Monday, February 27, 2006

Art of Dr. Seuss FRAUD

Original published February 27, 2006 (updated August 7. 2011)

For an update, click on: Art of Dr. Seuss Fraud COVERUP

Note: All footnotes are enclosed with [FN ].

















Little Cats B, C and A!, From the book-The Cat in the Hat Comes Back, Serigraph on Paper, Image Size: 17.5 x 13, Paper Size: 21 x 16, Limited Edition of 2500 Regular Editions, 99 Patrons, 155 Collaborator Proofs, 5 Hors d'Commerce, $425.00 USD www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=1&galurl=www.artleaders.com&cgrfnbr=521&prrfnbr=732329
NON-DISCLOSED POSTHUMOUS FORGERY

PREFACE
The so-called "Art of Dr. Seuss" is a “knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment”[FN 1] which is one legal definition of -fraud-.

Since 1997, tens of thousands of non-disclosed posthumous forgeries, with counterfeit "Dr. Seuss" signatures applied - misrepresented for sale [at $225 to $9,000 or more each] as original works of visual art - falsely attributed to Theodor Geisel, have flooded the marketplace making them "something that is not what it purports to be"[FN 2] which is one legal definition of -fake-.

Theodor Geisel died in 1991. The dead don't create art.

This monograph documents this fraud.



TABLE OF CONTENTS
PREFACE
INTRODUCTION
1. FAKE LITHOGRAPHS
U.S. Customs May 2006 An Informed Compliance Publication
2. COUNTERFEIT SIGNATURES
U.S. Copyright Law 101 Definition for “work of visual art”
Black’s Law Dictionary’s Definition for “signature”
Black’s Law Dictionary’s Definition for “counterfeit”
3. COUNTERFEIT LIMITED EDITIONS
4. FAKE SERIGRAPHS
5. FAKE ARTIST PROOFS
HarperCollins Dictionary of Art Terms & Techniques’ Definition of “artist proofs”
6. FAKE SCULPTURES
Black’s Law Dictionary’s Definition for “representation”
HarperCollins Dictionary of Art Terms & Techniques’ Definition for “sculpture”
J. P. Getty Trust’s Getty Vocabulary Program’s Definition for “sculptor”
HarperCollins Dictionary of Art Terms & Techniques’ Definition for “cast”
Black’s Law Dictionary’s Definition for “disclosure”
Black’s Law Dictionary’s Definition for “non-sequitur”
Black’s Law Dictionary’s Definition for “consent”
7. WHEN THE FRAUD BEGAN
8. CHAMELEON EDITIONS
9. S2 EDITIONS LTD.
HarperCollins Dictionary of Art Terms & Techniques Definition for “reproductions”
U.S. Copyright Law 106A. Right of Attribution
U.S. Copyright Law 103. Subject Matter of Copyright - derivative works
10. LAWS & CONSEQUENCES
Illinois Fine Print Disclosure Act 815
Federal Trade Commission
Black’s Law Dictionary’s Definition for “fraud”
11. OTHER STATE STATUTES
California Civil Code 17.38 to 17.45
Georgia Annotated Code 10-1-430 to 10-1-437
Michigan Art Multiples Sales Act
12. PRECEDENT
U.S. Postal Service Inspection Service
13. CONCLUSION
FOOTNOTES




Little Cats B, C and A!, $425 (Unframed), Image Size: 17.5” x 13”, Limited Edition of 2500 Arabic Numbers, 99 Patron's Collection, 155 Collaborator Proofs, 5 Hors d’ Commerce
When Ted Geisel wrote The Cat in the Hat, Ellen Goodman of The Detroit Free Press wrote that it was “a little volume of absurdity that worked like a karate chop on the weary little world of Dick, Jane and Spot.” The Cat in the Hat Comes Back brilliantly followed up that “volume of absurdity” and introduced the new cat companions Little Cats B,C and A!
http://www.drseussart.com/details/illustration/littlecats.html
NON-DISCLOSED POSTHUMOUS FORGERY


INTRODUCTION
In 1997, The Chase Group began promoting for sale non-disclosed posthumous forgeries as original works of visual art ie., -serigraphs-, -lithographs- and -sculptures- falsely attributed to Dr. Seuss a.k.a Theodor Geisel (d 1991). The above image titled "Little Cat B, C and A!" is an early example of The Chase Group's misrepresentation of non-disclosed posthumous (after 1997) forgeries as original works of visual art a.k.a. serigraphs.

On page 661 of the Seventh Edition of Black's Law Dictionary, -forgery- is defined as: "The act of fraudulently making a false document or altering a real one to be used as if genuine."[FN 3]

In 1997, when this so-called -Art of Dr. Seuss- began to be forged, Theodor Geisel (d 1991) was some six years dead.

Aside ordinary sense, this factual perspective that the dead don't posthumously create anything is confirmed by U.S. Customs Informed Compliance May 2006, where in part it states: "The expression 'original engravings, prints and lithographs' means impression produced directly, in black and white or in color, of one or of several plates wholly executed by hand by the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process."[FN 4]

A dead Theodor Geisel (d 1991) could not have wholly execute anything by hand, much less after 1997.

A few years later, The Chase Group changed their promotion of these non-disclosed posthumous forgeries, titled "Little Cats B, C and A," from serigraphs, falsely attributed as original works of visual art to Dr. Seuss a.k.a. Theodor Geisel, to "limited edition."

When this posthumous change was made, Theodor Geisel was still dead.

The dead don't sign and number "limited editions."







Detail from the side of The Chase Group's above non-disclosed posthumous forgery titled: "Little Cats B, C and A!"
http://www.drseussart.com/details/illustration/littlecats.html


Additionally, The Chase Group is now applying dates that predate the death of Theodor Geisel (d 1991) on the sides of the photographs of these non-disclosed posthumous forgeries to create the illusion, for example, that the above non-disclosed posthumous forgery titled: "Little Cats B, C and A!" was created in "1950," much less then copyrighted or trademarked by Dr. Seuss Enterprises.


The only problem is, as document on The Chase Group's website, it states: "In 1993, Ted’s widow Audrey founded Dr. Seuss Enterprises (DSE) to to protect and monitor the use of Dr. Seuss’s characters for licensing purposes."[FN 5]

So, would The Chase Group have the public suspend disbelief or just believe that non-disclosed posthumous forgeries could be copyrighted in -1950- by a company -Dr. Seuss Enterprise- that did not even exist till some 43 years later in 1993, two years after Theodor Geisel's death in 1991?























p 37, The Cat in the Hat Comes Back by Dr. Seuss, Page Size 5.6" x 8.5", Copyright © 1958 by Dr. Seuss
REPRODUCTION

The above scanned reproduction is from page 37 of Theodor Geisel a.k.a. Dr. Seuss' illustrated and published 1958 The Cat in the Hat Comes Back[FN 6] book.






















The detail on the left from page 37 of Theodor Geisel a.k.a. Dr. Seuss' illustrated and published 1958 The Cat in the Hat Comes Back book versus detail from The Chase Group's non-disclosed posthumous forgery [on right] clearly shows that Theodor Geisel's artwork, much less its' reproduction, was badly forged, barely capturing the form without the nuances of thin and think lines and shapes drawn by Theodor Geisel's own hand.

First, for example, when the non-disclosed posthumous forgery on the right was forged, the color red printed overlapped the badly copied black lines for the hat and tie completely masking the black lines contrast found in the reproduction [on left] of Theodor Geisel's original illustration.

Second, notice the right hand of the non-disclosed posthumous forgery on the right compared to reproduction
[on left] of Theodor Geisel's original illustration. Doesn't that right hand of the non-disclosed posthumous forgery [on right] look like a partially deflated balloon?

Third, Theodor Geisel's reproduction [on left] has a nice round belly, whereas the same can't be said for the non-disclosed posthumous forgery on the right.

If you are a patron of one of these non-disclosed posthumous forgeries, is it enough to give you a stomach ache?












Once again, when the non-disclosed posthumous forgery on the right was forged, the color red printed overlapped the badly copied black lines for the hat and tie completely masking the black lines contrast found in the reproduction [on left] of Theodor Geisel's original illustration.

