for a work by Annie Leibovitz?  I don’t get it. 

Leibovitz’s gallery, Hauser and Wirth – a Gagosian Gallery in training – when announcing their exclusive representation of the photographer, said among other things:  “…through a poetic body of far-reaching work Leibovitz has become an avatar of the changing cultural role of photography as an artistic medium”.  I don’t even know what that means….. 

Hauser and Wirth is a global super gallery that represents few photographers, a lot of conceptual artists, and I guess, now Annie Leibovitz.

I have a lot of time for Leibovitz’s work in her days at Rolling Stone Magazine, but sadly, I think she lost it a bit over time going to large crews, huge production and lighting get-ups and sadly more and more digital manipulation.  The final straw for me was when I read that she shot Queen Elizabeth II for an official portrait and then decided it was better if she moved her outside, expect she only did that on the computer, so we have a photograph taken inside Buckingham Palace with perfect, controlled lighting and a completely fabricated background.  Maybe she was thinking of Renaissance portraits that often had highly imaginative landscapes in the background, like the Mona Lisa? 

Leibovitz, Annie – Queen Elizabeth II

All this to say that I am a great admirer of Leibovitz’s handheld, spontaneous and opportunistic photographs of artists and people driving cars, but she seems to have lost the plot and is now represented by a gallery that is playing with the price point of her work to create a new and different Annie Leibovitz, no longer a photographer, but some kind of conceptual artist.

Incidentally, Hauser and Wirth also represent August Sander, about whom they say “Sander is now viewed as a forefather of conceptual art…..”  Serieux?  The same August Sander that the gallery quotes on its homepage, just a few lines above, saying:  “I hate nothing more than sugary photographs with tricks, poses and effects. So allow me to be honest and tell the truth about our age and its people”. I guess you will say anything to get your artists to fit within certain gallery parameters.

One has to wonder about the big global galleries (read super expensive) that are said to manage the careers of their stable of artists, and, I am told, unceremoniously dump them, if they cannot reach a particular price point within a certain period of time. These galleries usually will show a variety of artists; great masters of modern painting and sculpture, contemporary artists and the occasional photographer.  They will include the photographer, because the gallery’s clientele is the super wealthy that will pay top dollar for art recommended by these galleries, and at the moment, photography is cool.

But how do you solve the price point? Bigger is better, seems to be the answer. Gursky’s huge digitally manipulated plexiglass mounted images, or Jeff Wall’s equally huge digital tableau prints and light boxes, help justify the price. Now, you can add Leibovitz’s 9 x 7 grid of drivers in cars.

One has to wonder, if clients are actually buying art, or are buying a gallery provenance.  Do they say:  ‘I bought this at Hauser and Wirth’, or ‘I bought a photograph by Annie Leibovitz’.  A guess? …….Anyone?

Annie, the Avatar, as defined by Webster:  “An electronic image that represents and may be manipulated by a computer user”.  Appropriate?  I am sorry Ms. Leibovitz has chosen this path.  Her work deserves better.

Harbel

The Mystery of the Crying Frenchman


For many years, I have looked for a print of the famous war photograph that shows the profound sadness and despair among Frenchmen, not loyal to the Vichy puppet government.  I finally found a press print. 

Anonymous – The Weeping Frenchman

Like so many other mystery photographs, this one is attributed to an anonymous photographer. Some sources I found, say the Associated Press. But always one for a good mystery, I started looking a little harder.

There is newsreel footage from a solemn time in Marseille (not Paris, as has been assumed by many) where a parade of French Regimental Banners left French soil for safe-keeping in Algeria, so as not to fall into the hands of the advancing German Army. The banners left France onboard ship, returning only with the Invasion by Allied Forces towards the end of the war.  I assume this would have been in the fall of 1939.
I have always wondered why no photographer ever took credit.  Why no print was ever made that didn’t seem a little muddy.  As though the only way to print this image was from a not-so-great inter-negative.  Not an original negative.  Not a first-generation print.  I always thought the image was so good that the quality was perhaps secondary. Perhaps the image was so important that I should look for it even if it wasn’t in perfect condition.

