Art of Dr. Seuss FRAUD
Original published February 27, 2006 (updated July 11, 2009)
NOTE: All footnotes are enclosed with { }.
Non-disclosed -fake- misrepresented as a serigraph{1).
The “Art of Dr. Seuss” is a $50 million dollar or more ongoing “a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment”{2} which is one legal definition of -fraud-..
All so-called 72,000 or more “lithographs,” “serigraphs” and edition “sculptures,” for sale at $225 to $9,000 or more each and attributed to Theodor Geisel a.k.a. Dr. Seuss, are "something that is not what it purports to be"{3} which is one legal definition of -fake-.
Theodor Geisel was dead (died 1991) when this so-called “art” was forged. These non-disclosed fakes were actually posthumously forged since 1997.
By definition, rule of law and laws of nature, the dead don’t create art, much less sign it.
This monograph documents this fraud.
Table of Contents
1. FAKE LITHOGRAPHS
U.S. Customs April 2004 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 DID THIS FRAUD BEGIN
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
WEBSITE
“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.”{4}
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’ April 2004 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.”
In otherwords, an artist must be alive to “wholly execute by {their} hand” their lithograph.
Despite that pronouncement, the Chase Group on their website{5}, promotes for sale, at $225 each, 2,754 so-called “hand-pulled lithograph{s}” titled “Yertle The Turtle.” Additionally, it is listed as copyrighted by the Chase Group and Dr. Seuss Enterprises in “2000.”
Also, on the Chase Group’s website, under “Biographical Data,”{6} it states that “Theodor Seuss Geisel died {in} La Jolla, California {on} September 24, 1991.”
So, is it possible that Theodor Geisel “wholly executed by his own hand” 2,754 so-called “hand-pulled lithographs” before he died in “1991” but were only copyrighted by the estate in “2000,” some nine years later after his death?
Yes, it is possible until you read the Chase Group’s description of “lithography” on their website{7}.
On that 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.”
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 admitting the so-called Theodor Seuss Geisel “lithographs,” they promote for sale, are actually, at best, reproductions and not lithographs.
Remember, under U.S. Custom regulations, a lithograph “excludes all mechanical and photomechanical processes.”
Therefore, it is clear the Chase Group is not only misrepresenting posthumous reproductions, of Theodor Geisel’s drawings, as “artwork” and “lithographs” but incredibly as “limited editions.”
A posthumously applied counterfeit “Dr. Seuss” signature.
( right-hand bottom corner detail of “Yertle The Turtle”{8})
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 that premise that the dead don’t sign anything without question 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”
A posthumously applied counterfeit title.
( center-bottom detail of “Yertle The Turtle”)
Now contrast U.S. Copyright Law to a Chase Group’s and Dr. Seuss Enterprise’s published “Certificate of Authenticity” for the so-called Theodor Geisel “lithograph” titled “Yertle the Turtle.” In this so-called “Certificate of Authenticity,” it states: “Each lithograph bears the authorized printed signature - Dr. Seuss -. This signature has been authenticated by Audrey Geisel {and} © 2000.”
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.” Unfortunately, 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.”
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.”
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 anything.
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”
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.”{9}
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 confirmed by the U.S. Customs’ April 2004 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.”
On the Chase Group’s website{10}, the 1,104 so-called “hand-pulled serigraph{s},” titled “Relaxed In Spite Of It,” are listed as copyrighted by the Chase Group and Dr. Seuss Enterprises in “2000.”
Once again, on the Chase Group’s website, under “Biographical Data,” it states that “Theodor Seuss Geisel died {in} La Jolla, California {on} September 24, 1991.”
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 “2000,” some nine years later after his death?
Yes, once again, it is possible until you read the Chase Group’s 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.”{11}
You will notice that no where in this 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 otherwords, 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.”
Serigraphy is a very labor intensive original creative medium where an artist cuts and/or paints stencils for creating the screens that are used to print their edition of original serigraphs. For anyone to pass off chromist-made reproductions as “serigraphs” is a rank obscenity to the legacy of legitimate artists, living or dead.
Therefore, it is clear the Chase Group is misrepresenting posthumous reproductions, 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 collectibility.
Remember, you can’t have a so-called -limited edition- without the so-called artist being alive to sign and number it.
“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.“{12}
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{13} 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.”
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.”{14}
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{15}, 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.”
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.”
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...”
Under their Getty Vocabulary Program, on the J. Paul Getty Trust’s www.getty.edu 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.”
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.”
The Chase Group’s so-called “Certificate of Authenticity”{16} 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.”