That's not to mention another
right hand of this non-disclosed posthumous forgery [on right] looks like a partially deflated balloon and the nice round belly in the reproduction [on left] versus the not so round belly in the non-disclosed posthumous forgery [on the right] which looks like it was forged with rocks underneath it when it was traced.















Once again, over and over again, when the non-disclosed posthumous forgery on the right was forged, the color red printed overlapped the badly copied black lines for the hat and tie completely masking the black lines contrast found in the reproduction [on left] of Theodor Geisel's original illustration.

Additionally, look at the left foot of the non-disclosed posthumous forgery [on right] versus the reproduction [on left]. Notice the anemic line quality.

This is not Theodor Geisel's lifetime vision, it's his widow Audrey Geisel, her representative The Chase Group and their hired forgers' posthumous arrogance that they believe and act on that belief that they can substitute their judgment for a dead Theodor Geisel and the avarice that they do not have to transparently disclose that to potential patrons/victims.

















Aside, this non-disclosed posthumous forgery on the right having the color red printed overlapping the badly copied black lines of the tie completely masking the black lines contrast found in the reproduction [on left] of Theodor Geisel's original illustration, notice the right corner of the smile in the reproduction of Theodor Geisel's original illustration [on left] extends into the face where as the non-disclosed posthumous forgery [on right] does not.

This non-disclosed posthumous forgery is riddled with incompetent and sloppy forging which makes it easy to find the differences if you have an original illustration, much less a reproduction of one to compare to.

Therefore, what are we to think of Audrey Geisel, widow of Theodor Geisel, her representative The Chase Group and all participating galleries that would participate in the promotion and sale of non-disclosed posthumous forgeries, badly done, as the Art of Dr. Seuss?
















“Yertle The Turtle
Hand-Pulled Plate Lithograph
Image Size: 9x12 inches
Limited Edition of 2500
155 collaborator proofs
99 Reserved for Patron's Collection
This print arrives Unframed and Unstretched
$ 225.00 USD
© 2000 The Chase Group, LLC. All rights reserved. Dr. Seuss Properties ™ &
© Dr.Seuss Enterprises, L.P. 2000. All rights reserved.”[FN 7]
http://www.drseussart.com/details/illustration/yertleturtle.html
NON-DISCLOSED POSTHUMOUS FORGERY

1. FAKE LITHOGRAPHS

All so-called Theodor Geisel a.k.a. Dr. Seuss lithographs are fake. Theodor Geisel (d 1991) was dead when they were forged (after 1997).

The dead don’t create lithographs.

This perspective that an artist has to be alive to create a lithograph is confirmed by the U.S. Customs’ May 2006 "An Informed Compliance Publication titled Works of Art, Collector’s Pieces Antiques, and Other Cultural Property." In part, it states: “The expression “original engravings, prints and lithographs” means impressions produced directly, in black and white or in color, of one or of several plates wholly executed by the hand of the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process.”[FN 8]

In other words, an artist must be alive to “wholly execute by {their} hand” their lithograph.

On The Chase Group’s website, under “Biographical Data,” it states that “Theodor Seuss Geisel died {in} La Jolla, California {on} September 24, 1991.”[FN 9]


















http://www.drseussart.com/details/illustration/yertleturtle.html


Yet, The Chase Group on their website, promotes for sale, at $225 each, 2,754 so-called “hand-pulled lithograph{s}” titled “Yertle The Turtle,”[FN 10] that at one time was vertically listed on the side of their photograph of it on their website as copyrighted "2000" by The Chase Group and Dr. Seuss Enterprises.






Detail from: http://www.drseussart.com/details/illustration/yertleturtle.html


Now, as of May 22, 2011, it is vertically listed on Dr. Seuss Enterprises, L.P.'s website as "© 1960 Dr. Seuss Enterprises, L.P."

So, is it possible that Theodor Geisel “wholly executed by his own hand” 2,754 so-called “hand-pulled lithographs” that were copyrighted now in "1960," instead of "2000," by the Dr. Seuss Enterprise L.P., before Theodor Geisel died in 1991?

Aside, the chronological problem that the Dr. Seuss Enterprises, L. P. went into business in 1993, some thirty-three years after the now listed "1960" date of copyright for the so-called 2,754 "Yertle the Turtle - lithographs," once you read The Chase Group’s convoluted description of “lithography” on their website, it is clear they have a reckless disregard for the truth.

On The Chase Group’s website, it states: “All of our Dr. Seuss Illustration Art prints are created using the historic printmaking technique of Lithography. Unlike the high tech photomechanical process commonly used for posters or offset lithography, this process uses an inked slab of limestone or a specially treated metal plate to transfer an image to a piece of paper with the help of a high pressure press. The stone or plate must be prepared for each color applied. This low-tech hand intensive process can take up to three months of calculated effort, skill and artistry. The result is a beautifully created artwork comprising many of the rich qualities of an original drawing. These prints are superb in quality, and second only to the original work itself.”[FN 11]

You will notice that no where in this Chase Group’s description of lithography does it mention the artist “Theodor Geisel,” much less describing him as “wholly executing” anything, much less a lithograph, as required by U.S. Customs.

Additionally, The Chase Group describes a -lithograph- as being “second only to the original work itself.”

In other words, The Chase Group, with their description, is backhandedly and/or inadvertently admitting the so-called Theodor Seuss Geisel “lithographs,” they promote for sale, are actually, at best, reproductions, not lithographs.

Remember, under U.S. Custom regulations, a lithograph “excludes all mechanical and photomechanical processes.”

For anyone to pass off chromist-made (someone who copies the artist's work) reproductions as original works of visual art ie., “lithographs,” falsely attributed to living or dead artists, is a rank obscenity to the legacy of those artists, not to mention unfair trade against living artists who actually create lithographs, much less all living artists and those who sell fully disclosed reproductions.

The Chase Group, Dr. Seuss Enterprises, L.P. and others, who participate in this Art of Dr. Seuss -fraud-, have no shame.




















A posthumously applied counterfeit “Dr. Seuss” signature.
( right-hand bottom corner detail of “Yertle The Turtle”'[FN 12])


2. COUNTERFEIT SIGNATURES
All so-called “Dr. Seuss signatures” posthumously applied to these 72,000 or more non-disclosed fakes, falsely attributed to Theodor Geisel as “lithographs,” “serigraphs” and edition “sculptures,” are counterfeit.

Theodor Geisel (d 1991) was dead when these so-called “Dr. Seuss signatures” were forged (after 1997).

The dead don’t apply their signature to anything.

Common sense should be enough to accept, without question, the premise that the dead don’t sign anything but to independently document that fact, U.S. Copyright Law does confirm it.

Under U.S. Copyright Law’s 101. Definitions, a -work of visual art- is defined as: “a painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author.”'[FN 13]
















A posthumously applied counterfeit title.
( center-bottom detail of “Yertle The Turtle”)

Now contrast U.S. Copyright Law to The Chase Group’s and Dr. Seuss Enterprise’s published “Certificate of Authenticity” for their so-called Theodor Geisel -lithograph- titled “Yertle the Turtle.”
















CLICK ON CERTIFICATE TO ENLARGE


Just like the "Certificate of Authenticity" above, the so-called -COA- for The Chase Group's "Yertle the Turtle" states: “bears the authorized printed signature - Dr. Seuss -. This signature has been authenticated by Audrey Geisel.”[FN 14]

On page 1387 in the Seventh Edition of Black’s Law Dictionary, the term -signature- is defined as: “A person’s name or mark written by that person or at the person’s direction.”[FN 15]

In 2000, Theodor Geisel could not have written his signature or authorized its’ application under his direction, not to mention the posthumously applied title (center bottom), because he died nine years earlier in 1991.

On page 354 of the Seventh Edition of Black’s Law Dictionary, -counterfeit- is defined as: “To forge, copy, or imitate (something) without a right to do so and with the purpose of deceiving or defrauding.”[FN 15]

In other words, is the posthumous application of so-called “Dr. Seuss” signatures to these posthumously reproduced images done “with the purpose of deceiving or defrauding?”