But then, the great reveal………  I found this old newsreel on Youtube of all places.  The link is here, posted by someone called “All is History”:

Here is a screen capture at 29 seconds:


There is no way that a photographer would have been able to take a photograph at the exact same angle, from the exact same place, at the exact moment.  In other words, the credit for this incredibly important image goes not to a photographer, but to an unknown cameraman, covering the news.  Part of a newsreel for everyone to see in the theaters of what little remained of a free Europe, before the feature film that would follow.

It is a mystery that has probably been solved.  It is perhaps a little sad, as we now know that in fact there is no anonymous photographer, but rather a cameraman, who was in the right place at the right time.  Of course, now the cameraman is elusive, but that is a mystery for another day.

The ‘photograph’ of the crying Frenchman has become legend.  It has become the embodiment of so much pain and suffering by the occupied people of France.  It has been claimed as showing a heart-broken spectator to the German army marching down the Champs Elysee.  But the footage does not lie.  The voice-over tells the story: 

“Gone is the Republic of France.  Gone is free speech and a free representative government.  Gone is liberty, equality, fraternity.  With their ears they listen, but their minds and their hearts are down by the Mediterranean, where the colours of the regiments are being taken to Africa, out of the Nazi grasp.  The people weep, as their glory departs, but they don’t as yet know that France has hope, a rallying point.  Charles de Gaulle, a soldier in the great tradition of France is not surrendering. He will continue to fight, gathering about him loyal Frenchmen from all over the World, who become the free French army.  The fighting French.  Yes, the people weep as they watch their colours go, not knowing that two years later these same flags would be unfurled in North Africa.”

Clearly, the footage is a mix of film from different locations and different times.  The voice-over must have been added later. The mix of Charles de Gaulle footage and the footage of the banners leaving Marseille are not contemporary. However, the footage of the crowds and the banners leaving, I believe, are indeed from the same reel and as such, I can see nothing that would dispute either the origin of the photograph, or the ‘photographer’, the unknown cameraman.

Let me close by saying that I love the photograph.  I don’t care that it is a single frame from a few feet of film.  It is I believe a symbol.  A moment in time.  What a photograph can sometimes do when it is very successful.  It stands as a testament. 

It is France at a time of deep sorrow, captured forever in a photograph.  A single frame.

Harbel

In Support of the Vintage Photograph

In continuation of my previous entry on the Vintage Photograph, here is Part II:

The case for giving special consideration to the vintage print is straightforward and logical. Consider that until only a few years ago, there were very, very few collectors and no photography market to speak of.  Until very recently there was no reason for a photographer to print multiple prints of the same image? He might print a couple to swap or give to close friends, fellow photographers, or on occasion send out in lieu of a Christmas card.

Following the argument that the vintage photograph is as close to the original vision of the photographer, the vintage photograph is the panacea of collecting.  Add to that the fact that there was no photography market until very recently, there are no more than a small handful of any given photograph.  More often than not, vintage photographs will be small in size.  They were easy to send, or give away, so the most likely size of a vintage photograph is 8″ x 10″ or smaller.  This is the real deal.

The source for vintage material is often the photographer directly. But just as often the source is wherever a photographer might have sold his work, a commission for a magazine, a company, or a person sitting for a portrait.

It is not that long ago that a career photographer would simply send over a print with the original negative to whomever gave the assignment, and that would be it, as far as the photographer was concerned. As a result, many now-defunct publications and newspapers had filing cabinets full of original prints and negatives sitting in a dark basement or storage room.  Some photographs are lost forever, known only from the magazine or newspaper where they appeared.  Some were picked from the dumpsters by what now must be seen as very wise and foresightful people. Some were sold in bulk to junk dealers, antiquarians, or antique stores. Wherever they went, they never seemed to make it back to the photographer.  These are the true vintage photographs.

Some large publications – which shall remain nameless – tried to sell photographs they had in their archives. With the market for photography going up dramatically over the past two or three decades, I am sure you can imagine the CFO getting wind of the goldmine sitting in the old filing cabinets in the basement. However, seller beware; a number of publications have been sued successfully by photographers for not returning material to them after use. So far, living artists have been more successful than estates in winning these types of cases, and I am sure many more battles will be fought before it finds an equilibrium.

Giving strength to the photographers’ claim to their rightful property is the famous Magnum Photos cooperative.  The cooperative was founded by some of the greatest photographers of the 20th century, and changed how photography is treated by the media. As a first, Magnum photographers retained the rights to a given image and licensed the media to a single use of a photograph by way of a contract, forever changing the value of the photograph and limiting its use. Magnum changed the balance of power between the publication and the photographer.