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.”
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.”
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.”
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.”
Therefore, since the 20th-century artist Theodor Geisel died nine years earlier in 1991, by definition and under U.S. Copyright Law, these posthumously reproduced 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.”
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. (Under “Footnotes,” see Footnote 14)
Theodor Geisel died in 1991.
7. WHEN DID THIS FRAUD BEGIN?
Once again, in this so-called "Art of Dr. Seuss" exhibit, there are over 72,000 so-called Dr. Seuss “lithographs,” “serigraphs” and “sculptures” that may be potentially offered for sale to the public. These forty-nine or more editions are promoted by the Chase Group as “fully authenticated, hand-pulled graphics”{17} and “a series of never-before-seen sculptures created by Dr. Seuss,”{18] 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.
Approximately, six years after Theodor Geisel’s death, in a 1997 The Chase Group letterhead cover letter subtitled “Introduction to The Secret Art of Dr. Seuss”{19} 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.”
Additionally in this letter, Bob Chase Jr. states the Dr. Seuss “serigraphs” were recreated by “master printmakers”{20} and Dr. Seuss “lithographs” were recreated by “top lithographers.”{21}
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.”{22}
8. CHAMELEON EDITIONS
One of those so-called “master printmakers” is Chameleon Editions located in New Jersey{23}. 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.”
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.
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 anything.
“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.”{24}
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{25}. 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.”
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.”
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 logic 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.”
Since Theodor Geisel was dead when these images were reproduced, 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.”
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.”
In otherwords, under U.S. Copyright Law a dead man 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 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 “reproductions” and not “works of visual art” ie. “lithographs” and “serigraphs,” much less “sculptures.”
On the Chase Group’s www.chaseart.com/pages/chase/welcome.html 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.”
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 anything.
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.”
On page 230 of Webster's New World Pocket Dictionary Fourth Edition, “oxymoron” is defined as: “combination of contradictory ideas or terms.”
Would it be a “combination of contradictory ideas or terms” ie. oxymoron, by the Chase Group, to offer for sale posthumously reproduced “reproductions,” the majority reproduced 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/{26} 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.
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.”
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.”
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.”
Would anyone that misrepresents a posthumously reproduced reproduction 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.”
GEORGIA
Georgia Annotated Code 10-1-430 to 10-1-43727 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..”
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.”
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.”
In the March 17, 2004 News-10-Now’s “US Attorney’s Office investigates art fraud” story by Carmen Grant (news10now.com/content/all_news/?ArID= 12317&SecID=83), 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.”
Would anyone, much less the Chase Group and participating galleries that are misrepresenting posthumous reproductions with posthumously applied counterfeit “Dr. Seuss” signatures, as “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 -fakes- 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 -fakes- 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.
For an update, link to: Art of Dr. Seuss Fraud COVERUP
FOOTNOTES:
1.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=1&galurl=www.artleaders.com&cgrfnbr=521&prrfnbr=732329
“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”
2. 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.”
3. On page 618 of the Seventh Edition of Black’s Law Dictionary, “fake” is defined as: “Something that is not what it purports to be.”
4.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=7&galurl=www.chaseart.com&cgrfnbr=521&prrfnbr=111057
5.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=7&galurl=www.artleaders.com&cgrfnbr=521&prrfnbr=197616
6.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/enterartist.d2w/report?a=1&galurl=www.artleaders.com
7.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/seussframe2.d2w/report?galurl=www.artleaders.com
8. Photograph of the so-called “Dr. Seuss” signature from “Yertle the Turtle” posted on Ebay auction.
9.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=74206
10.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=74206
11.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/seussframe1.d2w/report?galurl=www.artleaders.com
12.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326
13. Published and copyrighted © 1969, 1991 by Bena Mayer ISBN 0-06-461012-8 (pbk.)
14.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326
15.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326
16. 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” (underline mine)
17. August 1998 Decor (Trade Magazine) “The Chase Group” advertisement
18. November 1999 Art World News (Trade Magazine) “The Chase Group” advertisement
19. 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
20. “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.”
21. “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.
22.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.chaseart.com&cgrfnbr=520&prrfnbr=536
23. Chameleon Edition, Inc. 49 Morton Place Jersey City, NJ 07305 (201) 434-6296 FAX (201) 434-1632
24.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.chaseart.com&cgrfnbr=521&prrfnbr=577
25. S2 Editions Ltd. 155 Avenue of the Americas New York, NY 10013 (212) 206-7345 (212) 206-7645 FAX
26. 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.)” (underline mine)
27. www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/10/1/431
WEBSITE:
www.garyarseneau.blogspot.com
NOTE: All footnotes are enclosed with { }.
