Gary Arseneau: THE DEAD DON'T LITHOGRAPH, Ethan Allen's "Modern Master Collection" of non-disclosed posthumous reproductions from Galerie Mourlot

UPDATED: July 5, 2017

NOTE: Footnotes are enclosed as: [FN]

Le Cirque, Fernand Leger, Dimension: 20.75" x 26.5" h, Item# LP0029, Lithograph on Arches paper, 1991, Limited quantity, Annotated and stamped by the Mourlot Estate, ~~$2,299.00~~, $1,954.15

http://www.ethanallen.com/en_US/LP0029.html?start=29

NON-DISCLOSED POSTHUMOUS REPRODUCTION

The above Le Cirque is a non-disclosed posthumous [1991] reproduction, falsely attributed as an original work of visual art i.e., lithograph to a dead Fernand Leger [d 1955] by Ethan Allen in their Modern Masters Collection. Lithographs are original works of visual art wholly executed by hand by the artist. In 1991, Fernand Leger [d 1955] was some 36 years dead. The dead don't lithograph, much less wholly execute anything.

In their Modern Masters Collection, Ethan Allen is misrepresenting for sale hundreds of non-disclosed posthumous reproductions as original works of visual art i.e., lithographs and falsely attributing them to long dead artists such as Juan Gris [d 1927], Wassily Kandinsky [d 1944], Raoul Dufy [d 1953], Marie Laurencin [d 1956], Fernand Leger [d 1955], Jean Cocteau [d 1963], and Marc Chagall [d 1985].

Yet, in an Ethan Allen's May 31, 2014 youtube promotion for their Modern Masters Collection, the narrator states: "This is a truly extraordinary discovery. A collection of extremely rare lithographs from the very most familiar names in the history of modern art. And yet almost all of the world is completely unfamiliar with any of this work."[FN 1]

Ethan Allen knows all these dead artists are also "completely unfamiliar with any of this work" that was posthumously reproduced. It seems Ethan Allen hopes the public stays unfamiliar with that fact.

In Ethan Allen's May 31, 2014 youtube promotion for their Modern Masters Collection, their Senior Director Miller Opie states: "This program is exclusive. Which means there is only a certain amount of prints left. So, literally once there gone there gone. They cannot be reproduced again."[FN 2]

Lithographs are not reproduced. Lithographs are original works of visual art wholly executed by hand by the artist and excludes any mechanical and photomechanical processes. Reproductions are copies of original works of visual done by someone other than a living or dead artist. Lithographs versus reproductions are not interchangeable, much less the same.

This factual perspective is confirmed by U.S. Custom`s May 2006 An Informed Compliance Publication titled Works of Art, Collector`s Pieces Antiques, and Other Cultural Property and U.S. Copyright Law 106 A. This U.S. Customs publication 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 hand by the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process."[FN 3]

Additionally, U.S. Copyright Law 106 A states: “The Rights of Attribution - shall not apply to any reproduction?”[FN 4]

Rhetorically, how can the consumer give informed consent without full and honest disclosure of reproductions as reproductions by Ethan Allen that they offer for sale? With the misrepresentation by Ethan Allen of those reproductions as original works of visual art i.e., lithographs, these non-disclosed posthumous reproductions become "something that is not what it purports to be"[FN 5] which is one legal definition of -fake-.

Therefore, is Ethan Allen's promotion and sale of non-disclosed posthumous reproductions of their Modern Masters Collection "a knowing misrepresentation of the truth or concealment of a material fact to induce another to act to his or her detriment"[FN 6] which is one legal definition of fraud?

This monograph documents Ethan Allen's avarice.

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/l%27homme-au-chandail/LP0002.html#start=1

ETHAN ALLEN'S REPRESENTATION

July 2, 2014 email from Ethan Allen Design Center Manager Kera L. Parker
ETHAN ALLEN'S DISCLAIMER

In a July 2, 2014 Ethan Allen internal email from an Ethan Allen Design Center Manager Kera L. Parker concerning Ethan Allen's Modern Master Collection, the manager wrote: "I have included Miller Opie's reply to me clearly stating that the dates listed are the actual dates these lithographs that are being purchased were printed."[FN 7]

In this same July 2, 2014 internal email, Ethan Allen Senior Director Millie Opie wrote: "None of these are reprints using the original stones."

Ethan Allen and its Senior Director Millie Opie admits the so-called "lithographs" in their Modern Masters Collection are not printed from the "original stones."

Therefore, if the images in the Modern Masters Collections were not printed from "the original stones" the artists drew on, assuming the artists drew on them and printed by the artist and/or with the artist's permission, then they can NEVER be lithographs.