But back to the case for the Vintage Photograph….. The price of a vintage print by Edward Weston can go into the mid-six-figures, whereas the prints from the same negative printed by his son Cole will be in the four- or low-five-figure range. Edward Weston watched Cole print, he approved the prints, however to the purist, they are just not the same. There is no contest.

If you find a good image in a garage sale, flea market or antique store, give it a good look, see if it is stamped and maybe even has a scribble on the back, and you may have a small or even a large jewel for your collection. Always look for vintage first. It is the photograph in its purest form.

Harbel

 

The Vintage Print – What is it? – Why should I care?

The much abused and maligned term Vintage Print is perhaps the most hotly debated attribution of all. But what does it mean? And perhaps more importantly, why does it matter?

My definition, which I think is probably accepted by most dealers and galleries is a photograph printed by the artist within 12 months of the photograph having been taken and the film developed.

But why does it matter? The argument goes along the following lines: A photographer makes a photograph, develops the film and makes a print, all immediately following each other without any real lapse of time. The hard core collector will argue that this represents the most authentic version of the photograph, as it is perhaps the best representation of what the photographer had in mind when the shutter was pressed and the image made.

The debate about the significance of vintage the vintage photograph will go on forever, but it is very much part of the vocabulary among collectors and dealers. Two collectors chatting will refer to a photograph as a ‘vintage Brassai’, as opposed to a ‘nice Brassai’ or a ‘great Brassai.’ Collectors value the term ‘vintage’ as part of their code and use it frequently, sometimes loosely. Think of it as a type of insider lingo that confirms that you know of which you speak.

The generally accepted rule seems to be as I have stated above, but what if a photograph is printed within two years of being taken, or maybe three? History has a way of compressing itself.

In historical terms, the Hundred Years War between France and Germany was actually not a war that lasted 100 years, but a series of wars that in combination took about a hundred years. In the same way, when our descendants sit in the classroom in a couple of hundred years’ time, the First World War and the Second World War will have become simply the World War.

Using the same logic, the definition of what is a vintage photograph becomes more fluid in the eyes of some dealers and collectors. If a photograph was taken in March of 1930, developed in March of 1930 and printed in April of 1930, everyone agrees that it is a vintage photograph. If it was taken in 1930, developed in 1930 and printed in 1933, the definition no longer applies, but the further we get away from the 1930s, the more compressed time becomes and the more tempting it is to regard the 1933 photograph as being ‘close enough’ to vintage that it enters the gray area that is termed ‘vintage’ by some.

Of course, another factor in dating photographs is that barely any photograph is stamped with a date, or dated by hand. As such, a lot of decisions become somewhat subjective and the materials and the visual inspection by experts starts to determine ‘vintage’ versus ‘printed later.’

Experts use a number of variables to judge whether they will call a photograph vintage or not. Provenance is of course a major factor. Provenance, as you will recall from my previous blog, is when you can prove by documentation the history of the photograph. This includes letters, receipts and other documents that show where and when you acquired the photograph and where it was prior to that. In the case of a weak provenance, other factors will help determine the classification of a given photograph.

In 20th century photography, the determination of ‘vintage’ versus ‘printed later’ can hinge on things like the paper the photograph is printed on and the appearance of a photograph in comparison to other work from the time by the same photographer, already known to be vintage.

It is a generally accepted fact that up to 75 per cent of the world’s Rembrandts are by other artists, contemporary to Rembrandt. There is a society that spends all its time and energy authenticating paintings by the Dutch master. On a much smaller scale, there are connoisseurs of photography that specialize and are regarded as experts on specific periods in photography, or specific photographers. In the case of Rembrandt, the sciences determine the age of the canvas, the pigments used, the solvents, the varnishes used, etc. X-rays will determine underpainting, sketches and other invisible secrets. But science can only go so far. The Rembrandt expert will look at brushstrokes, the particular way in which an eye is painted or a shadow laid down and from experience will look for all the secret identifiers that determine whether a work is by Rembrandt or one of his associates, or even someone completely outside the circle of the master.

