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Home » Archives » December 2005 » THE CHINA SYNDROME – Counterfeit Art Creates Problems

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12/07/2005: "THE CHINA SYNDROME – Counterfeit Art Creates Problems" by Barney Davey


I recently read 80% of the goods found in a typical Wal-Mart store are made in China. Whether the figure is accurate or not, it would surprise few consumers these days to read it. China has become the manufacturing floor for the world. Could there be a more telling event than venerable Big Blue, i.e., IBM, announcing earlier this year the sale of its Personal Computing Division to Lenovo Group Limited, a Chinese company?
 
The Chinese manufacturing skill has now risen to make them formidable in highly technical areas such as computers and chip sets. Even Nikon has cameras manufactured in China. In the art and picture framing business in recent years, Asian manufacturers have had a profound effect on moulding distributors and picture framing equipment manufacturers.

Those distributors and dealers who haven’t adjusted to lower cost Chinese manufacturers have come on hard times. Chinese manufacturers are now making high-end furniture and home accessories. It should be no surprise then that the art market is feeling the impact of Chinese imports.
 
You know the story is reaching critical mass when it is covered in the New York Times. Here is a quote from “Own Original Chinese Copies of Real Western Art!” in an article by the Times China business reporter, Keith Brasher:
 
“China's ability to turn what has long been an individual craft into a mass production industry may affect small-scale artists from Rome's Spanish Steps to the sidewalks along Santa Monica's beach in California, as well as many galleries and art colonies in between.

Artist groups in the United States are starting to express concern, questioning the originality of some Chinese paintings and whether they comply with American copyright laws.”
 
The November 17 broadcast of ABC World News Tonight ran this story: Chinese Counterfeits Pose Threats to U.S. Industry - Rip-Offs Include Everything From Golf Clubs to Van Gogh to Airplane Parts. It showed villages where Mona Lisa’s and Van Gogh’s are painted en masse.
 
So far, the competition has been in the form of oil paintings…by the pound, as some derisively refer to them. Until recently, there have been a relatively small number of Asian companies selling oil paintings to the semi-annual Decor Expo tradeshow that serves art galleries and dealers, picture framers, interior designers and the middlemen who job to big box retailers, contract designers and furniture stores.
 
While high profile industries such as software and entertainment have had an ongoing front-page battle over piracy issues with products being illegally manufactured in China, the relatively low-profile fine art reproduction and wall decor industry has not been immune to knock-offs. Nor is the growing threat less serious to them. For years, art publishers who produce fine art prints, art posters and giclées have sought to keep illegal copies from importers of flat oil paintings out of the tradeshows where they compete. Due to banding together to form the Art Copyright Coalition www.artcc.org, and to more vigorous individual defense of their intellectual property rights, publishers have had limited success in keeping copies of their work being displayed at shows.
 
According to a new item on his Website, Thomas Arvid, a popular and very successful print artist who specializes in painting wine, had knock-off works removed from the booths of offending companies at the combined Decor Expo and Artexpo Atlanta shows in September. Arvid also made news when, with the help of the U.S. Marshall’s office, he seized 146 counterfeit pieces of his work from a gallery in the resort town of Lake Geneva, Wisconsin. A visitor to the gallery tipped off Arvid’s office. The pieces, apparently produced in China, were selling for prices of $20 -$60. Arvid’s fine art prints typically sell between $1,000 and $2,000. His originals sell for more than $60,000.
 
Now as framed art sales are trending to big boxes and the Internet against a backdrop of rising Chinese manufacturing gains in markets that seemed unconceivable just a few years ago, the number of companies marketing very inexpensive oil paintings has greatly increased. The larger numbers create a growing threat to the U.S. art reproduction market.
 
Incredibly, these Chinese companies use an assembly line approach to creating art. The result is oil paintings produced at very low prices. In the past, a lot of this art was sold in hotel ballrooms to customers responding to shrieking television commercial pitches selling art from “starving artists.” Much of it was destined for commercial contract design orders for hotels and offices. Today it’s wending into the mainstream, where consumers want passable quality art at cheap prices, just as they like cheap apparel and electronics. For example, Fashion Square mall in Scottsdale, Arizona is home to top echelon retailers like Neiman Marcus, Gucci and upscale tony boutiques. Right along side them is Painted with Oil. A gallery selling oil paintings at great prices from Chinese sources. Galleries like this one are springing up in malls everywhere. 
 