Then to go from insult to injury, in this July 2, 2014 Ethan Allen internal email, Senior Director Opie Miller states: "So- to hope to clarify- the date next to the print is when it was actually printed. You may notice that sometimes the date next to the print is when it was actually printed. You may notice that sometimes the date was after the artist died. This means the pieces was printed from an original painting with permission of the artist's estate."[FN 8]

Ethan Allen and its Senoir Director Millie Opie knows the artists were dead when these non-disclosed posthumous reproductions were reproduced.

"Pieces [was] printed from an original painting" is being used by Senior Director Millie Opie an euphemism for reproductions. Lithographs are original works of visual art wholly executed by hand by the artist and would never be trivialized as being done "after the artist died."

Yet, two months earlier, in Ethan Allen's May 31, 2014 youtube promotion for their Modern Masters Collection, their Senior Director Miller Opie refers to them as "reproduced" when she states: "This program is exclusive. Which means there is only a certain amount of prints left. So, literally once there gone there gone. They cannot be reproduced again."[FN 9]

Ethan Allen's Senior Director Miller Opie convolutes, with or without intent, original works of visual art i.e., lithographs created by living artists versus reproductions of paintings done by somone other than the artist living or dead as if they are interchangeable, much less the same.

Then Ethan Allen Senior Director Miller Opie goes from the ridiculous to the sublime when one compares her July 2, 2014 Ethan Allen internal email statement: "the pieces was printed from an original painting" to her prior youtube May 31, 2014 statement: "They cannot be reproduced again."

Reproductions have no inherent limitation. Paintings can be reproduced forever in unlimited quantities. The following references supports that fact.

PRINTING TRADE CUSTOMS

The Printing Industries of America, Inc. in their published Printing Trade Customs, which, in part, states: “6. PREPARATORY MATERIALS Working mechanical art, type, negatives, positives, flats, plates, and other items when supplied by the printer, shall remain his exclusive property unless otherwise agreed in writing.”[FN 10]

In other words, if the estate, of a dead artist, authorizes a printer and/or chromist to reproduce their work, the resulting reproductions cannot be attributed to that dead artist. That printer that reproduced those reproductions would own them. That printer would only be contractually obligated to give the estate the reproductions they paid for. The estate pays for 1,250 reproductions, they get a 1,250 reproductions. All of the reproduction overruns [potentially dozens or more], all plates, negatives, digital files and the like used to reproduce those reproductions, would be owned by the printer and if they chose to do so that printer [or future new owner] could reproduce more reproductions without the knowledge or permission of the estate.

So, to belabor a point, when in Ethan Allen's May 31, 2014 youtube promotion for their Modern Masters Collection, their Senior Director Miller Opie states: "This program is exclusive. Which means there is only a certain amount of prints left. So, literally once there gone there gone. They cannot be reproduced again."[FN 11]

So, is it just wishful thinking on her part?

U.S. COPYRIGHT LAW COMPILATIONS AND DERIVATIVE WORKS

Under U.S. Copyright Law 103. “Subject matter of copyright: Compilations and derivative works,” it states: “The copyright in a compilation or derivative work extends only to the material contributed by the author of such work.”[FN 12]

In other words, the estate, of that dead artist, owns the "material" i.e., painting contributed by the estate, but not the derivative work a.k.a. reproductions. Those reproductions manufactured by the printer, may have been authorized by the estate but until they are paid for, the printer owns them.

There is no free lunch.

Anemones, Item #: LP0008, $3,219.00, Dimensions: 28"w x 33.25"h, Dufy's cheerful work mostly depicts events of the time period, including yachting scenes, sparkling views of the French Riviera, chic parties, and musical events. The optimistic, fashionably decorative, elegant, and illustrative nature of much of his work was at first less highly valued critically than the works of artists who have addressed a wider range of social concerns; however, over time, collectors and critics came to greatly appreciate his particularly distinctive approach., Lithograph on Arches paper, 1956. Limited quantity., Annotated and stamped by the Mourlot Estate
http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/anemones/LP0008.htmlItem #: LP0008
NOTE: Ethan Allen’s current July 5, 2017 listing
NON-DISCLOSED POSTHUMOUS REPRODUCTION

Untitled, Item #: LP0005, $1,459.00, Dimensions: 31.75"w x 38.5"h, Dufy's cheerful work mostly depicts events of the time period, including yachting scenes, sparkling views of the French Riviera, chic parties, and musical events. The optimistic, fashionably decorative, elegant, and illustrative nature of much of his work was at first less highly valued critically than the works of artists who have addressed a wider range of social concerns; however, over time, collectors and critics came to greatly appreciate his particularly distinctive approach., Lithograph on Arches paper, 1958. Limited quantity., Annotated and stamped by the Mourlot Estate
http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/untitled/LP0005.html?site=#q=dufy&lang=en_US&site=&start=1
NOTE: Ethan Allen’s current July 5, 2017 listing
NON-DISCLOSED POSTHUMOUS REPRODUCTION