In photography determination of authenticity and age is similar. Certain photographic papers were only made for a short time and analysis of the fibres in a photograph can often determine the age of a print within a range of a few years. In the same way as the Rembrandt expert looks for tell-tale signature traits of the master, the expert on a given photographer looks for specific things in a photograph.

A photographer will during a lifetime likely change the way he or she prints, but during a relatively short period, the printing method and appearance of the finished print is likely to be fairly consistent. The expert will look at similar prints in various collections, private and public, and will through comparison and experience lend his name and reputation to whether a particular print is vintage or not. Of course this is not an exact science, but the collectors give certain experts a lot of respect, and their say-so is good enough for most to accept that a work is indeed vintage.

There are some interesting variations on vintage. What, for instance do you do with a photographer who does not print his or her own work? But that is for another blog.

Harbel

 

Provenance – the importance of a little paperwork

When looking to buy a photograph, there are a few things to consider and be comfortable with. In photographs, like most other arts, perhaps the term Provenance is the most important of all.

Provenance is the collective term for the chronology of ownership from creation to the present day of a work of art. In other words: Who made it, where has it been since it was made and, who has owned it along the way.

The ultimate provenance is a photograph obtained by you, directly from the artist. This is asserted by a receipt made out to you that says you own the photograph. The receipt must be signed, made out to you, dated and it should include a very specific description of what you have acquired. This might include a description or title, the image size, paper size, the print number, if it is part of an edition, and any other pertinent information. It should be a proper receipt, consistent with other receipts from the artist – preferably not written on a scrap of paper, or the corner of a napkin. The receipt together with the photograph itself is the ultimate provenance, confirming that the photograph came to you directly from the photographer.

If you know the photographer, or perhaps have enough presence of mind to ask while in the glow of the halo of the master, you can ask for the photograph to be dedicated to you. The dedication might read: “For Mary Smith, best wishes, Lee Friedlander, June 5, 2010.”

You should know that some collectors find a personal dedication a negative factor when buying a photograph.  Some people don’t like showing off their photograph collection with dedications to people other than themselves, while others find any writing on a photograph, aside from a stamp and signature of the artist, to be undesirable. This is of course very subjective, but just be aware that some collectors will take issue with a dedication.

On a personal note; I have a photograph by one of my heroes, Marc Riboud. It hangs above me as I write this. It reads: “For Harbel, new best friends forever, Marc Riboud”. I asked that he write below the image, right across the front. I have framed it so that you can read the inscription. Of my entire collection, it is the only photograph that I have framed where the mat does not cover the signature. Usually, I find a signature distracting, but in the case of Riboud, I smile every time I look at it and read the inscription.  However, I do acknowledge that it has probably deducted a few bucks from the value of the photograph. Not everyone likes a photograph dedicated to someone else. But I digress…..

Failing this direct provenance, we now move into progressively more gray areas. The best in a retail environment is a receipt from the dealer, or gallery representing the artist. A receipt from the dealer accompanying the photograph is usually good provenance, particularly if it is a respected dealer in the photography community.

If you are buying from a fellow collector, and that person can present a credible receipt together with the photograph, that is pretty good provenance.

But as the string grows longer – more owners, more galleries between you and the artist – the facts become harder to check.  Auction houses, even the best ones, will have a long list of words that they use to cover themselves, like: “believed to be…”, “from the period…”, “property of a relative…”, “school of….”, etc. The bottom line here is that the more credible you think the paper-trail is, the better.

All rules have exceptions. Sometimes the provenance is less important. This sometimes happens when the previous owner was famous or had particular significance to the world of photography or art in general. This can change everything. An example would be a photograph that was owned by, let’s say Picasso.

Likewise, sometimes a photograph comes from the estate of a famous person, logic and even common sense, often goes out the window in this case. In the auction of Andre Breton’s estate, photographs sold for 10 times their high estimate, because they had belonged to Andre Breton, which begs the question whether it is still about the photograph at all, or about owning a little piece of Andre Breton.

Your tolerance for risk determines how you might feel about a photograph that you wish to acquire. But, always remember, if you love the photograph and know what you are buying, or at least are aware of any downside, should you wish to resell it at a later date, then by all means, go for it and enjoy! Sometimes passion is all that really counts.

Harbel

The Gastronomy of the Eye

I have been asked to put together an exhibition on the theme of Paris and France for a brand new spot in Copenhagen, Denmark. Having spent extended periods of my life in the City of Lights, this is a very welcome challenge.

