JR,
I have been attending auctions for 45+ years. Auctions are fast paced and 
auctioneers are obliged to state pertinent information before an item is to be 
auctioned, however, auctioneers are not obligated to engage in what may seem as 
'hand-holding' to novice bidders. I have yet to attend an auction whereby the 
auction displayed similar items to be used as reference material, (possibly to 
avoid confusion as to which item is currently being auctioned, though I have 
noted price guides/reference books that were provided as a courtesy). As the 
apparent value of items in any respective auction are increased, all 
prospective/interested bidders should have done some type of 'homework' before 
committing to any purchase that is beyond the realm of an 'impulse buy'. It is 
plain common sense as well as good business acumen.
After reading and re-reading your message, methinks there are some responses 
with possible 'out of context' referencing / slight inaccuracies in your reply 
... I'll try to address some (not all) of those by highlighting/italicizing in 
your reply copied below ...
In any case, if offense was taken in my original reply, I apologize, as I meant 
no personal affront.
Regards,
ad

--- On Tue, 9/1/09, James Richard <[email protected]> wrote:

From: James Richard <[email protected]>
Subject: Re: [MOPO] FRANKENSTEIN 1/2 sheet vs TC from Heritage
To: [email protected]
Date: Tuesday, September 1, 2009, 3:17 AM




  

 
Allen,



Oh really... how silly... your ridiculously exaggerated examples (your original 
message contained  a statement copied below ...But by the same measure of value 
you cite, doesn't the fact that there were no other known examples mean that 
extraordinary measures were called for prior to and during the auction of this 
particular item?In hindsight, I should have noted that future posters with 
greater estimated values may need greater measures, hence the lead phrase 
..."By extension") are
nothing like the sensible
suggestion I made so, what is the point of bringing them up as a reason
for not doing what I suggested? Nor did I suggest "unending
disclosure". Nor did I suggest such reasonable, prudent and appropriate
measures would necessarily be
called for in all cases (nor did I), or even most cases (they clearly are not) 
but
only in the cases of very pricey
and rare, not-often-seen items where such sensible measures become more
critical and important.


So please take down your straw man, he's obscuring the view.



What you really seem to think is that the auction house/dealer
should take no responsibility to verify a pricey item themselves (not stated or 
intimated),
independent of the current owner's statement (previous owner expired, no 
statement entered), or provide additional
vital
information (such as a comparison photo of a known genuine item) to aid
and educate those people bidding $10,000... $20,000... $30,000 or more
on the items they are offering? You feel it is sufficient for them to
simply pass on "what the previous owner said" about what some unnamed
restoration expert said? In this case the description didn't even
mention the name
of this expert (Carol Tincup was noted) (who was obviously not quite so expert 
in retrospect).
You think that's good enough where such dollar amounts are concerned? (I will 
copy my original message, as I cannot grasp your reply ... There was no hype, 
the description stated a previous owner and a restoration expert, as well as 
the previous availability in the market.I am unsure how to respond to the 
rhetorical questions in your paragraph above, as they are beyond the scope of 
my message.)



But what the hey, it's only money... people can do with it what they
will and as I said, there ain't no law saying Heritage or any other
auction house or retail dealer owes any bidder anything beyond putting
up a picture and description of the item, bringing down the hammer,
collecting the loot and shipping the stuff out the door. But if that's
the way it's going to continue to be done then nobody should be
shocked... shocked, I tell you... to discover that some fraud is
perpetrated from time to time if the auction houses/dealers are just
going to be shills for the consigners/suppliers and accept no
responsibilities to the buyers for verification and comparison
information.



As for your concerns that what I suggest "could create
disinterest, devalue the poster, harm the consignor, and negate future
business..."  Hmmm... just how
is honesty and verification and full disclosure going to cause that?
And what does it say about this business if it does? Perhaps the real
concern
should be how many more $25,000 and up posters are going to be sold if
this sort of scandal keeps cropping on up, as it has more and more
often
in recent years? Kirby estimated there have already been as much as $2
million in fraudulent sales already.



I hardly think doing nothing, changing nothing, and simply continuing
to carry on as usual is the best approach to this situation. But, of
course, others may
think differently.



-- JR



allen day wrote:

  
    
      
        By extension,
Heritage Auctions could have provided scans of each square inch at 30x,
and someone would/could note that 60x scans at each centimeter square
should have been provided. If an additional poster (with some
restoration) may be provided for comparison, why not 2 additional
depending on amount of restoration?
        

        
        There was no hype,
the description stated a previous owner and a restoration expert, as
well as the previous availability in the market. It is the job of the
buyer to distill any / all information when making an informed decision.
        

