Allen,

No offense taken, it was just that what you seemed to be dismissing as impractical and counter-productive (in your reply to my suggestion) was nothing like what I was actually suggesting. Now it is clear you are talking strictly about live, in-person auctions. I was talking about auctions that appear online for a week or longer *before* the hammer falls. As far as I know, Heritage and Bruce and most other places do this now. It is in the online description where full disclosure and in some rare cases perhaps a comparison picture of a genuine known original should be provided. It would then be up to the buyer to use the online description to educate themselves prior to bidding. If there were no online "preview" then the printed auction catalog would be used (and should contain the same kind of information/occasional comparison picture). Obviously, once the "live" portion of an auction starts, it's all over in a matter of minutes or even seconds and there is no time to do anything other than raise paddles, take bids and bang the gavel.

But, even in the case of a strictly live, in-person auction with no internet preview or printed catalog (when does that ever happen with high-priced items anymore?), isn't there always a Preview Session prior to live bidding where buyers can view the items prior to the auction? If so, I don't see why -- in the rare cases where it would be called for -- a comparison picture of a genuine known original could be displayed next to the item up for auction for the purposes of full disclosure and evaluation.

Look, it comes down to one thing: Be it a live auction or an internet auction: When you are talking about the buyer spending $10,000... $20,000... or a whole lot more... for something as easily faked as a paper collectible, the auction house/dealer owes it to their buyers (without whom there would be no auction) to provide independent 3rd party expert verification and evaluation and maybe even a comparison photo to a genuine known original. In the case of a "restored" poster, the percentage amount of original paper remaining should ALWAYS be specified -- in this case it was supposed to be something like 25% or less original paper, but the description never specified a percentage figure and it should have. That's what I mean by "full disclosure" and it should be provided to potential bidders either in the printed catalog, an online description, or at the preview just before the live auction takes place. Actually, it should be in all three of those places. Why not? What is a valid reason for not doing this in the cases of very pricey paper collectibles where highly-polished forgeries have now be cropping up with distrusting regularity?

It seems you're talking about what this hobby/business was like 40 years ago, or even 20 years ago, when expertly-done fake movie posters were unheard of. But I'm talking about today, 10 years into the 21st century, where we are seeing all kinds of high-quality fakes being offered -- fakes so good that even an educated buyer can be fooled... maybe even most 'experts'. In the case of verifying and describing very pricey paper collectibles what was "good enough" 40 or 20 years ago just isn't good enough anymore. On certain items more 'due diligence' on the part of the auctioneer/dealer needs to be done today -- to protect both the buyers and the auction houses/dealers themselves (from lawsuits by angry buyers if it turns out they were sold a fake).

That's all I'm saying. Given the recent scandals, I suspect people like Grey and Bruce and the larger retail dealer probably agree with the idea. Whether it gets implemented effectively or not in the future remains to be seen

-- JR

allen day wrote:
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 /<jrl...@mediabearonline.com>/* wrote:


    From: James Richard <jrl...@mediabearonline.com>
    Subject: Re: [MOPO] FRANKENSTEIN 1/2 sheet vs TC from Heritage
    To: MoPo-L@LISTSERV.AMERICAN.EDU
    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
    /<jrl...@mediabearonline.com>/* wrote:


        From: James Richard <jrl...@mediabearonline.com>
        Subject: Re: [MOPO] FRANKENSTEIN 1/2 sheet vs TC from Heritage
        To: MoPo-L@LISTSERV.AMERICAN.EDU
        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:mop...@listserv.american.edu] *On
        Behalf Of *James Richard
        *Sent:* Sunday, August 30, 2009 2:40 PM
        *To:* MoPo-L@LISTSERV.AMERICAN.EDU
        *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:* MoPo-L@LISTSERV.AMERICAN.EDU

            *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.

        Visit the MoPo Mailing List Web Site at www.filmfan.com

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