A posthumously applied counterfeit limited edition number.
(left-hand bottom corner detail of “Yertle The Turtle”)
“Yertle The Turtle
Limited Edition of 2500
155 collaborator proofs
99 Reserved for Patron's Collection
© 2000 The Chase Group, LLC. All rights reserved. Dr. Seuss Properties ™ &
© Dr.Seuss Enterprises, L.P. 2000. All rights reserved.”
http://www.drseussart.com/details/illustration/yertleturtle.html
NON-DISCLOSED POSTHUMOUS FORGERY

3. COUNTERFEIT LIMITED EDITIONS
Theodor Geisel never numbered any of the more than 72,000 so-called “lithographs,” “serigraphs” and edition “sculptures,” falsely attributed to him by The Chase Group.

Theodor Geisel (d 1991) was some six years or more dead when they were actually forged (after 1997).

The dead don’t number.

Common sense should be enough to accept that premise without question that the dead don’t number anything but to independently document that fact, U.S. Copyright Law does, once again, confirms it. As noted earlier, under U.S. Copyright Law’s 101. Definitions, a“work of visual art” is defined as: “a painting, drawing, print or sculpture, existing in a single copy, in a limited edition of 200 copies or fewer that are signed and consecutively numbered by the author”[FN 17]

U.S. Copyright Law and common sense be damned, The Chase Group isn’t going to let a little thing like the truth interfere with commerce.













“Relaxed In Spite Of It
Hand-Pulled Serigraph
on Coventry Rag Paper
Image Size: 24x43
Limited Edition of 850
155 Artist Proofs
99 Patron's Collection Serigraphs
Artwork arrives Unframed & Unstretched
$ 1,095.00 USD
© 2000 The Chase Group, LLC. All rights reserved. Dr. Seuss Properties ™ & © Dr.
Seuss Enterprises, L.P. 2000. All rights reserved.”
http://www.drseussart.com/details/secret/relaxedinspite.html
NON-DISCLOSED POSTHUMOUS FORGERY

4. FAKE SERIGRAPHS
All so-called Theodor Geisel serigraphs are fake. Theodor Geisel (d 1991) was dead when they were forged (after 1997).

The dead don’t create serigraphs.

This perspective that an artist has to be alive to create a serigraph is once again confirmed by the U.S. Customs’ May 2006 An Informed Compliance Publication titled Works of Art, Collector’s Pieces Antiques, and Other Cultural Property. In part, it states: “The expression “original engravings, prints and lithographs” means impressions produced directly, in black and white or in color, of one or of several plates wholly executed by the hand by the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process.”[FN 18]















http://www.drseussart.com/details/secret/relaxedinspite.html


On The Chase Group’s current website as of May 22, 2011, these 1,104 so-called “hand-pulled serigraph{s},” titled “Relaxed In Spite Of It,” that used to be listed as copyrighted "2000" by The Chase Group and Dr. Seuss Enterprises,”[FN 19] are now listed as "TM & 1995 Dr. Seuss Enterprises, L.P."





Detail from: http://www.drseussart.com/details/secret/relaxedinspite.html


Remember, The Chase Group’s website, under “Biographical Data,” states that “Theodor Seuss Geisel died {in} La Jolla, California {on} September 24, 1991.”

So, whether listed with "1995" or "2000" dates by The Chase Group or by the "Dr. Seuss Enterprises, L.P.," a dead Theodor Seuss Geisel (d 1991) could not have created any edition of serigraphs by cutting or painting stencils or printing and registering those colors from those stencils, much less approved and/or signed & numbered anything in the labor intensive original creative medium of serigraphs.

The dead don't serigraph.

So, is it possible that Theodor Geisel “wholly executed by his own hand” 1,104 so-called “hand-pulled serigraphs” before he died in “1991” but were only copyrighted by the estate in "1995" or “2000,” some four to nine years later after his death?

Yes, it is possible until you read The Chase Group’s convoluted description of “serigraphy.”

On that Chase Group’s website, it states: “All of the Dr. Seuss Secret Art graphics are created using an exacting printmaking technique in which ink or paint is pulled through a fine silk or nylon screen onto canvas or 100% rag paper. The process of fine art silk screen printmaking, known as Serigraphy, requires a different screen for each color applied to the print. This intensive process entails months of calculated effort, skill and artistry. The result is a richly, deeply colored artwork comprising many of the qualities of a fine painting. Low edition sizes add validity, rareness and meaning to this respected collection.”[FN 20]

You will notice that no where in The Chase Group’s description of serigraphy does it mention the artist Theodor Geisel, much less describing him as “wholly executing” anything, much less a serigraph, as required by U.S. Customs.

Additionally, The Chase Group describes a -serigraph- as an “artwork comprising many of the qualities of a fine painting.”

In other words, The Chase Group, with their description, is backhandedly admitting the so-called Theodor Geisel “serigraphs,” they promote for sale, are actually, at best, reproductions and not “serigraphs.”

Remember, under U.S. Custom regulations, an “original print” ie., serigraph “excludes all mechanical and photomechanical processes.”

For anyone to pass off chromist-made (someone who copies the artist's work) reproductions as original works of visual art ie., “serigraphs,” falsely attributed to living or dead artists, is a rank obscenity to the legacy of those artists, not to mention unfair trade against living artists who actually create serigraphs, much less all living artists and not to mention those who sell fully disclosed reproductions.

Therefore, it is clear The Chase Group and their Dr. Seuss Enterprises, L.P. are misrepresenting posthumous forgeries, of Theodor Geisel’s paintings, as not only “artwork” and “serigraphs” but disingeniously promoting them as “low edition sizes {that} add validity and rareness” to create the illusion of value and collectability to sell them to unsuspecting consumers.














“Every Girl Should Have A Unicorn
Hand-Pulled Serigraph on archival panel
Image Size: 34x27
Panel Size: 34.25x27.25
Limited Edition of 375
155 Artist Proofs
99 Patron's Collection Serigraphs
Artwork arrives Unframed
$ 1,795.00 USD
© 2000 The Chase Group, LLC. All rights reserved. Dr. Seuss Properties ™ & © Dr.
Seuss Enterprises, L.P. 2000. All rights reserved.“'[FN 21]
http://www.drseussart.com/details/secret/everygirl.html
NON-DISCLOSED POSTHUMOUS FORGERY

5. FAKE ARTIST PROOFS
All so-called "artist proofs" from any so-called -serigraph-, attributed to Theodor Geisel, are fake. Theodor Geisel (d 1991) was dead when these so-called “artist proofs” were forged (after 1997).

The dead don't proof.

Remember, as documented earlier, Theodor Gesiel never created a “serigraph” in his life.

On page 23 of HarperCollins Dictionary of Art Terms & Techniques by Ralph Mayer, it defines -artist proof- as: “one of the PROOFS in a LIMITED EDITION of ORIGINAL PRINTS. An artist’s proof must bear the artist’s signature or mark and, since the early 20th century, is usually numbered.”[FN 22]

Furthermore, to belabor the point, the above so-called Theodor Geisel “serigraph,” listed as having “155 Artist Proofs,” could not have been -artist proofed- and signed by Theodor Geisel in "2000," much less created and numbered by him, because he died nine years earlier in 1991.











“Tufted Gustard Sculpture
Hand-painted cast resin sculpture
Limited Edition of 375
99 Patrons Collection
155 Collaborators Proofs
© 2000 The Chase Group, LLC. All rights reserved. Dr. Seuss Properties ™ &
© Dr.Seuss Enterprises, L.P. 2000. All rights reserved.”[FN 23]
http://www.drseussart.com/details/taxi/tuftedgustard.html
NON-DISCLOSED POSTHUMOUS FORGERY

6. FAKE SCULPTURES
All so-called edition “sculptures,” posthumously forged and attributed to Theodor Geisel, are fake. Theodor Geisel (d 1991) was dead when these so-called “sculptures” were forged (after 1997).

The dead don't sculpt.

In other words, a posthumously reproduced object is at best a reproduction and therefore under U.S. Copyright Law cannot be attributed to the artist.

For the above titled “Tufted Gustard Sculpture,” on The Chase Group’s website, the following -representation- is made: “Hand-painted cast resin sculpture - taken from Theodor Seuss Geisel’s original sculpture entitled Tufted Gustard” in a “Limited Edition of 375 with 99 Patrons Collection and 155 Collaborators Proofs.”'[FN 24]

The only problem is this object represented as a “sculpture” is also listed as copyrighted in 2000, some nine years after Theodor Geisel died in 1991.

Therefore, under U.S. Copyright Law, much less ordinary sense, this so-called “Tufted Gustard Sculpture” could never be a “sculpture” by Theodor Geisel as misleading portrayed by The Chase Group.