Untitled, Item #: LP0044, $1,149.00, Dimensions: 37.25"w x 33.5"h, Dufy's cheerful work mostly depicts events of the time period, including yachting scenes, sparkling views of the French Riviera, chic parties, and musical events. The optimistic, fashionably decorative, elegant, and illustrative nature of much of his work was at first less highly valued critically than the works of artists who have addressed a wider range of social concerns; however, over time, collectors and critics came to greatly appreciate his particularly distinctive approach. Lithograph on Arches paper, 1965. Limited quantity. Annotated and stamped by the Mourlot Estate
http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/untitled/LP0044.html?site=#q=dufy&lang=en_US&site=&start=1
NOTE: Ethan Allen’s current July 5, 2017 listing
NON-DISCLOSED POSTHUMOUS REPRODUCTION

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters#sz=99&start=0

NON-DISCLOSED POSTHUMOUS REPRODUCTIONS

Raoul Dufy died in 1953.

The three above non-disclosed posthumous reproductions, falsely attributed as original works of visual art i.e., lithographs to the dead artist Raoul Dufy [d 1953] have dates of "1956," "1958" and "1965," some 3 to 12 years after his death.

The dead don't lithograph as documented earlier by U.S. Customs.

This factual perspective is additionally confirmed in the 1991 The Fifth Edition of the Artist’s Handbook of Materials and Techniques by Ralph Mayer, the author wrote: “The major traditional graphic-arts processes of long standing and continued popularity are lithograph, etching, drypoint, woodcutting or wood engraving, aquatint, and soft-ground etching. ...The term “graphic arts” excludes all forms of mechanically reproduced works photographed or redrawn on plates; all processes in which the artist did not participate to his or her fullest capacity are reproductions.”[FN 13]

Yet, in a March 25, 2015 email, Ethan Allen stated: “The art supplier finally got back to us today. It appears that none of the items inquired about below are hand numbered. The works are all lithographs printed by the Atelier Mourlot - and are “limited edition." The items are limited quantity, annotated and stamped by the Mourlot Estate. In addition, I have provided the current quantity that is remaining for each:"[FN 14]

Three of those "items inquired about," a.k.a. non-disclosed posthumous reproductions falsely attributed as original works of visual art i.e., lithographs to Raoul Dufy [d 1953], were listed as follows:

SOURCE: DropShip@ethanalleninc.com, March 24, 2015

These 93 non-disclosed posthumous reproductions range in price from $934, $1,189 and $2,625 each totaling $139,063.

Reproductions can never be works of visual art, much less a limited edition. The dead don't sign and number.

This factual perspective is confirmed by U.S. Copyright Law § 101. Definitions, where 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, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author."[FN 15]

ETHAN ALLEN IN NEW YORK

Ethan Allen seems to have twelve stores in New York, one of which is located at 1010 3rd Avenue, New York, NY 10065.

NEW YORK CIVIL CODE

Under New York Civil Code 15.01 (2.) states: “Article fifteen of the New York arts and cultural affairs law provides for disclosure in writing of certain information concerning multiples of prints and photographs when sold for more than one hundred dollars ($100) - whether the multiple is a reproduction.” The penalties for violation of New York Civil Code statutes under 15.15 may include but not limited to -refund-treble damages-court costs-expert witness fees-attorney fees- and not to mention potential civil fines.[FN 16]

Rhetorically, would Ethan Allen's sale and false attribution of these 93 non-disclosed posthumous [1955-1965] reproductions as original works of visual art i.e., lithographs to a dead Raoul Dufy [d 1953] be “a work of fine art or multiple made, altered or copied, with or without intent to deceive, in such a manner that it appears or is claimed to have an authorship which it does not in fact possess” which is the definition of -counterfeit- under New York Civil Code 11.01?