Reports from the recent Atlanta Decor Expo and Artexpo tradeshows (arguably the largest art and picture framing tradeshow worldwide) revealed that the art sector is experiencing dramatically increased competition from Asian companies, primarily Chinese. However woeful for their competitors, it is no surprise Chinese companies seek a larger slice of the U.S. decorative art and wall decor market. They have incredible capacity, low costs and are voracious for sales in every market. To make matters worse, the quality of the knock-offs has continued to improve.
 
For those readers who have not been to a Decor Expo show; imagine flat, unmounted oil paintings on canvas stacked two feet high, side-by-side on numerous eight foot tables. In the past a handful of companies marketed flat oil paintings. This year, aisles upon aisles of these companies exhibited. They spread canvases on the floor in bazaar style for buyers to browse through the stacks. Go to www.oilpaintings.com to get an idea of the scope. Wholesale prices are low with about $60 for a 36” x 48” canvas. Stretched and nicely framed, a finished piece might wholesale for $200 and retail for $450-600. These oil painting exhibitors still make up only a fraction of the hundreds of artists, publishers, picture framing distributors and equipment manufacturers that comprise this huge show.
 
Traditionally, even though most publishing companies looked askance at these low-end producers, as there were relatively few of them. Publishers always were aware of piracy of their images and made mostly unsuccessful efforts to police them. Over the years, there have been many heated exhibitor-to-exhibitor exchanges and exhibitors engaging show management. Aggrieved parties were looking for an immediate cease and desist of the other company selling their copyrighted work. Most often, they were left wanting as show producers could not act as legal authority even when the knock-offs were obvious.
 
The dissatisfaction many publishers with the situation led to the formation of the Art Copyright Coalition, www.artcc.org. Many in this group are also members of the Art Publishers Association, http://apa.pmai.org. Firsthand accounts from this year’s Decor Expo Atlanta show repeatedly told of knock-offs this year that were most egregious. Police were called to the Georgia World Congress Center to take reports. Justifiably angry publishers and artists who saw knock-offs of their copyrighted work being openly sold at the show obviously took no consolation in the improved quality of the knock-off work.
 
Piracy is a considerable problem in doing trade with China. Below is a quote from an March 2005 article in Inc. magazine titled, How China Will Change Your Business: “Piracy is a problem. Foreign companies have little defense against even outright theft of their technology in China. China's failure to police intellectual property, in effect, creates a massive global subsidy worth hundreds of billions of dollars to its businesses and people. By investing in the country's manufacturing infrastructure, by providing the expertise, machines, and software
 
China needs to produce world-class products, the world is also helping assemble the biggest, most sophisticated, and most successful "illegal" manufacturing complex in the world.Seen another way, China's loose intellectual property rules turn the tables on the Western colonial powers and the Japanese who throughout the nineteenth and early twentieth centuries violated China's land and people. As China grows into a great power, the wealth transferred into the country by expropriating intellectual property will propel it forward.” Download the full article at: www.inc.com/magazine/20050301/china.html
 
While the Decor Expo show spotlights the situation on the reproduction end of the art market, there is growing evidence that contemporary fine art by Chinese artists will continue to make a major impact on the high end of the market. Prices for top echelon Chinese artists are on the rise at shows and auction houses. Fine art shows in Sinagpore and Hong Kong are taking on increasingly global importance. Given China’s enormous population and the sheer number of art students it annually produces, it is almost a given master painters will rise from among them. Some to dominate the art scene.
 
It’s been said the 20th Century was the American Century and the 21st Century will be the Chinese Century. If that is true, then certainly the visual arts will feel the effect. Time will tell. In the meantime, if you are an artist, make sure your work is properly documented at: www.copyright.gov. Be as vigilant as possible in defending your intellectual property rights, but don’t let the problem eat you up either. If you are a publisher, consider joining the Art Copyright Coaltion. If you are a collector, avoid the temptation to buy the cheap oil painting reproductions. Sites like Absolute Arts are full of great original art created by deserving artists and much of it is priced quite attractively.