Location is not usually a way I think about my photographs, and putting together the show presented an interesting challenge. I started to think about the idea of the flâneur. A flâneur is a uniquely Parisian term, rooted in Old Norse, where a verb flana meant to ‘wander with no purpose’. In sixteenth century French the verb flânerie evolved and took on the meaning of “idly strolling with no particular urgency or destination”. In the nineteenth century someone engaging in flânerie became a flâneur. A person widely romanticized in the second half of the 19th century by the likes of Baudelaire, who referred to the flâneur as one who engages in the ‘botany of the sidewalk’, and Balzac – who gave me the title for this show – referred to the flâneur as someone engaged in ‘the gastronomy of the eye’.

What can one say about Paris? She is in your blood. Nowhere else does a river, acres of cut stone, and uncompromising nineteenth century urban planning come together to successfully form a city that dreams are made of. A city of light, of enlightenment, philosophy, and fifty years ago, where the spirit of ’68 erupted to echo around the world, so very apropos.

People who live in Paris have found a way to coexist and share their good fortune with millions and millions of visitors each year. Parisians get on with their lives, enjoy their croissant, their café-au-lait, their petit verre and slices of saucisson sec. More often than not, they do so on the sidewalk, protected by an awning, sitting at tables that are impossibly small, on chairs that are comfortable, but not too comfortable.

Paris is a tempting mistress. A place where you can disappear and be the photographing flâneur. I wander the streets of Paris, soaking up the atmosphere, taking in the smells, merging with the pavement and the walls to see, but not be seen. I see, compose and photograph, only to once again fade into the background.

If you happen to be in Copenhagen, please visit the exhibition anytime after April 19th, 2018 at: Frenchy, Store Kongensgade 69.  Frenchy serves a mean coffee and the brunch is legendary.

Harbel

For more information, visit harbel.com

 

 


 

Colour Photographs and the Collector – it is all about trust!

It used to be simple; photographs had a colour palette that went from black through the grays to white. Variations, such as the albumen photograph ranged from dark brown to light cream, and cyano-types went from an almost black marine blue to the palest of blue/white. However, throughout the history of the medium, most photographs were what we would call black and white.

Experimentation with colour started almost as early as photographs were stabilized on paper or metal. In the beginning, colour was simply applied with a brush to the black and white image. Early portraits got a healthy complexion with pink lips and rouged cheeks at the hands of the skilled touch-up artist. Later, a variety of methods were developed to show colour in photographs.

Unfortunately, most colour methods have not stood up well to the passing of time. Most have faded, colour-shifted, so that faces have turned from healthy to very sickly, and clothes, grass and trees turned to colours that are brown and muddy. Most older, colour photographs have simply lost their brightness and sharpness. Just have a look at your own family albums…. they look a little muddy and have that ‘old’ look to them, right?

I know of only two methods that are truly stable. One, the dye-transfer process, is no longer used because it became too expensive. Some great photographs were made using this method, but sadly no more. Ernest Hass was maybe the most consistent user of this technology. The second, is the Fresson process. Fresson printing a multi-step laying down of individual colour layers and is still done today at a single family owned lab in France. The closely guarded secret process has not changed in nearly a century. Sheila Metzner is a strong proponent of this printing method, as is the interesting French photographer Bernard Plossu.

Every so many months new inks are developed for new generations of digital printers, new and improved papers are developed. For many years, dating back to the 1940s, Kodak and Fuji went through many, many generations of ‘new and improved’, as have the print, ink and paper manufacturers that produce both the high-end commercial jobs, and the home-use printer you have sitting on the corner of your desk. But is it stable?

A 740 page whopper of a book, still regarded as something of a bible in colour photography, “The Permanence and Care of Colour Photographs” by Henry Wilhelm, is now more than 20 years old. But, it is still often referred to by those that are interested in colour photography. The book dives deep into 20 years of extensive research into the colour medium in photography and how it ages.

Published in 1993, this book describes in great detail all that has gone wrong over the years in colour photography, promises that were broken by suppliers of film and paper, only to be renewed with the next generation of printing technology. Perhaps a little surprising, Wilhelm, ever the optimist, too concludes that nirvana is imminent with new processes being proposed and new in-organic inks arriving on the scene that will change everything.