On page 1303 of the Seventh Edition of Black’s Law Dictionary, -representation- is defined as: “A presentation of fact - either by words or by conduct - made to induce someone to act, esp to enter into a contract.”[FN 25]

On page 372 in Ralph Mayer’s HarperCollins Dictionary of Art Terms & Techniques, -sculpture- is defined as: “The creation of three dimensional forms by carving, modeling or assembly. In carving, the sculptor removes unwanted material.... In modeling on the other hand, the sculptor creates a form by building it up...”[FN 26]

Under their Getty Vocabulary Program, on the J. Paul Getty Trust’s website, the term -sculptor- is defined as: “Artists who specialize in creating images and forms that are carried out primarily in three dimensions, generally in the media of stone, wood, or metal.”'[FN 27]

The Chase Group, promoting and profiting from this so-called “Art of Dr. Seuss” exhibit, is located in the United States of America. The prior independent documented definitions of “sculpture” and “sculptor” are further reaffirmed by U.S. Copyright Law.

Under U.S. Copyright Law 101. Definitions, a -work of visual art- ie., -sculpture- is defined as: “in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author.”[FN 28]















CLICK ON CERTIFICATE TO ENLARGE

The Chase Group’s so-called “Certificate of Authenticity” for this so-called “Tufted Gustard,” in part, states: “This is a limited edition hand-painted cast resin sculpture -The first cast in this edition was produced in 2000 - “All molds utilized to create this edition were made posthumously.”[FN 29]

On page 70 of Ralph Mayer’s 1999 The HarperCollins Dictionary of Art Terms & Techniques -cast- is defined as: “to reproduce an object, such as a piece of sculpture, by means of a MOLD.”[FN 30]

On page 476 of the Seventh Edition of Black’s Law Dictionary, -disclosure- is defined as: “The act or process of making known something that was previously unknown.”[FN 31]

For The Chase Group to make a -representation- in a “Certificate of Authenticity” that this so-called “Tufted Gustard,” is a Dr. Seuss “sculpture” then at the end make the -disclosure- that it was -cast- ie.. reproduced “posthumously” as if these concepts of sculpture and reproduction were interchangeable, would be a massive -non-sequitor-.

On page 1080 of the Seventh Edition of Black’s Law Dictionary, -non-sequitur- is defined as: “An inference or conclusion that does not logically follow from the premises.”[FN 32]

In other words, by definition and under U.S. Copyright Law, you cannot call a reproduction a “visual work of art” ie., sculpture, much less attribute that reproduction to that artist whether they are alive or dead. Without full and honest disclosure to reproductions as “reproductions” by The Chase Group, how can the consumer give informed consent before they chose to attend a so-called "Art of Dr. Seuss" exhibit much less whether they decide to purchase one of these non-disclosed “reproductions?”

On page 300 of the Seventh Edition of Black’s Law Dictionary, -consent- is defined as: “Agreement, approval or permission as to some act or purpose, esp. given voluntarily by a competent person.”[FN 33]

Therefore, since the 20th-century artist Theodor Geisel died nine years earlier in 1991, by definition and under U.S. Copyright Law, these posthumously forged 21st-century objects, could never be sculptures, much less by Theodor Geisel.

In other words, the 20th-century dead don't sculpt 21st-century sculptures.

Furthermore, in The Chase Group & Dr. Seuss Enterprises’ so-called “Certificate of Authenticity,” it states: “Each sculpture bears the authorized engraved signature Dr. Seuss. The signature has been authenticated by Audrey Geisel, widow of Theodor Seuss Geisel.”[FN 34]

Once again, by definition, the dead cannot apply their signature, much less authorize its’ application.

Additionally, under U.S. Copyright Law, this 21st-century reproduction could not have been “consecutively numbered by the author” in 2000, because the 20th-century artist Theodor Geisel died nine year earlier in 1991.

In the so-called “Certificate of Authenticity” for this so-titled “Tufted Gustard Sculpture,” the term “sculpture” is cited seven times. The term “reproduction” is -never- mentioned once.














"At work on a drawing of The Grinch for How the Grinch Stole Christmas, in 1957."

en.wikipedia.org/wiki/Dr. Seuss


7. WHEN THE FRAUD BEGAN
In 1997, six years after Theodor Geisel’s death in a 1991, The Chase Group letterhead cover letter subtitled “Introduction to The Secret Art of Dr. Seuss” and addressed to “Gallery Owner/Operators,” the President of The Chase Group L.L.C. Bob Chase, Jr. wrote: “After months of careful consideration and close work between myself and Mrs. Geisel, we are proud to announce the inaugural release of The Art of Dr. Seuss. This incredibly special collection of work highlights the entirety of Seuss’s career, letting us view his work in the context of his artistic evolution.”[FN 35]

This so-called "Art of Dr. Seuss" consists of over 72,000 non-disclosed forgeries misrepresented for sale as original works of visual art ie., lithographs, serigraphs and [edition] sculptures.

These forty-nine or more editions are promoted by The Chase Group as “fully authenticated, hand-pulled graphics”[FN 36] and “a series of never-before-seen sculptures created by Dr. Seuss,”[FN 37] all with an “authorized printed {or} engraved signature Dr. Seuss.” These so-called Dr. Seuss “graphics” and “sculptures” range in price from $225 to $9,000 or more each for a gross total of more than $47 million dollars.

It would be funny, if not for the fraud, but Theodor Geisel has "never-before-seen" the non-disclosed posthumous forgeries that The Chase Group and others are so eager to give him credit for.

Additionally in this letter, Bob Chase Jr. states the Dr. Seuss “serigraphs” were recreated by “master printmakers”[FN 38] and Dr. Seuss “lithographs” were recreated by “top lithographers.”[FN 39]

Recreate is being used as an euphemism for forged, much less reproduce.

So, who are these so-called “master printmakers” and “top lithographers” who posthumously “recreated” this so-called “Art of Dr. Seuss?”













Cat Carnival In West Venice
Hand-pulled serigraph on canvas
Image size: 29x31
Limited Edition of 375 with 55 proofs
99 Patron's Collection serigraphs on canvas
Artwork arrives Unframed & Unstretched
© 2000 The Chase Group, LLC. All rights reserved. Dr. Seuss Properties ™ &
© Dr. Seuss Enterprises, L.P. 2000. All rights reserved.”[FN 40]
http://www.drseussart.com/details/secret/catcarnival.html
NON-DISCLOSED POSTHUMOUS FORGERY


8. CHAMELEON EDITIONS
One of those so-called “master printmakers” is Chameleon Editions located in New Jersey. They are actually chromists, which is defined as individuals who reproduce art for an artist or in the so-called “Art of Dr. Seuss” case, an estate. The above titled “Cat Carnival In West Venice” is an example of Chameleon Editions’ handy-work. The result being chromist-made reproductions. This is confirmed in a August 26, 1998 letter to this author from the Chameleon Editions representative Stan Rosenberg. In the correspondence to this author, he stated: “We have done prints for - Dr. Seuss - We approach each print by following the logic and the style of the original that we are reproducing, and each screen that we print is from a hand drawn plate, and every color that we print is matched by eye.”[FN 41]

Unfortunately, in 1998, the “we” that made the “hand drawn plate” and the “color - matched by eye” did not include Theodor Geisel’s hand or eye.

Remember, Theodor Geisel had died seven years earlier in 1991 and under U.S. Customs regulations “original prints” ie., serigraphs must be “wholly executed by the hand of the artist.”

The dead don't wholly execute.