The Problem Worsens – this just in

The December 2 issue of the Robert Genn Twice Weekly Newsletter (I don’t know how he does it and still find time to paint as he does) had a subject line: International Theft. He tells about being informed by another artist that a Chinese company has many of his art pieces online selling giclees and photocopies for $16 - $46 apiece. Naturally, he is outraged and has contacted the Canadian authorities to get help. He offers advice and a list of artists from the offending site in his article. You can read it at: http://www.painterskeys.com/letters.asp?let=051202

The life of an artist is full of many challenges, by becoming a collector you also become a benefactor of someone who has chosen to add creativity and beauty to the world often at the cost of making a living in some other more financially rewarding pursuit. Your support is vital.
 
This blog is reprised in part from the November issue of my free digital newsletter, Art Print Issues that reports on all aspects of the art print market. Archived issues and free subscriptions are available at: www.artprintissues.com. I am Barney Davey and I am an art print marketing consultant, workshop leader and author of How to Profit from the Art Print Market, which can be purchased at: www.barneydavey.com. In my own efforts to combat big box pricing, I've lowered my book price to beat Amazon's and included free shipping.

Replies: 18 Comments

on Tuesday, December 13th, Michael Fornadley said

Sure way around being copied is to produce work so distrubing and confusing that no one in their right mind would hang over any couch. Would imagine that most of the work being reproduced are conservative in nature and would appeal to the mass audience. Agree with Jose that this could be a wake up call for artists not to paint pretty pictures anymore, maybe strive to be orginal in theme and subject matter. Maybe the artists who are being copied better be looking at why they are chosen?

on Tuesday, December 13th, jose freitas cruz said

What you write about Barney is, I believe, unstoppable. It is a real threat and something we as artists will have to learn to live with from now on I’m afraid. I’ll probably be insulted by a great bunch of people but here’s a thought: what if these are signs that the age of the market as we know it are coming to an end, that the mechanisms that have been set in place to promote Art are obsolete and that the idea of international acclaim has to be reconsidered? What if China, Vietnam (they produce incredibly cheap stuff there too) and the masses of artisans east of the Himalayas have seen the monstrosity our western egos and cravings have helped to bring forth and realise that it is possible to crash in and cash-in? Can we truly and sincerely blame them? Are we really that blind or that dumb?

What if the future true value of the Objet d’Art lay in its return to the source – the artist that created it - and to a stronger connection between the artist and the hunter-gatherer. The images would be out there on the global market, inevitably more and more so, but the real trophy would carry a weight that no reproduction could ever replace: a strong bond between artist and collector, a possession with a history of events that make that purchase much more meaningful than the mere acquisition of a pretty or irresistible image in a shop in NY or Shanghai.

I prefer not to see these events as a threat but as a wake-up call to revert to this different MO the technologies of our time allow and encourage. A return to the basics is what all this is calling out to us to do, a return to a more human[e] connection that doesn’t reduce the work of art to a mere image and confers artists more dignity than the one he is able to reap under present conditions. This China business might even be beneficial in the end.

on Monday, December 12th, Guéganne Doucet said

With reference to the company in China that Robert Genn advised us in his newsletter, that this company was publishing and selling reproductions of artist's work without their permission. I also learned from Robert, I was one of the artists that was listed with all the others names of artists being plagiarized. There are around 800 artists from Canada, and plus many, many more artists from all over the world. The Company is not out of business, they took down Robert Genn works and a few others artists, but they came back up a day later.

I will include my watermark on each image like “Copyright: Guéganne Galerie Studio” this might be the answer, until they learn how to remove the watermark. Then we will have to find some others ways to protect our works. There are many small programs (some are freeware) on the web to create these and they are user friendly.

There are 67 pages on this site with approximately 40 artists on each pages, giving the grand total of 2, 680 artists. I guess we moved away from “cheaper by the dozen” in China, to cheaper by the thousand! Why not every artists in the world, it doesn’t cost a penny for the complete collection.