Bouquet with Flying Lovers, Item #: LP0018, $2,499.00, Dimensions: 43.25"w x 55.25”h, Chagall flirted with many radical Modernist styles at various points throughout his career, including Cubism, Suprematism, and Surrealism, all of which possibly encouraged him to work in an entirely abstract style. Yet he rejected each of them in succession, remaining committed to figurative and narrative art, making him one of the modern period's most prominent exponents of the more traditional approach., Lithograph on Arches paper, 1994. Limited quantity., Annotated and stamped by the Mourlot Estate
http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/bouquet-with-flying-lovers/LP0018.html?site=#q=chagall&lang=en_US&site=&start=1
NOTE: Ethan Allen’s current July 5, 2017 listing
NON-DISCLOSED POSTHUMOUS REPRODUCTION

Le Bouquet de Renoncules, Item #: LP0017, $2,499.00, Dimensions: 43.5"w x 55”h, Chagall flirted with many radical Modernist styles at various points throughout his career, including Cubism, Suprematism, and Surrealism, all of which possibly encouraged him to work in an entirely abstract style. Yet he rejected each of them in succession, remaining committed to figurative and narrative art, making him one of the modern period's most prominent exponents of the more traditional approach. Lithograph on Arches paper, 1994. Limited quantity. Annotated and stamped by the Mourlot Estate
http://dev05.web.ethanallen.demandware.net/s/ethanallen-us/en_US/shop-decor-artwork-modern-masters/le-bouquet-de-renoncules/LP0017.html
NOTE: Ethan Allen’s current July 5, 2017 nonlisting

NO PRODUCT WERE FOUND

Sun Over Paris, Item #: LP0021, $2,499.00, Dimensions: 43.25"w x 53.5”h, Chagall flirted with many radical Modernist styles at various points throughout his career, including Cubism, Suprematism, and Surrealism, all of which possibly encouraged him to work in an entirely abstract style. Yet he rejected each of them in succession, remaining committed to figurative and narrative art, making him one of the modern period's most prominent exponents of the more traditional approach., Lithograph on Arches paper, 1994. Limited quantity., Annotated and stamped by the Mourlot Estate
http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/sun-over-paris/LP0021.html?site=#q=chagall&lang=en_US&site=&start=1
NOTE: Ethan Allen’s current July 5, 2017 listing
NON-DISCLOSED POSTHUMOUS REPRODUCTION

Les Trois Cierges, Item #: LP0022, $2,399.00, Dimensions: 43.5"w x 54.5”h, Chagall flirted with many radical Modernist styles at various points throughout his career, including Cubism, Suprematism, and Surrealism, all of which possibly encouraged him to work in an entirely abstract style. Yet he rejected each of them in succession, remaining committed to figurative and narrative art, making him one of the modern period's most prominent exponents of the more traditional approach. Lithograph on Arches paper, 1994. Limited quantity. Annotated and stamped by the Mourlot Estate
http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/les-trois-cierges/LP0022.html?site=#q=chagall&lang=en_US&site=&start=1
NOTE: Ethan Allen’s current July 5, 2017 listing
NON-DISCLOSED POSTHUMOUS REPRODUCTION

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters#sz=99&start=0

NON-DISCLOSED POSTHUMOUS REPRODUCTIONS

Marc Chagall died in 1985.

The four above non-disclosed posthumous reproductions, falsely attributed as original works of visual art i.e., lithographs to the dead artist Marc Chagall [d 1985] have dates of "1994" some 9 years after his death.

The dead don't lithograph as documented earlier by U.S. Customs.

This factual perspective is additionally confirmed in A GUIDE TO THE COLLECTING AND CARE OF ORIGINAL PRINTS sponsored by the The Print Council of America and authored by Carl Zigrosser and Christa M. Gaehde. The authors wrote: "An original print is a work of art, the general requirements of which are: a. The artist alone has created the master image in or upon the plate, stone, wood block or other material, for the purpose of creating the print. b. The print is made from the said material, by the artist or pursuant to his directions. c. The finished print is approved by the artist.”[FN 17]

Yet, as noted earlier, in a March 25, 2015 email, Ethan Allen stated: “The art supplier finally got back to us today. It appears that none of the items inquired about below are hand numbered. The works are all lithographs printed by the Atelier Mourlot - and are “limited edition." The items are limited quantity, annotated and stamped by the Mourlot Estate. In addition, I have provided the current quantity that is remaining for each:"[FN 18]

Four of those "items inquired about," a.k.a. non-disclosed posthumous reproductions falsely attributed as original works of visual art i.e., lithographs to Marc Chagall [d 1985], were listed as follows:

SOURCE: DropShip@ethanalleninc.com, March 25, 2015

These 52 non-disclosed posthumous reproductions range in price from $2039 to $2399 each totaling $111,428.

Reproductions can never be works of visual art, much less a limited edition. The dead don't sign and number.

Once again, this factual perspective is confirmed by U.S. Copyright Law § 101. Definitions, where 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, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author."[FN 19]

ETHAN ALLEN IN CALIFORNIA

Ethan Allen seems to have twenty-one stores in California, one of which is located at 7341 Clairemont Mesa Blvd., San Diego, CA 92111.