Non-disclosed -fake- misrepresented as a serigraph{1).
The “Art of Dr. Seuss” is a $50 million dollar or more ongoing “a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment”{2} which is one legal definition of -fraud-..
All so-called 72,000 or more “lithographs,” “serigraphs” and edition “sculptures,” for sale at $225 to $9,000 or more each and attributed to Theodor Geisel a.k.a. Dr. Seuss, are "something that is not what it purports to be"{3} which is one legal definition of -fake-.
Theodor Geisel was dead (died 1991) when this so-called “art” was forged. These non-disclosed fakes were actually posthumously forged since 1997.
By definition, rule of law and laws of nature, the dead don’t create art, much less sign it.
This monograph documents this fraud.
Table of Contents
1. FAKE LITHOGRAPHS
U.S. Customs April 2004 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 DID THIS FRAUD BEGIN
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
WEBSITE
“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.”{4}
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’ April 2004 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.”
In otherwords, an artist must be alive to “wholly execute by {their} hand” their lithograph.
Despite that pronouncement, the Chase Group on their website{5}, promotes for sale, at $225 each, 2,754 so-called “hand-pulled lithograph{s}” titled “Yertle The Turtle.” Additionally, it is listed as copyrighted by the Chase Group and Dr. Seuss Enterprises in “2000.”
Also, on the Chase Group’s website, under “Biographical Data,”{6} it states that “Theodor Seuss Geisel died {in} La Jolla, California {on} September 24, 1991.”
So, is it possible that Theodor Geisel “wholly executed by his own hand” 2,754 so-called “hand-pulled lithographs” before he died in “1991” but were only copyrighted by the estate in “2000,” some nine years later after his death?
Yes, it is possible until you read the Chase Group’s description of “lithography” on their website{7}.
On that 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.”
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 admitting the so-called Theodor Seuss Geisel “lithographs,” they promote for sale, are actually, at best, reproductions and not lithographs.
Remember, under U.S. Custom regulations, a lithograph “excludes all mechanical and photomechanical processes.”
Therefore, it is clear the Chase Group is not only misrepresenting posthumous reproductions, of Theodor Geisel’s drawings, as “artwork” and “lithographs” but incredibly as “limited editions.”
A posthumously applied counterfeit “Dr. Seuss” signature.
( right-hand bottom corner detail of “Yertle The Turtle”{8})
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 that premise that the dead don’t sign anything without question 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”
A posthumously applied counterfeit title.
( center-bottom detail of “Yertle The Turtle”)
Now contrast U.S. Copyright Law to a Chase Group’s and Dr. Seuss Enterprise’s published “Certificate of Authenticity” for the so-called Theodor Geisel “lithograph” titled “Yertle the Turtle.” In this so-called “Certificate of Authenticity,” it states: “Each lithograph bears the authorized printed signature - Dr. Seuss -. This signature has been authenticated by Audrey Geisel {and} © 2000.”
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.” Unfortunately, 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.”
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.”
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 anything.
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”
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.”{9}
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 confirmed by the U.S. Customs’ April 2004 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.”
On the Chase Group’s website{10}, the 1,104 so-called “hand-pulled serigraph{s},” titled “Relaxed In Spite Of It,” are listed as copyrighted by the Chase Group and Dr. Seuss Enterprises in “2000.”
Once again, on the Chase Group’s website, under “Biographical Data,” it states that “Theodor Seuss Geisel died {in} La Jolla, California {on} September 24, 1991.”
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 “2000,” some nine years later after his death?
Yes, once again, it is possible until you read the Chase Group’s 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.”{11}
You will notice that no where in this 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 otherwords, 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.”
Serigraphy is a very labor intensive original creative medium where an artist cuts and/or paints stencils for creating the screens that are used to print their edition of original serigraphs. For anyone to pass off chromist-made reproductions as “serigraphs” is a rank obscenity to the legacy of legitimate artists, living or dead.
Therefore, it is clear the Chase Group is misrepresenting posthumous reproductions, 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 collectibility.
Remember, you can’t have a so-called -limited edition- without the so-called artist being alive to sign and number it.
“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.“{12}
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{13} 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.”
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.”{14}
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{15}, 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.”
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.”
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...”
Under their Getty Vocabulary Program, on the J. Paul Getty Trust’s www.getty.edu 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.”
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.”
The Chase Group’s so-called “Certificate of Authenticity”{16} 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.”