Why are there no copies of the top echelon Chinese artists on their site? Fine art shows in Singapore and Hong Kong are supposedly taking on increasingly global importance. Perhaps, we should be more like China’s enormous population everything for us and to hell with the rest of the world!

on Monday, December 12th, Guéganne Doucet said

With reference to the company in China that Robert Genn advised us in his newsletter, that this company was publishing and selling reproductions of artist's work without their permission. I also learned from Robert, I was one of the artists that was listed with all the others names of artists being plagiarized. There are around 800 artists from Canada, and plus many, many more artists from all over the world. The Company is not out of business, they took down Robert Genn works and a few others artists, but they came back up a day later.

I will include my watermark on each image like “Copyright: Guéganne Galerie Studio” this might be the answer, until they learn how to remove the watermark. Then we will have to find some others ways to protect our works. There are many small programs (some are freeware) on the web to create these and they are user friendly.

There are 67 pages on this site with approximately 40 artists on each pages, giving the grand total of 2, 680 artists. I guess we moved away from “cheaper by the dozen” in China, to cheaper by the thousand! Why not every artists in the world, it doesn’t cost a penny for the complete collection.

Why are there no copies of the top echelon Chinese artists on their site? Fine art shows in Singapore and Hong Kong are supposedly taking on increasingly global importance. Perhaps, we should be more like China’s enormous population everything for us and to hell with the rest of the world!

on Monday, December 12th, Guéganne Doucet said

With reference to the company in China that Robert Genn advised us in his newsletter, that this company was publishing and selling reproductions of artist's work without their permission. I also learned from Robert, I was one of the artists that was listed with all the others names of artists being plagiarized. There are around 800 artists from Canada, and plus many, many more artists from all over the world. The Company is not out of business, they took down Robert Genn works and a few others artists, but they came back up a day later.

I will include my watermark on each image like “Copyright: Guéganne Galerie Studio” this might be the answer, until they learn how to remove the watermark. Then we will have to find some others ways to protect our works. There are many small programs (some are freeware) on the web to create these and they are user friendly.

There are 67 pages on this site with approximately 40 artists on each pages, giving the grand total of 2, 680 artists. I guess we moved away from “cheaper by the dozen” in China, to cheaper by the thousand! Why not every artists in the world, it doesn’t cost a penny for the complete collection.

Why are there no copies of the top echelon Chinese artists on their site? Fine art shows in Singapore and Hong Kong are supposedly taking on increasingly global importance. Perhaps, we should be more like China’s enormous population everything for us and to hell with the rest of the world!

on Monday, December 12th, Guéganne Doucet said

With reference to the company in China that Robert Genn advised us in his newsletter, that this company was publishing and selling reproductions of artist's work without their permission. I also learned from Robert, I was one of the artists that was listed with all the others names of artists being plagiarized. There are around 800 artists from Canada, and plus many, many more artists from all over the world. The Company is not out of business, they took down Robert Genn works and a few others artists, but they came back up a day later.

I will include my watermark on each image like “Copyright: Guéganne Galerie Studio” this might be the answer, until they learn how to remove the watermark. Then we will have to find some others ways to protect our works. There are many small programs (some are freeware) on the web to create these and they are user friendly.

There are 67 pages on this site with approximately 40 artists on each pages, giving the grand total of 2, 680 artists. I guess we moved away from “cheaper by the dozen” in China, to cheaper by the thousand! Why not every artists in the world, it doesn’t cost a penny for the complete collection.

Why are there no copies of the top echelon Chinese artists on their site? Fine art shows in Singapore and Hong Kong are supposedly taking on increasingly global importance. Perhaps, we should be more like China’s enormous population everything for us and to hell with the rest of the world!

on Monday, December 12th, Guéganne Doucet said

With reference to the company in China that Robert Genn talked about in his newsletter—advising that this company was publishing and selling reproductions of artist's work without their permission. I also learned from Robert, I was one of the artists that was listed with all the others names of artists being plagiarized. There are around 800 artists from Canada, and plus many, many more from all over the world. The Company is not out of business, they took down Robert Genn works and a few others artists, but they came back up a day later.

I will include my watermark on each image like “Copyright: Guéganne Galerie Studio” this might be the answer, until they learn how to remove the watermark. Then we will have to find some others ways to protect our works. There are many small programs (some are freeware) on the web to create these and they are user friendly.