CALIFORNIA CIVIL CODE

In the State of California under California Civil Code 1741-1745, it states: “California law provides for disclosure in writing of information concerning - whether the multiple is a reproduction” {when} “offered for sale or sold at wholesale or retail for one hundred dollars ($100) or more, exclusive of any frame.”[FN 20]

The potential penalties for violation of California Civil Code statutes may include but not limited to -refund-interest-treble damages, court costs, expert witness fees, attorney fees, and potential $1,000 fine per occurrence.

Rhetorically, would Ethan Allen's sale and false attribution of these 52 non-disclosed posthumous [1955-1965] reproductions as original works of visual art i.e., lithographs to a dead Marc Chagall [d 1985] be a violation of California Civil Code Section 1742-1744.9 that requires "disclosure of such matters as the identity of the artist, the artist's signature, the medium, whether the multiple is a reproduction...?"

Le Cirque, Item #: LP0029, $2,529.00, Dimensions: 20.75"w x 26.5”h, Léger understood the Cubist notion of freeing the painter from a responsibility to realism yet he was more interested in materialism than other Cubists, such as Braque and Picasso. He sought to express the noise, dynamism, and speed of new technology and machinery, working through several themes or cycles of imagery depicting humans in motion. Lithograph on Arches paper, 1991. Limited quantity.Annotated and stamped by the Mourlot Estate

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/le-cirque/LP0029.html?site=#q=lithograph&start=1&sz=99

NOTE: Ethan Allen’s current July 5, 2017 listing

NON-DISCLOSED POSTHUMOUS REPRODUCTION

Femme à la Cruche, Item #: LP0033, $2,129.00, Dimensions: 36"w x 44.5”h, Léger understood the Cubist notion of freeing the painter from a responsibility to realism yet he was more interested in materialism than other Cubists, such as Braque and Picasso. He sought to express the noise, dynamism, and speed of new technology and machinery, working through several themes or cycles of imagery depicting humans in motion. Lithograph, 1992. Limited quantity. Signed in the plate

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/femme-%C3%A0-la-cruche/LP0033.html?site=#q=lithograph&start=1&sz=99

NOTE: Ethan Allen’s current July 5, 2017 listing

NON-DISCLOSED POSTHUMOUS REPRODUCTION

Le Cycliste, Item #: LP0030, $2,529.00, Dimensions: 20.75"w x 26.5”h, Léger understood the Cubist notion of freeing the painter from a responsibility to realism yet he was more interested in materialism than other Cubists, such as Braque and Picasso. He sought to express the noise, dynamism, and speed of new technology and machinery, working through several themes or cycles of imagery depicting humans in motion., Lithograph on Arches paper, 1991. Limited quantity., Annotated and stamped by the Mourlot Estate

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/le-cycliste/LP0030.html?site=#q=leger&lang=en_US&site=&start=1

NOTE: Ethan Allen’s current July 5, 2017 listing

NON-DISCLOSED POSTHUMOUS REPRODUCTION

L'Homme au Chandail, Item #: LP0002, $3,739.00, Dimensions: 54"w x 45.25”h, This lithograph is a beautiful, rich interpretation of a famous painting by Léger, which was published by Fernand Mourlot in honor of the artist. Léger sought to express the noise, dynamism and speed of new technology and machinery, working through several themes, or cycles, of imagery depicting humans in motion. Lithograph on Arches paper, 1956. Limited quantity. Numbered in pencil lower right

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/l%27homme-au-chandail/LP0002.html?site=#q=leger&lang=en_US&site=&start=1

NOTE: Ethan Allen’s current July 5, 2017 listing

NON-DISCLOSED POSTHUMOUS REPRODUCTION

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters#sz=99&start=0

NON-DISCLOSED POSTHUMOUS REPRODUCTIONS

Fernand Leger died in 1955.

In 1955, as tragic as the artist Fernand Leger's death may have been for friends, family and even Ethan Allen some 60 years later, his career as an artist was over.

Yet, in 2016 Ethan Allen falsely lists the four above non-disclosed posthumous reproductions as original works of visual art i.e., lithographs with dates of "1956," "1991," and "1992" and attributes them to a dead Fernand Leger [d 1955].

The dead don't lithograph as documented earlier by U.S. Customs.

Yet, in a March 25, 2015 email, three of the "items inquired about," Ethan Allen stated: “The art supplier finally got back to us today. It appears that none of the items inquired about below are hand numbered. The works are all lithographs printed by the Atelier Mourlot - and are “limited edition." The items are limited quantity, annotated and stamped by the Mourlot Estate. In addition, I have provided the current quantity that is remaining for each:"[FN 21]

Three of those "items inquired about," a.k.a. non-disclosed posthumous reproductions falsely attributed as original works of visual art i.e., lithographs to Fernand Leger [d 1955], were listed as follows:

SOURCE: DropShip@ethanalleninc.com, March 25, 2015

These 155 non-disclosed posthumous reproductions range in price from $1733 to $2064 each totaling $306,018.