“The Lorax
Hand-pulled lithograph on archival paper
Image size: 9x12
Limited Edition of 2500 with 155 proofs
99 Patron's Collection lithographs on archival paper
This print arrives Unframed without matting
© 2000 The Chase Group, LLC. All rights reserved. Dr. Seuss Properties ™ &
© Dr. Seuss Enterprises, L.P. 2000. All rights reserved.”[FN 42]
http://www.drseussart.com/details/illustration/iamlorax.html
NON-DISCLOSED POSTHUMOUS FORGERY

9. S2 EDITION LTD.
Another of the so-called “master printmakers” and (in this case) “top lithographers” is S2 Editions Ltd. located in New York. They are actually chromists, which is defined as individuals who reproduce art for an artist or in the so-called “Art of Dr. Seuss” case, an estate. The above titled “The Lorax” is an example of S2 Editions Ltd.’s handy-work. The result being chromist-made reproductions and not “lithographs” as misleading promoted. In a September 1, 1998 letter to this author, S2 Editions Ltd.’s Facility Manager Joseph Sercia stated: “The following images were printed for the Bob Chase Gallery: The Lorax, The Bee Watcher, Sleepers, Fish Bowl, Thing 1 and Thing 2, and Green Eggs.”[FN 43]

That S2 Edition Ltd. “printed” editions, titled “The Lorax,” is promoted by The Chase Group as a “hand-pulled lithograph.” Can any image, much less “The Lorax” be attributed in 1998 as a “hand-pulled lithograph” to Theodor Geisel even though he died seven years earlier in 1991?

Once again, in U.S. Customs’ May 2006 An Informed Compliance Publication titled Works of Art, Collector’s Pieces Antiques, and Other Cultural Property, it states: “The expression “original engravings, prints and lithographs” means impressions produced directly, in black and white or in color, of one or of several plates wholly executed by the hand of the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process.”[FN 44]

Therefore, under U.S. Customs, these so-called Dr. Seuss images, posthumously “recreated,” after 1997 some six years or more after Theodor Geisel’s death in 1991, by “master printmakers” and “top lithographers” could not be “Dr. Seuss lithographs” and “Dr. Seuss serigraphs” because they could not have been “wholly executed by the hand of the artist” Theodor Geisel who died six year earlier.

As ordinary sense would dictate, these posthumously “recreated” images and objects would be, at best, “reproductions.”

On page 350 in Ralph Mayer’s HarperCollins Dictionary of Art Terms & Techniques the term “reproduction” is defined as: “A general term for any copy, likeness, or counterpart of an original work of art or of a photograph, done in the same medium as the original or in another, and done by someone other than the creator of the original.”[FN 45]

Since Theodor Geisel was dead when these images were forged, obviously they would be, at best, reproductions ie., “done by some other than the creator of the original.”

Under U.S. Copyright Law 106A. Rights of Attribution - “shall not apply to any reproduction.”[FN 46]

Additionally, under U.S. Copyright Law 103. “Subject matter of copyright: Compilations and derivative works,” in part, it states: “The copyright in a compilation or derivative work extends only to the material contributed by the author of such work.”[FN 47]

In other words, under U.S. Copyright Law the dead cannot create a “work of visual art” and reproductions cannot be “attributed” to a living artist much less a dead one.

Subsequently, any “derivatives” ie., reproductions of Dr. Seuss “works of visual art” and those reproduction rights, under U.S. Copyright Law, would be owned by those so-called “master printmakers” and “top lithographers” who actually reproduced it.

Unless The Chase Group and/or Audrey Geisel, who owns the copyright to the Dr. Seuss’ “works of visual art,” had those “reproduction rights” reassigned in writing back to them from those individuals who reproduced them such as Chameleon Editions and S2 Editions Ltd, those same individuals would have the right to reproduced more without the permission or knowledge of The Chase Group and/or Audrey Geisel.

Of course, if The Chase Group and/or Audrey Geisel understood their rights under U.S. Copyright Law and had all “reproductions rights” reassigned back to them from these individuals who reproduced these Dr. Seuss’ images and objects, then that would be a written admission that they knew from the very beginning that they were, at best, -reproductions- and not original works of visual art ie., -lithographs- and -serigraphs-, much less -sculptures-.

On The Chase Group’s website, it states: “The Chase Group is a premier fine art publishing company which publishes, markets and distributes artists who possess a unique and extraordinary talent within their chosen medium.”[FN 48]

How did original works of visual art ie., -serigraphs-, -lithographs-, not to mention -sculpture-, become a “chosen medium” for Theodor Geisel (d 1991) after his death (after 1997)?

The dead don't choose.

Furthermore, on The Chase Group’s website, it states: “Upon founding The Chase Group, Chase Jr. developed The Art of Dr. Seuss project, giving collectors their first opportunity to own artwork from the archives of this 20th century author and illustrator.”[FN 49]

On page 230 of Webster's New World Pocket Dictionary Fourth Edition, -oxymoron- is defined as: “combination of contradictory ideas or terms.”[FN 50]

Would it be a “combination of contradictory ideas or terms” ie., oxymoron, by The Chase Group, to offer for sale posthumous forgeries, the majority forged in the 21st-century, as “20th-century” Theodor Geisel a.k.a. Dr. Seuss “artwork?”

10. LAWS & CONSEQUENCES
The Chase Group, that is publishing and promoting this so-called “Art of Dr. Seuss,” is located in Chicago, Illinois.

What legal statutes, in the sale of “reproductions,” may be applicable in the State of Illinois?

ILLINOIS FINE PRINT DISCLOSURE ACT
Illinois’ Fine Print Disclosure Act 815 ILCS 345/ require -reproductions- sold for $50 or more must be disclosed in writing as “reproductions.” Failure to comply to this act may include but not limited to: refund, interest, treble damages and a up to a $1,000 fine per occurrence.[FN 51]

FEDERAL TRADE COMMISSION
Section 5 of the FTC Act prohibits “unfair---acts or practices in or affecting commerce.” In part, it states: “A seller’s failure to present complex technical data on his product may lessen a consumer’s ability to choose, for example, but may also reduce the initial price he must pay for the article.”[FN 52]

Would the “consumer’s ability to choose” be undermined if they were not informed that the so-called Dr. Seuss -lithographs-, -serigraphs- and -sculptures- being offered for sale at $225 to $9,000 dollars each, were at best reproductions?

Section 9, of the Illinois Fine Print Disclosure Act 815 ILCS 345/, states: “Proof that no person has been misled or deceived or otherwise damaged by any violation of this Act shall not constitute a defense in any prosecution under this Act.”[FN 53]

Remember, on page 670 of the Seventh Edition of Black’s Law Dictionary, -fraud- is defined as: “A knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment.”[FN 54]

Would anyone that misrepresents posthumous reproductions, much less posthumous forgeries, as an original work of visual art ie., -lithograph-, -serigraph-, and -sculpture-, for the sale price of $225 to $9,000 or more each, be committing “a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment?”

11. OTHER STATE STATUTES
CALIFORNIA
California Civil Code 17.38 to 17.45 requires certain disclosure of reproductions if sold for $100 or more. Specifically, California Civil Code 1741 states: “This title shall apply to any fine art multiple when offered for sale or sold at wholesale or retail for one hundred dollars ($100) or more, exclusive of any frame.” Additionally, California Civil Code 1742 (b) states: “This law requires disclosure - whether the multiple is a reproduction.”[FN 55]

GEORGIA
Georgia Annotated Code 10-1-430 to 10-1-437 requires disclosure of reproductions as “reproductions” if sold for $100 or more. Specifically, Georgia Annotated Code 10-1-437 states: "Georgia law provides for disclosure in writing of information concerning certain fine prints and photographs prior to effecting a sale of them. This law requires disclosure of such matters as the identity of the artist, the artist's signature, the medium, whether the multiple is a reproduction..”[FN 56]

MICHIGAN
Michigan’s ART MULTIPLES SALES ACT (EXCERPT) Act 40 of 1987 requires disclosure of reproductions as “reproductions” if sold for $100 or more. This is specifically documented under 442.353 Catalog, prospectus, flyer or other written material or advertisement. [M.S.A. 19.409(3) ] in the State of Michigan’s ART MULTIPLES SALES ACT, where it states:“if sold or exchanged for value exceeding $100.00 each, exclusive of any frame, before the sale or exchange. This law requires disclosure of information such as the identity of the artist, the authenticity of an artist's signature, the medium, whether the multiple is a reproduction.”[FN 57]

POTENTIAL PENALTIES FOR FAILING TO GIVE FULL DISCLOSURE
South Carolina, North Carolina, Maryland, New York and many other states have similar disclosure statutes requiring disclosure of reproductions as “reproductions.” The statutory penalties in many of these states for failing to disclose a reproduction as a “reproduction” may include but not limited to: refund, interest, attorney fees, court costs, expert witness fees, treble damages and potential $1,000 fines per occurence.