There are 67 pages on this site with approximately 40 artists on each pages, giving the grand total of 2, 680 artists. I guess we moved away from “cheaper by the dozen” in China, to cheaper by the thousand! Why not every artist in the world, it doesn’t cost a penny for the complete collection.

Why are there no copies of the top echelon Chinese artists on their site? Fine art shows in Singapore and Hong Kong are supposedly taking on increasingly global importance. Perhaps, we should be more like China’s enormous population everything for us and to hell with the rest of the world!

on Friday, December 9th, Hyacinthe Baron said

ANDREW! What a kick!

When I designed my handpainted silk fashion collection for The House of Hyacinthe, I immediately reproduced the line in polyester to sell for less and the buyers from Saks 5th Avenue and Bonwit's etc. bought both for different departments. They had warned me it would be about a week otherwise before the dress manufacturers did it. Truth of the matter? The Silk sold out, the poly didn't.

Fine art is exactly that. There will always be a customer for the cheap stuff in any creation and there will always be a collector for the real mccoy.

Unless the sales are hurting the artist, and usually there is not a lot of money involved, best advise is to go forward, onward and upward. Stay one step ahead of the madding crowd.

on Thursday, December 8th, olga said

Andrew! Gee! I love your story! Very smart!

on Thursday, December 8th, Enna said

Yes this is right that the problem is pervasive and blatant disregard for the intellectual property of artists.

on Thursday, December 8th, Andrew said

We seem to be talking only about prints and paintings here. I can tell you that it happens with sculpture, too. Bronzes are often produced from molds taken from other bronzes, and it's very difficult to tell when this has happened. In my own case, abstract marble compositions were stolen by an Italian who wanted to buy the rights to these for 2%. I refused, and within a year, I saw them in a shop window right here in Pietrasanta, a town where I live and work, of twenty thousand people. Not a thing I could do. The form was altered slightly, but even if it hadn't been, I was out of luck trying to insist on intellectual property rights.
Then, a friend of mine in New York called me to say he'd seen them in a store called Modern Stone Age. If the law won't help you, creativity will. It's your biggest asset. I went to the store, posing as an interior designer. I asked who his supplier was, and he reluctantly told me it was the same guy who'd offered me the 2%. I said I wanted that form, bigger, as a table base(exactly like my original). How much? He said he'd have to call Italy to find out if the 'master' who had invented this form would make one.
I had one of my own, and placed it in a store five blocks from his on the same street. My price was ten thousand, what he was asking for his foot high version. At dining table height, his came in at forty thousand dollars.
I kept up the act. I said my client thought his was absolutely fabulous, lived in Greenwich, CT, and wanted two. How long to produce and ship?
Four months. We fixed the deposit at 1/2, and I said I'd bring a cashiers check for forty thousand dollars the next day.
I went back a couple of hours later, red and furious with him. I practically took him by the collar and shook him, screaming in front of other clients that he was a rip off and a fraud, that he'd told me these were rare and one of a kind, and that there was one just down the street, full size, for the same price as his little one.
His pieces disappeared almost immediately from the New York market, and his Italian supplier, my 2% man, had all his orders cancelled. Mine are still around. I know this isn't the same as making cheap copies of prints, but consider this - every obstacle is in reality an opportunity if you only look at it from the right perspective. Barney, I agree. New images and new creative expressions will keep you miles ahead of whoever's copying you.

on Thursday, December 8th, Markus Kruse said

The question here is whether this is one case of one website offering this type of art, or whether this is a symptom of the future...

A watermark overlaying each image like art.com does is not the answer either. Would you buy a work of art online that has a website watermarked right on the image?