Reproductions can never be works of visual art, much less a limited edition. The dead don't sign and number.

ETHAN ALLEN IN ILLINOIS

Ethan Allen seems to have seven stores in Illinois, one of which is located at 10001 Skokie Blvd., Skokie, IL 60076. What statutes may be applicable in the State of Illinois for the sale of non-disclosed reproductions?

ILLINOIS CHAPTER 815

State of Illinois’s Chapter 815 statute requires, if sold for $60 or more, the following: "Describing the print as a "reproduction" 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.”[FN 23]

Additionally, the State of Illinois' Chapter 815 states: "Proof that no person has been misled or deceived or other wise damaged by any violation of this Act shall not constitute a defense in any prosecution under this Act.”[FN 24]

Rhetorically, would Ethan Allen's sale and false attribution of these 155 non-disclosed posthumous [1956-1992] reproductions as original works of visual art i.e., lithographs to a dead Fernand Leger [d 1955] be a violation of State of Illinois' Chapter 815?

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters#sz=99&start=0

NON-DISCLOSED POSTHUMOUS REPRODUCTION

Fernand Leger died in August 17, 1955. Yet, Ethan Allen list the above image on their website for sale at $2,889.00 as "Fernand Leger, L'Homme au Chandail, Lithograph on Arches paper, 1956."

Since lithographs are original works of visual art wholly executed by hand by the artist, rhetorically, how a dead Fernand Leger [d 1955] come out with new work a year later in 1956?

Certificate of Provenance #2505 for the so-called Fernand Leger L'Homme au Chandail

The above March 1, 2014 "Certificate of Provenance # 2502," issued Ateliers Mourlot in Paris and signed Eric F. Mourlot, states:

"This letter is to certify that this color lithograph by Fernand Leger L'Homme au Chandail was part of the Collection and Archives of Ateliers Mourlot in Paris. This work measuring 29 1/2 by 40 inches is numbered in pencil on the lower left and was printed by Mourlet in 1956 in a limited edition. This letter is to accompany this particular print if re-sold and serve as a Certificate of Provenance."

Once again, since lithographs are original works of visual art wholly executed by hand by the artist, and Fernand Leger died in 1955, rhetorically how can anything be "by Fernand Leger" in 1956?

Detail of a non-disclosed posthumous reproduction of Fernand Leger's L'Homme au Chandail

www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/1%27homme-au-chandail/LP0002.html#start=1

Additionally, under U.S. Copyright Law § 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, or, in the case of a sculpture, in multiple cast, carved, or fabricated sculptures of 200 or fewer that are consecutively numbered by the author and bear the signature or other identifying mark of the author."[FN 25]

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/l%27homme-au-chandail/LP0002.html#start=1

Therefore, since lithographs are original works of visual art wholly executed by hand by the artist, and Fernand Leger died in 1955, rhetorically how can anything be considered a "limited edition" when in 1956 a dead Fernand Leger could not have wholly executed an original work of visual art i.e., lithograph, much less signed and consecutively numbered them as a limited edition.

As noted earlier, in a July 2, 2014 Ethan Allen internal company email, Ethan Allen Senior Director Millie Opie admitted a fact they fail to disclose to the consumer: "None of these are reprints using the original stones. - So- to hope to clarify- the date next to the print is when it was actually printed. You may notice that sometimes the date next to the print is when it was actually printed. You may notice that sometimes the date was after the artist died. This means the pieces was printed from an original painting with permission of the artist's estate."[FN 26]

Paintings reproduced, whether lifetime or posthumously, result in reproductions, even it happens to be a Fernand Leger painting.

Yet, in respective March 6 and 9, 2015 emails, Ethan Allen contradicts its Senior Director Millie Opie: “The Léger is an original lithograph that is numbered by the Mourlot gallery. It is accompanied by a Certificate of Provenance.”[FN 27] and “The LP0002 is a numbered edition of 450, the lowest number available currently is 333/450 however, there is no way to ensure what numbered edition an order would get as availability would change based upon if and when orders are received."[FN 28]

Once again, in 1956, a Fernand Leger [d 1955] painting reproduced would result in reproductions, not original works of visual art i.e., lithographs.

Under U.S. Copyright Law 101. Definitions, a -derivative work- is defined as an: "art reproduction” and under U.S. Copyright Law 106A. the "Rights of certain authors to attribution and integrity - shall not apply to any reproduction."[FN 29]

In other words, reproductions, whether lifetime or posthumous reproductions are derivative works and under U.S. Copyright Law cannot be attributed to an artist, living or dead. Even if that dead artist is named Fernand Leger.