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.”
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.”
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.”
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.”
Therefore, since the 20th-century artist Theodor Geisel died nine years earlier in 1991, by definition and under U.S. Copyright Law, these posthumously reproduced 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.”
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. (Under “Footnotes,” see Footnote 14)
Theodor Geisel died in 1991.
7. WHEN DID THIS FRAUD BEGIN?
Once again, in this so-called "Art of Dr. Seuss" exhibit, there are over 72,000 so-called Dr. Seuss “lithographs,” “serigraphs” and “sculptures” that may be potentially offered for sale to the public. These forty-nine or more editions are promoted by the Chase Group as “fully authenticated, hand-pulled graphics”{17} and “a series of never-before-seen sculptures created by Dr. Seuss,”{18] 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.
Approximately, six years after Theodor Geisel’s death, in a 1997 The Chase Group letterhead cover letter subtitled “Introduction to The Secret Art of Dr. Seuss”{19} 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.”
Additionally in this letter, Bob Chase Jr. states the Dr. Seuss “serigraphs” were recreated by “master printmakers”{20} and Dr. Seuss “lithographs” were recreated by “top lithographers.”{21}
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.”{22}
8. CHAMELEON EDITIONS
One of those so-called “master printmakers” is Chameleon Editions located in New Jersey{23}. 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.”
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.
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 anything.
“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.”{24}
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{25}. 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.”
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.”
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 logic 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.”
Since Theodor Geisel was dead when these images were reproduced, 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.”
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.”
In otherwords, under U.S. Copyright Law a dead man 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 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 “reproductions” and not “works of visual art” ie. “lithographs” and “serigraphs,” much less “sculptures.”
On the Chase Group’s www.chaseart.com/pages/chase/welcome.html 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.”
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 anything.
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.”
On page 230 of Webster's New World Pocket Dictionary Fourth Edition, “oxymoron” is defined as: “combination of contradictory ideas or terms.”
Would it be a “combination of contradictory ideas or terms” ie. oxymoron, by the Chase Group, to offer for sale posthumously reproduced “reproductions,” the majority reproduced 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/{26} 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.
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.”
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.”
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.”
Would anyone that misrepresents a posthumously reproduced reproduction 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.”
GEORGIA
Georgia Annotated Code 10-1-430 to 10-1-43727 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..”
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.”
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.”
In the March 17, 2004 News-10-Now’s “US Attorney’s Office investigates art fraud” story by Carmen Grant (news10now.com/content/all_news/?ArID= 12317&SecID=83), 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.”
Would anyone, much less the Chase Group and participating galleries that are misrepresenting posthumous reproductions with posthumously applied counterfeit “Dr. Seuss” signatures, as “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 -fakes- 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 -fakes- 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.
For an update, link to: Art of Dr. Seuss Fraud COVERUP
FOOTNOTES:
1.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=1&galurl=www.artleaders.com&cgrfnbr=521&prrfnbr=732329
“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”
2. 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.”
3. On page 618 of the Seventh Edition of Black’s Law Dictionary, “fake” is defined as: “Something that is not what it purports to be.”
4.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=7&galurl=www.chaseart.com&cgrfnbr=521&prrfnbr=111057
5.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=7&galurl=www.artleaders.com&cgrfnbr=521&prrfnbr=197616
6.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/enterartist.d2w/report?a=1&galurl=www.artleaders.com
7.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/seussframe2.d2w/report?galurl=www.artleaders.com
8. Photograph of the so-called “Dr. Seuss” signature from “Yertle the Turtle” posted on Ebay auction.
9.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=74206
10.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=74206
11.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/seussframe1.d2w/report?galurl=www.artleaders.com
12.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326
13. Published and copyrighted © 1969, 1991 by Bena Mayer ISBN 0-06-461012-8 (pbk.)
14.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326
15.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.artleaders.com&cgrfnbr=520&prrfnbr=86326
16. 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” (underline mine)
17. August 1998 Decor (Trade Magazine) “The Chase Group” advertisement
18. November 1999 Art World News (Trade Magazine) “The Chase Group” advertisement
19. 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
20. “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.”
21. “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.