75dpi images at maybe 600 X 800 don't make good examples for reproduction. The question is what will happen when future software can take a 75 dpi image and "restore" it to its full beauty? How will artists be protected then?

on Thursday, December 8th, Barney Davey said

When I checked Robert Genn's site this morning. He sadly reported that the great progress he thought he'd seen in getting much of the counterfeit art removed had re-appeared less than 12 hours later. This despite a huge effort on the part of Robert Genn and many other Canadian artists. The problem is pervasive and blatant disregard for the intellectual property of artists. In my November Art Print Issues, I note the irony that China currently is requesting help from the U.S. in recovering art & antiquities taken from the country.

on Thursday, December 8th, Brad Michael Moore said

Barney,
A passionate article and subject. Overwhelming in the considerations of this topic. I often wonder if putting so much of my humble portfolio up on the aa site (or my personal website) just makes my work a bigger target and thereby invites it's thievery...? This rogue business of stealing fine art to China for illegal reproduction can likely be copied from even a Polaroid of the original artwork. Maybe the not-so-famous have less to worry about – then again, you can steal from the less famous and get away with a hell of a lot more as well. It would seem we’re all screwed once again. So, its back to the studios – where, at least, we all have our virginal thoughts yet to be shared.

on Wednesday, December 7th, Margaret Stone said

Regarding the reference to the company in China that Robert Genn talked about in his newsletter--the company that was publishing and selling reproductions of artist's work without their permission. Since that article with the link Barney mentioned here, Robert listed the names of artists being plagarized by this company along with instructions on what to do about it. There were around 800 artists from Canada alone. Enough artists took his advice and the Chinese company is now out of business. Thank you Robert Genn for taking your time to do this!

on Wednesday, December 7th, Lou Posner said

What's the cost of living like in China? Like, with a housemaid/cook? Should we just go with the flow?

on Wednesday, December 7th, Ed Baron said

As a small publisher of books and art prints and print reproductions of original art on paper I can only say that I understand Mr. Davey's concern as the Chinese continue to overwhelm almost every market with their sheer numbers.

Art is the least of it.

It has been my experience and business practise to sell most editions as a whole prior to printing. It has never been feasible to print entire editions of expensive art reproductions prior to the sale. The pre-sale to large distributors of prints is traditional.
Usually the artist receives an advance against royalties, or full payment based on the total sell out and of course a certain number for individual usage such as galleries, etc.

For the most part the artist is out of the picture when the sale and printing of the edition is made and the problems of knock-offs becomes a sore point primarily.

The copyright laws have never been effective to protect proucts of the mind, since a simple change warrants an image not infringed upon.

When it comes to book publishing a new format has arisen and that of course is POD, the publishing of a prototype for sales purposes and then the printing on an individual basis as desired or needed.
The ART and HUMAN NATURE COLLECTION Book we are publishing in March 2006 to benefit the many projects of the Baron Conservany is a case in good point. Info is on www.barongallery.com.
The book will be available on Amazon.com and Barnes and Noble.com and we offer a discount to portfolio artists from wwar.com and absolutearts.com.
In parting I can admonish you: REMEMBER THE VELVET PAINTINGS.
I have more to say about the issue of plagiarism but will wait to hear more comments.

on Wednesday, December 7th, Hyacinthe Baron said

The scale is overwhelming it is true. My lithograph of a little Victorian girl was transfered to a bar mirror and sold "off the wall". I know because some of my biggest and best art collectors have purchased them at auctions and no matter how I try to explain the piece does not belong in their collection and is a plagarized piece, they love it, find it decorative and want to display it, all the while understanding it has no value like my other works.

Magazines like Decor in which my works were featured for years have propelled the concept of "decorative art", extolled the decorating virtues of "cheap" images in frames on behalf of their frame manufacturer advertisers and it goes on.

The Chinese have been mass producing "hand-painted" fabrics for years. When we employed over 400 artists to hand paint fabrics in our company Atelier Baron in the late 70's and early 80's, I had to evolve every technique because there was no information available.

Spiegel's Catalog featured a picture of a shower curtain of a huge floral design I created and it became a best selling item for them. This is for artists, ( there was no way to paint acrylics on vinyl so I worked with chemists at Liquitex to find a medium and came up with an alchohol base that made the polymers adhere to the plastic fabric. The following year Spiegels ordered knock-offs of my designs from China. We know because the factory owner contacted us and offered to paint the curtains for us. The volume was out of the ballpark. Simply put, we couldn't compete, and frankly it would not have been cost effective for us to do so.

This discussion only adds an element of paranoia to the artist's agenda.

There can be only one adage for an artist. BE ORIGINAL and keep coming up with NEW IMAGES AND NEW CREATIVE REPRESENTATIVE WORKS and expressions.