12. PRECEDENT
The United States Postal Inspection Service, under Section 1341, Fraud and Swindles, states: “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representation or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”[FN 58]

In the March 17, 2004 News-10-Now’s “US Attorney’s Office investigates art fraud” story by Carmen Grant, State of New York Assistant U.S. Attorney Lisa Fletcher is quoted as stating: “What we found is that Anthony Marone and William Yager conspired with one another, since at least as far back as 1999, to post on ebay for auction works of art that they represented to be original by original famous artists, and what they actually sold was counterfeit works of art. By doing that they committed several federal offenses including conspiracy to commit wire fraud and mail fraud.”[FN 59]

Would anyone, much less The Chase Group and participating galleries that are misrepresenting posthumous forgeries with posthumously applied counterfeit “Dr. Seuss” signatures, as original works of visual art ie., -lithographs-, -serigraphs- and -sculptures- on internet websites and through the U.S. Mail for potential sales and other monetary considerations, be “devis{ing} or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representation or promises?”

13. CONCLUSION
What needs to be accomplished is the full and honest disclosure of reproductions as -reproductions- by all museums, auction houses, academia, galleries and art dealers. If The Chase Group, participating galleries and others involved, in this so-called “Art of Dr. Seuss,” will give full and honest disclosure to all reproductions as: -reproductions- whether they had been posthumously reproduced or not, it would allow consumer the potential to give informed consent if they chose to attend an exhibit of reproductions, much less purchase one of these reproductions.

But if these reproductions are not disclosed as -reproductions- or the reproductions are not copies of the artist’s original artwork because they are second generation or more removed -forgeries- and/or have counterfeit signatures forged to them, then serious consequences of law may come into play for those who chose to misrepresent these -reproductions- and/or -forgeries- for profit.

The reputations and legacy of living and past artists, present and future consumers ie., the art-buying public deserve the re-establishment of the obvious; that the living presence and participation of the artist to once again be required, as it always should have been, to create the piece of art attributable to the artist if indeed it is attributed to them, much less purported to have been signed by them.


FOOTNOTES:
1.p 670, Seventh Edition of Black's Law Dictionary, Copyright © 1999, By West Group, ISBN 0-314-22864-0

2.
Ibid, p 618

3. Ibid

4. http://www.cbp.gov/xp/cgov/trade/legal/informed_compliance_pubs/

5. http://www.drseussart.com/ biography.html

6."This titled was originally catalogued by the Library of Congress as follows: Seuss, Dr., The cat in the hat comes back! By Dr. Seuss, [pseud. New York] Beginner Books, distributed by Random House [1958] ISBN 0-394-80002-8 ISBN 0-394-90002-2

7.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=7&galurl=www.chaseart.com&cgrfnbr=521&prrfnbr=111057

8. http://www.cbp.gov/xp/cgov/trade/legal/informed_compliance_pubs/

9.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=7&galurl=www.artleaders.com&cgrfnbr=521&prrfnbr=197616

10.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/enterartist.d2w/report?a=1&galurl=www.artleaders.com

11.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/seussframe2.d2w/report?galurl=www.artleaders.com

12. Photograph of the so-called “Dr. Seuss” signature from “Yertle the Turtle” posted on Ebay auction.

13. http://www.copyright.gov/title17/92chap1.html#101

14.
Copy of the “Certificate of Authenticity” for -Cat in the Hat- was acquired from a seller in a Ebay auction.

15. Copyright © 1999, By West Group, ISBN 0-314-22864-0

16. Ibid

17. http://www.copyright.gov/title17/92chap1.html#101

18.http://www.cbp.gov/xp/cgov/trade/legal/informed_compliance_pubs/

19.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=74206

20.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/seussframe1.d2w/report?galurl=www.artleaders.com

21.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326

22.Published and copyrighted © 1969, 1991 by Bena Mayer ISBN 0-06-461012-8 (pbk.)

23.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326

24.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326

25. Copyright © 1999, By West Group, ISBN 0-314-22864-0

26. Copyright © Bena mayer, Executrix of the Estate of Ralph Mayer, 1991, ISBN 0-0670-83701-6

27. www.getty.edu

28. http://www.copyright.gov/title17/92chap1.html#101

29.Copy of the “Certificate of Authenticity” for -Tufted Gustard- was acquired from a seller in a Ebay auction. The Chase Group’s “Certificate of Authenticity,” for the so-titled “Tufted Gustard Sculpture,” states:
  • “This is a limited edition, hand-painted cast resin sculpture taken from Theodor Seuss Geisel’s original sculpture entitled Tufted Gustard (1934). This work is the second release in Theodor Geisel’s self-titled Collection of Unorthodox Taxidermy, a small collection of sculptures created by Geisel in the early 1930’s.
  • ‘Over a period of six months, a series of models, molds and casts were developed to match the exacting standards set forth by Geisel in his original Tufted Gustard sculpture. Once a “master cast” completed which accurately re-created the original work, the models and molds used in the early proofing stages were destroyed.
  • “A master production mold was then made and each sculpture was individually cast, cured, hand-finished, and finally, hand-painted. Therefore, each sculpture was individually hand-numbered.
  • “The first cast in this edition was produced in 2000. There are 375 sculptures numbered 1/375- 375/375, 99 Patron’s Collection sculptures numbered I/XCIX- XCIX/XCIX, and 155 Collaborator’s Proofs numbered CP 1/55/155.
  • “Certificate of Authenticity
  • “Each Sculpture bears the authorized engraved signature: Dr. Seuss. This signature has been authenticated by Audrey Geisel, widow of Theodor Seuss Geisel.
  • “Theodor Geisel’s original sculpture is maintained in the Geisel Family Archives.
  • “All molds utilized to create this edition were made posthumously and are destroyed upon completion of the edition. This is to certify that all the information and the statements contained herein are true and correct.
  • “TM & © Dr. Seuss Enterprise, L.P. 2000 Seuss Hat Logo TM & © Dr. Seuss Enterprises, L.P. 1958 All Rights Reserved THE CHASE GROUP, CHICAGO, ILLINOIS”

30. Copyright © Bena mayer, Executrix of the Estate of Ralph Mayer, 1991, ISBN 0-0670-83701-6

31. Copyright © 1999, By West Group, ISBN 0-314-22864-0

32. Ibid

33. Ibid

34. CERTIFICATE INFO

35.November 1999 Art World News (Trade Magazine) “The Chase Group” advertisement

36.August 1998 Decor (Trade Magazine) “The Chase Group” advertisement

37.August 20, 1997 Included in correspondence from Doug Garrett, The Chase Group L.L.C. Fine Art Management 1113 W. Armitage Chicago, IL 60614 (773) 404-7900 (773) 404-9042 FAX

38.“The first two Secret Art releases, A Plethora of Cats and Indistinct Cat With Cigar, were painstakingly recreated in small limited editions by master printmakers using the age-old tradition of hand-pulled serigraphs. Each piece is a myriad of colors, hand-inked via silkscreen onto archival canvas, thereby keeping the images true to their original expression (as original oil paintings). The image size of each piece is approximately 24” x 46”. The editions are limited to 350 and the retail price is $1500.”

39.“The image from Dr. Seuss’s 1960 Green Eggs and Ham is a delicate drawing recreated as a hand-pulled lithograph on archival paper. We employed the top lithographers in the industry to faithfully recreate these images in a limited editions of 1500. The size is approximately 11” x 14” and the retail price is $225.
40.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.chaseart.com&cgrfnbr=520&prrfnbr=536

41.Chameleon Edition, Inc. 49 Morton Place Jersey City, NJ 07305 (201) 434-6296 FAX (201) 434-1632

42.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.chaseart.com&cgrfnbr=521&prrfnbr=577


43.S2 Editions Ltd. 155 Avenue of the Americas New York, NY 10013 (212) 206-7345 (212) 206-7645 FAX

44.http://www.cbp.gov/xp/cgov/trade/legal/informed_compliance_pubs/

45. Copyright © Bena mayer, Executrix of the Estate of Ralph Mayer, 1991, ISBN 0-0670-83701-6

46. http://www.copyright.gov/title17/92chap1.html#101

47. http://www.copyright.gov/title17/92chap1.html#101

48. www.chaseart.com/pages/chase/welcome.html

49. Ibid

50. © 1999, by IdG Books Worldwide, Inc., ISBN 0-7645-6147-2

51.On the www.legis.state.il.us/legislation/ilcs/ch815/ch815act345.htm website, the Illinois Fine Print Disclosure Act additionally states:
  • (815 ILCS 345/2)
  • Sec. 2.
  • “Nothing in this Act applies to any print when offered for sale or sold at wholesale or retail unframed for $50 or less, or framed for $60 or less. (Source: P. A. 77-1398.)
  • (815 ILCS 345/5) Sec. 5.
  • “No catalogue, prospectus or circular offering fine prints for sale in this State shall be knowingly published or distributed, or both, unless it clearly and conspicuously discloses the relevant informational detail concerning each edition of such prints so offered as required by Section 7.
  • “If the person offering such prints by means of such publication disclaims knowledge as to any relevant detail required by Section 7, he shall so state specifically and categorically with regard to each such detail to the end that the purchaser shall be enabled to judge the degree of uniqueness or scarcity of each print contained in the edition so offered. Describing the edition as an edition of "reproductions" eliminates the need to furnish further informational details unless such edition was allegedly published in a signed, numbered, or limited edition, or any combination thereof, in which case all of the informational details are required to be furnished. (Source: P. A. 77-1398.)”