Therefore, for the unsuspecting consumer, when it comes to full and honest disclosure to posthumous reproductions so the consumer might be able to give informed consent on whether to pay thousands of dollars for one, Ethan Allen and their business partner Eric Mourlot seemingly believe and act on the belief of why let the truth interfere with commerce.

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters#sz=99&start=0

NON-DISCLOSED POSTHUMOUS REPRODUCTION

Juan Gris died in 1927.

The above non-disclosed posthumous reproduction, falsely attributed as an original work of visual art i.e., lithograph to the dead artist Juan Gris [d 1927], has a date of "1973," some 46 years after his death.

The dead don't lithograph as documented earlier by U.S. Customs.

Yet, once again as noted in a March 25, 2015 email, three of the "items inquired about," Ethan Allen stated: “The art supplier finally got back to us today. It appears that none of the items inquired about below are hand numbered. The works are all lithographs printed by the Atelier Mourlot - and are “limited edition." The items are limited quantity, annotated and stamped by the Mourlot Estate. In addition, I have provided the current quantity that is remaining for each:"[FN 30]

One of those "items inquired about," a.k.a. non-disclosed posthumous reproductions falsely attributed as original works of visual art i.e., lithographs to Juan Gris [d 1927], were listed as follows:

SOURCE: DropShip@ethanalleninc.com, March 24, 2015

These 24 non-disclosed posthumous reproductions for $985 each total $23,640.

ETHAN ALLEN IN FLORIDA

Ethan Allen seems to have sixteen stores in Florida, one of which is located at 4939 Big Island Drive, Jacksonville, Florida 32246.

Under Florida Statutes 817.034 “Florida Communications Fraud Act” under “DEFINITIONS” (3d), it states: "Scheme to defraud" means a systematic, ongoing course of conduct with intent to defraud one or more persons, or with intent to obtain property from one or more persons by false or fraudulent pretenses, representations, or promises or willful misrepresentations of a future act.”[FN 31]

The potential penalties for such conduct, under ”OFFENSES “(4), states: “(a) Any person who engages in a scheme to defraud and obtains property thereby is guilty of organized fraud, punishable as follows: 1. If the amount of property obtained has an aggregate value of $50,000 or more, the violator is guilty of a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 2. If the amount of property obtained has an aggregate value of $20,000 or more, but less than $50,000, the violator is guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 3. If the amount of property obtained has an aggregate value of less than $20,000, the violator is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.”[FN 32]

Rhetorically, would Ethan Allen's sale and false attribution of these 24 non-disclosed posthumous [1973] reproductions as original works of visual art i.e., lithographs to the dead artist Juan Gris [d 1927] be a violation of State of Florida Statutes 817.034?

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters#sz=99&start=0

NON-DISCLOSED POSTHUMOUS REPRODUCTION

Marie Laurencin died in 1956.

The above non-disclosed posthumous reproduction, falsely attributed as an original work of visual art i.e., lithograph to the dead artist Marie Laurencin [d 1956], has a date of "1980," some 24 years after her death.

The dead don't lithograph as documented earlier by U.S. Customs.

Yet, to belabor a point made over and over before, in a March 25, 2015 email, three of the "items inquired about" Ethan Allen stated: “The art supplier finally got back to us today. It appears that none of the items inquired about below are hand numbered. The works are all lithographs printed by the Atelier Mourlot - and are “limited edition." The items are limited quantity, annotated and stamped by the Mourlot Estate. In addition, I have provided the current quantity that is remaining for each:"[FN 33]

One of those "items inquired about," a.k.a. non-disclosed posthumous reproductions falsely attributed as original works of visual art i.e., lithographs to Marie Laurencin [d 1956], were listed as follows:

SOURCE: DropShip@ethanalleninc.com, March 24, 2015

These 570 non-disclosed posthumous reproductions for $976 each total $556,320.

ETHAN ALLEN IN MARYLAND

Ethan Allen seems to have three stores in Maryland, one of which is located at 1906 Towne Centre Boulevard #130, Annapolis, MD 21401

Under Maryland's Commercial Law Title 14, Secs 501-505, it states: "Seller who describes a print as a 'reproduction' need not furnish other information unless the print is part of a limited edition." The threshold for disclosure is $25 unframed, over $40 framed.[FN 34]

Rhetorically, would Ethan Allen's sale and false attribution of these 570 non-disclosed posthumous [1980] reproductions as original works of visual art i.e., lithographs to the dead artist Marie Laurencin [d 1956] be a violation of State of Maryland Commercial Law Title 14, Secs 501-505?

