If Lawyers & Courts Have Their Way, The Answer Could Be Yes New York - In a captivating legal case currently being adjudicated in the French justice system, questions are being asked about whether individuals who've sold antiques or artworks later determined to have a significantly higher value can seek additional compensation over and above the original sale amount. The case revolves around an unnamed eighty-one year old woman and her eighty-eight year old husband, who stumbled upon an African mask while clearing out their vacation home. As the couple sorted through their belongings, most of which were destined for a garage sale, they decided to put aside an African mask and sold it to a local antiques dealer for a seemingly modest sum of €150, equivalent to approximately $157, in September 2021. However, several months later, while perusing their local newspaper, the couple was taken aback by the revelation that their once-unassuming mask had just fetched a staggering €4.2 million (approximately $4.4 million) at an auction in Montpellier for African art. From the auction records it was revealed that the mask was in fact an especially rare example of a Fang mask used in certain secret African rituals, and came with a fascinating history, having been brought back from Gabon by the husband's grandfather, a colonial governor in Africa at the beginning of the twentieth-century. With a growing sense of injustice, the elderly couple decided to take legal action against the antiques dealer who had purchased the mask from them. The core of their argument centered on the suspicion that the dealer had a much better understanding of the mask's true worth when he acquired it. The antiques dealer, for his part, did not put the mask on display in his shop. Instead, he sought appraisals from two auction houses, Drouot Estimation and Fauve Paris, which estimated the mask's value to be around €100–€120 and €400–€600, respectively. However, the dealer's decision to seek a third opinion from a specialized auction of African objects in Montpellier was a game-changer. After subjecting the mask to carbon-14 dating and mass spectrometry analysis, it was dated to the 19th century. An ethnologist's expert appraisal revealed its use in purification rites by the Ngil society, a secretive group within the Fang ethnic community in Gabon until the 1920s. The auction house subsequently placed the mask for sale with an estimated value of between €300,000 and €400,000, ultimately selling it for a remarkable €4.2 million. The couple's legal team believes that the sale should be canceled due to their honest misunderstanding of the mask's true value. The case draws parallels with other instances where owners of artworks have sought restitution after misattributions were corrected, as seen with paintings by Nicolas Poussin that were initially attributed to lesser-known artists. The legal battle has already gone through several stages, with the antiques dealer initially offering a settlement of €300,000 (approximately $315,000) to the couple, which they rejected due to their children's opposition, as revealed in court documents. The couple proceeded to file their case in a judicial court in Alès, seeking an injunction to seize the sale proceeds along with damages. A protective seizure was authorized by the Alès court and implemented by a bank in southwestern France. However, the lower court later ruled in favor of the antiques dealer, returning the funds to him and ordering the couple to pay him damages and other fees totaling €3,000 (about $3,148). Unyielding, the couple appealed the judgment to the higher court in Nimes in November. The ongoing legal dispute underscores the complexities of decorative art transactions, the responsibilities of buyers and sellers, as well as the evolving nature of valuing cultural artifacts. As the case continues to move forward, the appeals court in France has once again ordered the seizure of the sale proceeds, totaling €3.1 million, until a final judgment can be reached. David Rabinovitch, a New York based lawyer whose firm specializes in high-end contractual sale agreements related to the decorative arts, believes that the case now unfolding in France could have a far reaching impact not only in Europe but in the U.S. and Canada as well. "It's obviously not precedent setting for us," says Rabinovitch, "but there's no doubt that judges will at least look to examples like these for input and direction when it comes to their own cases." Rabinovitch thinks the outcome of this case could also have a broader effect on the responsibilities and obligations of antique dealers and art market participants from around the world, further highlighting the fine line between someone scoring a deal, and someone ending up in a lawsuit. "We read about these great largesse finds happening all the time," Rabinovitch says, "but what about the more pedestrian examples of someone selling a houseful of Mid-century modern furniture for twenty-bucks... are they now entitled to a share of the dealer's profits as well?" Rabinovitch thinks that we'll end up having to draw the line somewhere, but that it will likely come as a series of court judgments first before anything else truly gets resolved. "It's just a matter of time,' he says, "all industries eventually get regulated to some degree." - A.I.A. Staff Writers NOTE: For readers seeking more information about the Asheford Institute Of Antiques distance-learning program on professional-level appraising, the study of antiques, collectibles, vintage and mid-century modern, please click here to visit the school's Home Page. Should you have additional questions about the Asheford program, you can also write to the school at: info@asheford.com or call the Registrar's Office toll-free at: 1-877-444-4508. According To One Expert It's Already A Fait Accompli New York - While tech giants and government officials may currently be debating Artificial Intelligence's (AI) largescale use and application amongst the world's citizenry, for people like Cameron Newley, it's AI's influence on smaller more niche related industries, such as the decorative arts, that has him contemplating some potentially significant marketplace changes that could result from this evolving technology. As a longtime researcher and technical collaborator who's worked within the field of Artificial Intelligence for over ten years, Newley says he has a unique perspective on how this burgeoning technology may end up affecting the antique and vintage community in years to come. While his area of academic credentials upon first glance may appear to lie in more scientific pursuits, Newley acknowledges that his real joy and passion comes from collecting and selling antiques; especially Victorian oils and watercolors along with early Art Nouveau posters. "I'm a collector at heart," he says, "my family was