52. http://www.ftc.gov/privacy/privacyinitiatives/promises.html

53.www.legis.state.il.us/legislation/ilcs/ch815/ch815act345.htm

54. Copyright © 1999, By West Group, ISBN 0-314-22864-0

55.http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=35364124403+2+0+0&WAISaction=retrieve

56. http://www.lexisnexis.com/hottopics/gacode/Default.asp

57. Act 40 of 1987 442.365 Action to enforce act. - ART MULTIPLES ...

58.http://www.law.cornell.edu/uscode/uscode18/usc_sec_18_00001341----000-.html

59. news10now.com/content/all_news/?ArID= 12317&SecID=83

19 Comments:

Anonymous Anonymous said...

I agree,

It really is buyer be-aware.

We own three of the Dr Seuss prints, although we bought understanding that very fact (and because they made us smile). I doubt our pieces will ever have any real value based on the volume in circulation.

We originally came across the Dr Seuss collection when we were on holiday in America and were very excited about owning one, until we realised what the deal with them was and did not want to pay that much for art, that to us was essentially a poster.

Five years later a local art dealer in Ozzy had the exhibition, with only 2 pieces per print being available, some we were told were the very last available and would be worth a bit of money and we were lucky to be seeing these pieces. I think buying art in this type of way tends to make people panic buy or make rash decisions.

Luckily we knew what they were, had relaxed about not owning original pieces of art and bought them on that basis as they would make a great addition to some of our more serious additions.

However, I wonder how many people didn’t have that same knowledge and have paid a lot of money for the sold out editions.

There also appears to be an increasing trend of artists releasing large runs (2500) of their original pieces that cost anything from a couple of thousand up to $20,000 for original proofs. While I don’t have any objections to this I would suggest to people that you can own some fantastic original pieces art for around the same price or less ($500 -$3500) from your local artists.

10:21 PM, February 21, 2010  
Blogger Naresh said...

Colorful Collections and Nice Article. Thanks for sharing. I too like the African Art very much.

2:15 AM, June 23, 2010  
Blogger Mad William said...

Wow, I' don't know where to begin.
You clearly don't have all the facts. A little information is a dangerous thing.

It's never been a secret that these Seuss works were done after his death.

Or that he himself, arranged with his now widow Audry, to do this after he died.

Chase group is just the agent/publisher that works for the estate of Dr Seuss.

They're not forgeries, and it's not fraud. They are replicas of his original works. The dates are when the originals were made and when they were reproduced.

It's never been a secret. All galleries should be upfront with buyers and tell them what they are buying. Big surprise that some people are dishonest.

On the lithos, the editions are larger to make sure they are available to more buyers. The serigraphs are smaller editions and do sell out. And do go up in value.

Are they investment works. Only time and history will tell.

This whole post sounds more like you have a personal grudge against the Chase Group.

Although after going back through your writing, you seem to be upset with most of the art world.

Maybe you're taking all of this a little too seriously.

3:03 PM, July 30, 2010  
Blogger Gary Arseneau said...

July 30, 2010

Dear Mr. Williams:

Replica is defined as: "an exact copy of duplicate of a work, done in the same size and in the same medium, and done by the artist who create the original."[FN1}

Lithographs, much less serigraphs, are original works of visual art that "must be wholly executed by hand by the artist and excludes any mechanical and photomechanical processes."[FN2]

Under U.S. Copyright Law 101, for works of visual art to be considered a -limited edition- they must be "signed and numbered by the author."[FN3]

Finally, the Chase Group operates out of Illinois. Under the State of Illinois' Chapter 815 [FN4], reproductions sold for $50 or more must be disclosed as -reproductions-.

So, is this posthumous (after 1997) promotion and sale called, at best, the -Reproductions of Dr. Seuss-?

No.

The Chase Group and others misrepresents these posthumous forgeries as -Art of Dr. Seuss-, all of which are additionally misrepresented as having a "Dr. Seuss" signature.

How'd a dead Theodor Geisel (d 1991) do that?

In closing, I hope these facts will help you understand the dead don't create art, much less sign it.

Respectfully,

Gary Arseneau
artist, creator of original lithographs & scholar
Fernandina Beach, Florida

FOOTNOTES:
1. p 350, Ralph Mayer's HarperCollins Dictionary of Art Terms & Techniques
2.U.S. Customs Informed Compliance Works of Art, Collector's Pieces, Antiques, and Other Cultural Property
- 05/01/2006
3.http://www.copyright.gov/title17/92chap1.html#101
4. http://law.justia.com/illinois/codes/chapter67/2334.html

4:21 PM, July 30, 2010  
Anonymous Chris said...

I've checked out your site and your writing about other artists, and it left me wondering what motivates you to spend such exorbitant amounts of time "proving" facts which are already common knowledge. Perhaps you were burned by a dishonest gallery or, more likely, it's simply professional jealousy of deceased artists who receive more attention than you -- regardless, your angry and pseudo-academic diatribes are the ramblings of a tin-foil hat-wearing conspiracy theorist.

I live in San Diego, so through the course of attending local art shows I have met Audrey Geisel and seen several of Seuss' originals. I have also seen the reproductions in perhaps a dozen or so galleries. Never in any of these circumstances has any fact about their origin or any detail about their reproduction been misrepresented to me. Every single gallery rep has said the same thing: Everything was done posthumously, even the signature. In fact, what they have said is so similar that I suspect it came from a Chase Group playbook.

There are, of course, a few shady dealers in the world who will bend the truth (or outright lie) to sell a piece. I am sure that some have misrepresented this work, just as they have done for every other artist in existence. This is nothing new and your work does nothing to further illuminate or eradicate that fact. Perhaps you would do better to gain attention by focusing on your own art rather than battling imaginary demons.

(Re-posted from similar post)

11:56 AM, September 30, 2010  
Blogger Gary Arseneau said...

October 4, 2010

Dear Chris:

Your comments, directed toward me, are "appealing to personal prejudices rather than to reason; attacking an opponent's character rather than the opponent's assertions" which is one legal definition of -ad hominem-.

Respectfully,

Gary Arseneau
artist, creator of original lithographs & scholar
Fernandina Beach, Florida

8:46 PM, October 04, 2010  
Anonymous Robert said...

Hi,

I own 2 pieces (Serigraphs)and am wondering if the prices that were paid for these have been damaged in any way due to the "fraud" discussions here. In 10 years, they have not increased in value in any way that I can see, but am wondering if people would still buy these if I put them up.

2:36 PM, January 24, 2011  
Blogger Jazzman said...

I have a piece of sheet music from 1936 for a song called "Christopher Columbus" and
while not signed, I believe that the cartoon cover is by Theodore Geisel. Is this a known item? If not, may I mail a photocopy for your opinion? I'm not set up for scanning.

Warren H.

3:43 PM, July 19, 2011  
Blogger Jazzman said...

I have a piece of sheet music from 1936 for a tune called "Christopher Columbus" and while not signed I believe that the
cover illustration is early Dr. Seuss. Is this a known item? If not, can I mail you a photocopy for your opinion? I'm not set up to scan.