        
        Grey Smith /
Heritage Auctions certainly need no assistance from me to defend their
business model, but to imply/suggest that the auctioneer should be
tasked with (apparent unending) disclosure could create disinterest,
devalue the poster, harm the consignor, and negate future business
(from consignors and buyers).
        

        
        ad

        

--- On Mon, 8/31/09, James Richard <[email protected]>
wrote:

        

From: James Richard <[email protected]>

Subject: Re: [MOPO] FRANKENSTEIN 1/2 sheet vs TC from Heritage

To: [email protected]

Date: Monday, August 31, 2009, 5:37 AM

          

           Grey (and others
commenting on this aspect),

          

I sympathize with you in this situation. I really do. I've auctioned
items worth many thousands before myself and
agonized over writing the descriptions. I did point out in my
post that virtually ALL auctioneers and sellers engage in this
kind of thing to one degree or another -- it's part of doing business.
And I think it's important to remember and acknowledge that you seem to
have been instrumental in
uncovering the extent of this current scandal.

          

          Note I
said that
the
half sheet description made it "sound" like a silk purse, not that it
"claimed" it
was a silk purse. Technically, there was nothing "wrong" with the
description, it's just that the overall effect did a lot to make it
sound like
it was worth the estimated $25,000 to $35,000. OK, sure, that *is* what
a good auctioneer is supposed to do: hype the consignment. But at some
point that part of the job description can come into a conflict of
interest with other responsibilities of the job description. My real
point was that if a good picture of the title
card (which had the same art) had been shown with the auction, then the
bidders could have made a direct comparison themselves at the time and
so
made a "more educated" evaluation. But, then, there ain't no law saying
auctioneers or dealers need to accommodate their bidders to that extent.

          

But by the same measure of value you cite, doesn't the fact that there
were no other known examples mean that extraordinary measures were
called for prior to and during the auction of this particular item? I
do personally feel that the higher the hammer price is likely to be,
that a greater responsibility must logically fall upon on the
auctioneer/dealer to do more to insure accuracy and authenticity. I
also think there has to be some consideration given to the fact that we
are now in the 21st century, with all this new technology, and so "let
the buyer beware" can't continue to be the Golden Rule (and ultimate
rationale) it once was.

          

As for the other questions you asked about how far one should go and
where it
all ends -- I think those answers are something only your own
organization (and all the others) will have to decide upon for
themselves. 

          

It's a challenge, no doubt. I wish you and everyone else all the best
in
grappling with this issue.

          

-- JR

          

Smith, Grey - 1367 wrote:
          
            


            
            JR
              
            You mention "silk purse from a...",
perhaps, but
when it is the only sow's ear on earth, it is assuredly, in many
people's eyes,
a silk purse!
              
            Concerning including an image of the
title card
next to the
half sheet, not a bad idea but where does that end? Should we end up
trying to
offer comparisons on all we sell. This is exactly why we continue to
offer the
service of high res images forever on our site and are the only poster
seller
that does so. As Heritage has always suggested, educate yourself on
anything
you purchase. Thus the reason for the link to comparables on every page
of our
auctions. This is also something that only Heritage offers to their
bidders.
              
              
            
            
            From:
MoPo List
[mailto:[email protected]]
            On Behalf Of James
Richard

            Sent: Sunday, August 30, 2009 2:40 PM

            To: [email protected]

            Subject: Re: [MOPO] FRANKENSTEIN 1/2 sheet vs TC
from Heritage
            
            
              
            I
might be so
audacious and impertinent as to suggest that a responsible and
highly-regarded
auction house catering to the very well-to-do and regularly selling
tens of
millions of dollars of high-priced collectibles every year would have
taken it
upon themselves to include a high resolution picture of the title card
along
with the half sheet auction so that the bidders could have made the
comparison
themselves at the time of the sale.

            

But I guess I'm just being naive... despite the cries of shock and
horror over
the last few days, "let the buyer beware" is still the Golden Rule in
our society.

            

-- JR

            

Douglas Ball wrote: 
            
            Side
by side, yes, but when the auction took place it looked damn good!
            
            
             
            
            
            Doug
            
            
              
              -----
Original Message ----- 
              
              
              From:
              JOHN REID Vintage Movie Memorabilia 
              
              
              To: [email protected] 
              
              
              Sent: Saturday,
August 29,
2009 7:04 PM
              
              
              Subject: Re:
[MOPO]
FRANKENSTEIN 1/2 sheet vs TC from Heritage
              
              
                
              
              
              There
is indeed a very big difference between the two.
              
            
              
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