22.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.chaseart.com&cgrfnbr=520&prrfnbr=536
23. Chameleon Edition, Inc. 49 Morton Place Jersey City, NJ 07305 (201) 434-6296 FAX (201) 434-1632
24.www.chaseart.com/webapp/commerce/command/ExecMacro/The_Chase_Group/macros/prodframe.d2w/report?onwhich=19&galurl=www.chaseart.com&cgrfnbr=521&prrfnbr=577
25. S2 Editions Ltd. 155 Avenue of the Americas New York, NY 10013 (212) 206-7345 (212) 206-7645 FAX
26. 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.)” (underline mine)
27. www.ganet.org/cgi-bin/pub/ocode/ocgsearch?docname=OCode/G/10/1/431
WEBSITE:
www.garyarseneau.blogspot.com
posted by Gary Arseneau | 1:19 AM
5 Comments:
I appreciate your worries as an artist that things are being "passsed off", but it seems fairly obvious to me that the prints have been produced after Geisel's death, and they make no pretence otherwise. The work is being sold with the agreement of his widow as far as I can tell.
Gary, your blog sounds more like sour grapes than anything.
you apparently have the ability to write long, loud, and self-righteous blogs, but your ability to COMPREHEND is
woefully inadequate.
The following excerpt from your post rather unintelligibly states:
This perspective that an artist has to be alive to create a lithograph is confirmed by the U.S. Customs’ April 2004
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.”
(emphasis mine.)
please note the use of the word 'ORIGINAL'. as in 'orignal...means...executed by the hand of the artist'.
This paragraph you quote is not a definition of the word 'lithograph'. Do you really not understand the meaning of
'the EXPRESSION original engravings, prints, and lithographs MEANS...'?
In addition, if you weren't so busy listening to the sound of your own voice, you would have seen that NOWHERE does
chase claim their lithos are ORIGINAL. nor do they claim that the signatures are ORIGINAL. they go to great lengths
to state that the lithographs are not produced by any mechanical means, but are indeed 'hand-pulled'. they are not
trying to pull a 'fast one' on unsuspecting buyers. the only party guilty of misrepresentation here is YOU my
illiterate friend. you are undoubtably lucky that chase either pays you no mind or is unaware of your blog or
they'd have already seen to it that you'd been served with a cease and desist order. You are committing libel, and
that is a punishable offense. so get a grip, bright eyes.
to recap:
a LITHOGRAPH is a LITHOGRAPH, whether created by you or by a trained chimpanzee. however, unless the ARTIST himself
produced it, it cannot be called 'original.' In reality, as you SHOULD know, there is only ONE original, and it is
the authorized COPIES that are made available for sale. To run around accusing every lithograph of being fraudulent
because it's called a lithograph just shows what a real idiot you are.
you may be an artist, but you don't have much of a grasp of the english language. why don't you shut up and make
some of those lithographs you're so good at making and leave the interpretations of legalese to someone with a few more eggs in their basket?
L. Barker
Dear Mr. Barker:
"Appealing to personal prejudices rather than to reason, attacking an opponent's character rather the opponent's asserations" is one legal definition of -ad hominem-.
As for the "Art of Dr. Seuss," it is $100 million dollar -fraud- perpetuated by Audrey Geisel, The Chase Group and all participating galleries upon the public.
The so-called Art of Dr. Seuss was actually forged by others in the last eleven years since -1997-.
Theodor Geisel died 17 years ago in -1991-.
The dead don't create art.
As for the so-called -libel- which is "to defame (someone) in a permanent medium," you claim I am committing against The Chase Group, -truth- is "an affirmative defense by which the defendent asserts that the alleged defamatory statement is substantially accurate."
Therefore, I stand by what I have written.
Respectfully,
Gary Arseneau
artist, creator of original lithographs & scholar
SOURCE: Seventh Edition of Black's Law Dictionary
You really are an idiot. Lithograph is a fancy copy, not original art. No well known or famous artist has ever hand-pulled their own lithographs. Printers do that. If you are making your own prints, you're obviously not a successful artist.
"Appealing to personal prejudices rather than to reason; attacking an opponent's character rather than the opponent's assertions" is one legal definition of -ad hominem-.
Lithographs are original works of visual art created by a living artist, no different than any other original creative medium ie., painting, watercolor, drawing, sculpture and the like by a living artist. That fact is supported by U.S. Customs, U.S. Copyright Law, statutory law and independent documented definitions.
The so-called lithographs, serigraphs and edition sculptures, attributed to Theodor Geisel, were all made since 1997, all with a so-called "Dr. Seuss" signature.
Since Theodor Geisel died in 1991, how'd he do that?
"A false or altered document made to look genuine by someone with the intent to deceive" is one legal definition of -forgery-.
In closing, the dead don't create art no matter how famous. I hope after some additional review of these contentious issues of authenticity I have documented you might reconsider such an untenable position.
Respectfully,
Gary Arseneau
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