Jazzman

3:48 PM, July 19, 2011  
Anonymous Anonymous said...

As near as I see, Mr. Arseneau's article is perfectly factual and accurate.

I've bought several of the lithos and early sculptures. I was fully informed that Ted G. had died and I was aware that these were all created posthumously. (I have no grudge and no stake in this game as I'm a happy camper.)

Of course this is all coming down to semantics. If they were all sold with the word "Reproduction" in their descriptions, Mr. Arseneau wouldn't seem to have an argument at all.

However, I believe he's correct that they aren't, and that the use of the terms "Sculpture", and "Lithograph" do have a well established meaning that includes the participation of the living artist.

It's also true however that saying "Dr. Seuss Sculpture" can also be viewed as a shorthand of sorts for saying "A sculpture produced by some unknown artist which is based on the drawings of Ted G. and being sold by his estate." But, unless all parties that shorthand, it's true that it's misleading.

So, while this may not be very relevant today, when the pieces are being sold in (mainly honest) galleries who are giving full disclosure, etc., it may become confusing in the future.

Imagine what the market will look like a century from now. Mrs. G will have passed on, we don't know if the Chase group will persist in creating new art "in the style of" Dr. Seuss, etc., but if they are no longer around and the artwork is being sold on secondary markets, auction houses, etc. then using the inaccurate terms "Sculpture" becomes a bigger deal.

It's one thing to ignore the definitions *now* when it's not so important, but Dr. Seuss has endured a long time and I expect that it will continue to hold a special place in people's hearts. The art markets of the future is not well served by mislabeling the product now.

Is this a viable lawsuit? I'm no lawyer, but it's hard to see that the current "generation" of purchasers has incurred damages from the misrepresentation. I certainly wouldn't try to sue based on my experiences, but I'm not an intellectual property laywer.

Also, the fact that this discussion takes place, and may be available to future buyers who do any research online should also help.

But, at the end of the day, I agree that it would be better if, at least in the fine print and the "Certificates of Authenticity", the true situation were clearly spelled out.

Thanks for the discussion. Steve.


p.s. It does make me wonder... if *I* were to create a sculpture of "a creature in the style of a Brown Bar-Ba-Loot", and signed it myself, could I still market it as "Dr. Seuss" artwork? Does the signature of Ted G. as authenticated by his wife matter in regards to the marketing message? Could they sue me? Has "Dr. Seuss" become a brand name, or a common word based on the way they are using it?

4:40 PM, December 23, 2011  
Anonymous Anonymous said...

Steve again...

It's also worth noting that on the website at http://www.drseussart.com/faq.html

They go to great lengths to validate their approach and trying to give it legal footing. Ex:

"Following each collection below is a link for the "Guide to the New York Print and photographic law" www.collegeart.org/guidelines/photolaw.html. This is the foundation for this collection of artworks and is considered the Gold Standard in the art Industry. "

So, I don't know to what extent they are legally correct. And they do use the words "reproduction" on their website to describe the pieces.

Either way, it's clear that a hundred years from now someone may come across a bronze of "Horton" (which Ted G. had absolutely nothing to do with) and think, wow, I didn't know Dr. Seuss did sculptures.


If you found out today that Rodin just did drawings, and "The Thinker" was something that someone else did based on those drawings, you'd be pretty bummed.

Steve.

5:11 PM, December 23, 2011  
Blogger Gary Arseneau said...

December 23, 2011

I thank you for your comments.

To learn how The Chase Group's avarice is skewing reality in their online posted FAQ, read my "Art of Dr. Seuss Fraud Coverup" monograph by linking to:

http://garyarseneau.blogspot.com/2007/05/art-of-dr-seuss-coverup.html

Caveat Emptor!

Gary Arseneau

6:58 PM, December 23, 2011  
Anonymous Anonymous said...

You should be ashamed of yourself. All this effort for NOTHING! The artwork came from his widow who copyrighted them from 1995-1999. What an idiot!

1:28 AM, January 01, 2014  
Blogger Gary Arseneau said...

January 1, 2014

Re: "You should be ashamed of yourself. All this effort for NOTHING! The artwork came from his widow who copyrighted them from 1995-1999. What an idiot!"

Dear Anonymous:

I thank you for your comment. If I may share a few facts of interest.

Theodor Geisel died in 1991.

Under U.S. Copyright Law the Rights of Attribution do not apply to reproductions.

Therefore, in 1995-1999, anything reproduced could not be attributed to a dead Theodor Geisel [d 1991] a.k.a. Dr. Seuss.

The dead don't create artwork.

In closing, I hope your visceral reaction is not because you have purchased one or more of these non-disclosed posthumous forgeries with counterfeit "Dr. Seuss" signatures in bogus editions and therefore have a substantial monetary motive to be in denial.

I hope it works out for you.

All the best,

Gary Arseneau
artist, creator of original lithographs

9:44 AM, January 01, 2014  
Anonymous Anonymous said...

Hi. there is a lamp on ebay for sale. if you go to ebay and type in chinese man lamp it will pop up. The seller is claiming that it is a Dr. seuss carving. the bid started out at $ 290.00 something. I sent a comment to the seller saying that I did not believe that it was a work of Dr. seuss. The seller responed that tho he/ she can not prove it they absolutely believe it is. After the response the starting bid was raised to $75,000,00. Can someone look at the ebay site and please comment on it ? Any help would be greatly appreciated. thank you

4:07 PM, February 24, 2014  
Anonymous Anonymous said...

I've read your in depth and labored writings on the topic of the Dr Seuss art. You, sir, have far too much time on your hands. Art exists in the eye of the beholder. If a piece of "artwork" is sold to a person who is willing to pay while knowing all that you have described, it is none of your concern. As many commenters have stated, I've never seen or heard a single gallery employee misrepresent the series of piece being sold as anything other than posthumous. I think it's possible that you may be suffering from a case of the "literals" and that your opinion of yourself as a scholar might not properly represent the fact that you have an overwhelming need to try to discover the alleged truth to the point where it has become an obsession. You either suffer from Obsessive-Compulsive disorder or possibly (and primarily because of your scholarly tenor) Asperger's Syndrome (aka the little professor's disease).
Since art is objective you cannot be the arbiter of how it is perceived by others. And since the people here have not been either informed or put off by what you described at great length. What you say is irrelevant.

11:51 PM, May 18, 2016  
Blogger Gary Arseneau said...

Dear Anonymous [from New York, New York]:

I thank you for expressing your opinion.

Fortunately, I must inform you that art, attributed to an artist if attributed to that artist, must be created by hand by that living artist. Theodor Geisel was dead when this so-called "Art of Dr. Seuss" was made. The dead don't create art. That is about as "objective" as it gets.

Additionally, aside I am an artist who creates lithographs [and serigraphs], labors to print them by hand using my Conrad Combination Press and then signs and numbers those editions of original works of visual art versus a dead Theodor Geisel who has done neither, I am morally obligated to disclose the fraud and unfair trade of those, such as The Chase Group and their gallery associates who would act on the belief that the living presence of the artist is not required for the tens of thousands of non-disclosed posthumous forgeries with counterfeit "Dr. Seuss" signatures in bogus editions they falsely attribute to "Dr. Seuss" for sale to the public for hundreds to thousands of dollars each, grossing well over $100 million.

Normally you find individuals of this character in a correctional institution.

In closing, I hope that someday you might have the courage and character to identify yourself with your opinions, much less your "appealing to personal prejudices rather than to reason; attacking an opponent's character rather than the opponent's assertions" which is one legal definition of ad hominem.

All the best,

Gary Arseneau

8:35 AM, May 19, 2016  
Anonymous Anonymous said...

Well weather all this is true or not all that artwork is increasing in value...thier good investments

6:11 PM, October 12, 2017  
Blogger Gary Arseneau said...

October 12, 2017

Dear Anonymous:

I thank you for your comment.

In reality, non-disclosed posthumous chromist-made forgeries with counterfeit "Dr. Seuss" signatures in bogus editions would never be characterized as "artwork," much less as an "investment."

Respectfully, unless your broker happened to be Bernie Madoff.

Caveat Emptor!

Gary Arseneau

7:48 PM, October 12, 2017  

Post a Comment

Subscribe to Post Comments [Atom]

<< Home

FREE hit counter and Internet traffic statistics from freestats.com