I am not sure what to believe. I have 5 colour photographs in my collection; One Fresson, two dye-transfer prints, two prints by the Saul Leiter of Canada, Fred Herzog. The latter two are modern digital prints. Don’t ask me what inks are used, or even what paper, but I have a document from the gallery that guarantees the images. The photographer, Fred Herzog is more than 90 years old and the gallery almost acts for him, so I am comfortable with my ability to replace my two images.

But, what if you are considering buying a terrific colour photograph? If it feels right, looks right and meets all the critical considerations that are important to you, as a collector, the obvious answer is to recommend that you buy the photograph. Love it. Enjoy it, but be aware…

Photography collectors have long suffered from chromophobia – the fear of colour. Many have seen fabulous work simply fade, colour shift, or virtually disappear in front of their eyes and are understandably cautious. But that may be the past. You, the modern day collector with no baggage, no prior catastrophes, may fell ready to take on the endless possibilities that colour represents.

Personally, I would make sure that when you buy colour work, the artist (even if you buy through a gallery) guarantees the work and will offer nothing less than a full refund or a replacement print, in the event of a small or epic failure. And do get this in writing signed by the artist, in the event the gallery where you bought the work should fall on hard times and disappear.

I only make black and white photographs, so thankfully have much less to worry about!

Harbel,
Bordeaux

See more on my website: harbel.com

Buying Photographs now!

A few years ago, the photographer Cindy Sherman, was written up in The Wall Street Journal as being the best investment in art over the past 25 years.

Cindy Sherman does not sell at photography galleries as a general rule. Her work is sold with contemporary art, i.e. graphic art, painting, sculpture and mixed media work. Andreas Gursky, the German photographer, I understand, refuses to sell his work through photography galleries and sells only through art galleries that carry a multitude of art forms. Why is that?

Meet Mr. Jones, a wealthy investment banker (fictional of course). When Mr. Jones goes to his dealer and gets ready to drop his annual art budget of a couple of million dollars, he does not even give photographs a second thought. That is because the galleries that he would typically frequent do not carry photographs. He will stand in front of a Basquiat graffiti-esque canvas and will study it, look at the $2.5 million price tag and think that this is quite the work and quite the steal. After all, the dealer assures him that Basquiat has sold for much more than that at recent auctions.

If Mr. Jones were to walk down the street to a photography gallery, he would walk in the door and see prices that are usually only a few thousand dollars. Typically, contemporary work is in the low four to five figures. He looks around, goes into doubt-mode and wonders if anything this cheap can possibly be good art. More importantly, at this low price point, it cannot possibly be appropriate for his next dinner party, when he will proudly show off his new Basquiat.

This is precisely why Sherman, Gursky and a handful of others sell in a mixed gallery where their work is displayed side-by-side with painting and sculpture. Going this route the artists have broken the price barrier that photography has imposed on itself.

When I speak with dealers, they acknowledge the problem. Often the photography collector will walk into the gallery with a certain price expectation. After all, he believes he knows what photographs are worth, or at least what he used to be able to buy them for. Beads of sweat emerge when he sees the sticker price of $45,000 for a 30×60-inch photograph by a contemporary ‘rising star’.

If we now go back to our first shopper, Mr. Jones, he goes to his regular dealer and is confronted by a Cindy Sherman hanging next to his Basquiat and the dealer goes on and on about how important the work is and how it will go up in value and how his friends will admire his sublime taste in contemporary art. The dealer will tell him that photography is all the rage.

He doesn’t even blink at the price. It is cheaper than the Basquiat, but it has more conversation value, shows his open mind toward contemporary art – Basquiat is so last year he thinks, while slowly drawing on the Cohiba and sipping his vintage port.

The issue here is one of expectations and of the nature of the photography collectors. No more than 35 years ago you could pick up major photographs by major artists for under $100. Therefore the leap to $50,000 or more is a difficult one. But if you have not grown up in the photography world, or taken it upon yourself to learn a bit of the history, then in comparison to other modern and contemporary art, photography is cheap — dirt cheap.

It will take some time and effort to move off some of the prices that have dominated photography over the years, but it will happen, and when it does, if you started collecting today, you might just be the one with the Cohiba saying, “I told you so!” It is not a matter of if, but when.

Harbel,
London

See more on my website: harbel.com