in the business, so dabbling in antiques and selling on-the-side has always come naturally to me." However, Newley also concedes that he's put some considerable time into analyzing the potential relationship between AI and the decorative arts over the past few years, as a natural twinning of his professional and personal interests. "There's no question that Artificial Intelligence is going to revolutionize the antique and vintage industry in various ways," says Newley, "from reshaping the way collectors, sellers, and enthusiasts interact with historical artifacts, to profound effects impacting authenticity assessments, pricing, market accessibility, and even conservation efforts." One of the most significant impacts of AI that's going to happen within the antique and vintage community says Newley, is likely to be its role in authenticity assessments. "AI-powered tools and machine learning algorithms can now analyze images, historical data, and item descriptions to identify genuine pieces from reproductions or fakes." Newley believes this will help collectors and sellers make more informed decisions, reducing the risk of purchasing counterfeit items. "AI can detect subtle details that are difficult for the human eye to discern," he says, "such as variations in brush strokes on a painting or the intricacies of a piece of antique jewelry." As a result of these advanced algorithms, Newley thinks it will eventually make the antique and vintage market a more trustworthy and secure space from which to conduct business. Another consideration that Newley believes will factor heavily into AI's future role within the decorative arts market relates to pricing. For many in the industry, including himself, putting a price on antique and vintage items has always been somewhat of a challenging task, influenced by factors such as rarity, condition, and historical significance. However, Newley notes that the latest AI algorithms can now process vast amounts of historical sales data and market trends to provide more accurate pricing recommendations almost immediately. "Collectors and sellers will be able to leverage AI-powered pricing tools to determine fair market values and set competitive prices for their items." he says. "This will not only benefit individual buyers and sellers but should also contribute to the overall transparency and efficiency of antique and vintage markets in general." Another interesting facet that Newley revealed from some of his latest research was the improved online market accessibility related to searching for various genres or items grouped under the general decorative arts heading. "Online platforms and marketplaces use AI to curate personalized recommendations for collectors, suggesting items that match their interests and preferences," he says, "These recommendations are based on a user's search history, previous purchases, and browsing behavior." All of which, according to Newley, when aggregated together, and then applied using a new set of algorithms, have enhanced most users overall browsing experience, making it easier for collectors to discover new items and expand their collections. However, it's not just the browsers that are advancing says Newley, while most of us are familiar (and quite likely frustrated) by online Chatbots that promise to help in lieu of an actual person, Newley says that those days of souless-conversation boxes will likely be coming to an end shortly, as the latest batch of online Chatbots are now being heavily infused with AI abilities, making them much more than just a customer support automaton. "AI-driven chatbots and virtual assistants are increasingly being used to provide detailed and complex answers to customers," says Newley. "These AI-powered tools will be able to assist potential buyers in their inquiries, offer historical context about antique pieces, and even provide information on similar items that may be of interest." Newley feels that this will inevitably make the antique and vintage market more accessible to a wider range of potential buyers who may not have had any previous or specialized knowledge in the field. "It's a way to give customers a lot more instant, and in-depth information related to a pre-purchase than they ever had before" he says. Finally, Newley believes that conservation efforts within the antique and vintage industry will also benefit from AI technology, as it will be able to assist in the restoration and preservation of historical artifacts. For example, AI-powered image recognition will help conservators identify damaged areas in paintings or sculptures and suggest appropriate restoration techniques. Additionally, AI can also aid in the analysis of materials, helping to determine their age and origin, which Newley says is crucial for preservation efforts. However, while AI brings numerous advantages to the antique and vintage landscape, it also raises some challenges and concerns, says Newley. "The overreliance on AI for authenticity assessments, pricing, and market recommendations may lead to a reduction in human expertise and judgment" he says. "Collectors and sellers need to be cautious and continue to value the insights of accredited experts within the field." Additionally, Newley believes that there are also some privacy and ethical considerations surrounding the use of AI within the decorative arts community. The collection and analysis of user data to make personalized recommendations raises questions about data security and consent. "It's essential for companies to address these concerns," he says, "to ensure that the use of AI technology is being implemented in a responsible way." In the end, Newley believes that Artificial Intelligence is likely to have a profound and lasting effect on the antique and vintage industry; impacting authenticity assessments and pricing, along with marketplace accessibility and conservation efforts. While Newley feels that these changes will no doubt enhance the overall efficiency and accessibility of the antique market in the long-run, he also acknowledges that it's likely to bring challenges related to human expertise and ethical considerations. "We have to be mindful of the fact that just as Artificial Intelligence is going to evolve, so must we in the decorative arts as well." - A.I.A. Staff Writers NOTE: For readers seeking more information about the Asheford Institute Of Antiques distance-learning program on professional-level appraising, the study of antiques, collectibles, vintage and mid-century modern, please click here to visit the school's Home Page. Should you have additional questions about the Asheford program, you can also write to the school at: info@asheford.com or call the Registrar's Office toll-free at: 1-877-444-4508. |
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November 2024
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