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters#sz=99&start=0

NON-DISCLOSED POSTHUMOUS REPRODUCTION

Jean Cocteau died in 1963

The above non-disclosed posthumous reproduction, falsely attributed as an original work of visual art i.e., lithograph to the dead artist Jean Cocteau [d 1963] has a date of "1983," some 20 years after their death.

The dead don't lithograph as documented earlier by U.S. Customs.

ETHAN ALLEN IN OREGON

Ethan Allen seems to have three stores in Oregon, one of which is located at 15383 SW Bangy Road, Lake Oswego, OR 97035.

Under Oregon Revised Statutes Title 30. Education and Cultural Facilities, Chapter 359, Arts Commission and Arts Program; Art Transactions Fine Print Disclosure Statements, it states: "'Reproduction' means a copy of a fine print, but not a unique print made from the original plate." and "If the seller describes a fine print as a reproduction, the seller need not furnish any further information."[FN 35]

Rhetorically, would Ethan Allen's sale and false attribution of these a non-disclosed posthumous [1983] reproduction as original works of visual art i.e., lithographs to the dead artist Jean Cocteau [d 1963] be a violation of State of Oregon Revised Statutes Title 30. Education and Cultural Facilities, Chapter 359, Arts Commission and Arts Program; Art Transactions Fine Print Disclosure Statements?

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters#sz=99&start=0

NON-DISCLOSED POSTHUMOUS REPRODUCTION

Wassily Kandinsky died in 1944.

The above non-disclosed posthumous reproduction, falsely attributed as an original work of visual art i.e., lithograph to the dead artist Wassily Kandinsky has a date of "1993," some 49 years after his death.

The dead don't lithograph as documented earlier by U.S. Customs.

Yet, as noted ad nauseum, in a March 25, 2015 email, three of the "items inquired about," Ethan Allen stated: “The art supplier finally got back to us today. It appears that none of the items inquired about below are hand numbered. The works are all lithographs printed by the Atelier Mourlot - and are “limited edition." The items are limited quantity, annotated and stamped by the Mourlot Estate. In addition, I have provided the current quantity that is remaining for each:"[FN 36]

One of those "items inquired about," a.k.a. non-disclosed posthumous reproductions falsely attributed as original works of visual art i.e., lithographs to Wassily Kandinsky [d 1944], were listed as follows:

SOURCE: DropShip@ethanalleninc.com, March 25, 2015

These 32 non-disclosed posthumous reproductions for $1,270 each total $40,768.

ETHAN ALLEN IN MINNESOTA

Ethan Allen seems to have three stores in Minnesota, one of which is located at 7101 France Ave S Rue de France Shopping Center Ste 116, Edina, MN 55435.

Under Minnesota Trade Regulations Secs 324.06 -324.10, it requires: "'Reproduction' means a copy of all original or a print by a commercial mechanical process - Seller who describes print as a 'reproduction' need not furnish other information unless the print is part of a limited edition." The threshold for disclosure is $250 or above.[FN 37]

Rhetorically, would Ethan Allen's sale and false attribution of a non-disclosed posthumous [1993] reproduction as original works of visual art i.e., lithographs to the dead artist Wassily Kandinsky [d 1944] be a violation of State of Minnesota Trade Regulations Secs 324.06 -324.10?

WHAT IS A LITHOGRAPH?

Here is a simplified explanation of what constitute a lithograph based on my 29 year experience in printing over 12,000 works of visual art i.e., lithographs.

ARTIST DRAWN MATRIX

Original works of visual art ie., lithographs are created by hand by a living artist. The original creative medium begins with that living artist, using a greasy pencil and/or greasy substance, drawing their image i.e., matrix on the surface of a limestone block or metal plate. The artist drawn matrix, on the limestone or metal plate, is one of the tools for creating and printing the original works of visual ie., lithographs and is -not- considered the original work of visual art. In other words, the artist drawn matrix, using greasy pencil and/or greasy substance, on the limestone block or metal plate is what the paint brush and paint is to canvas. They are just some of the tools the artist uses to create the works of visual art ie., lithographs. Once the edition of original works of visual art ie., lithographs are completed by the artist, the matrix on the limestone block is grounded off for the living artist to use again [and the metal plate is cancelled with cancellation marks].

NOTE: Lithographs are also created by an artist using mylar and using opaque substances to create their matrix for printing but for sake of clarity, I will only focus on those lithographs created and printed by artists, using greasy materials on limestone blocks or metal plates.

ARTIST DRAWN MATRIX CHEMICALLY PREPARED

Once the artist drawn matrix on the limestone block or metal plate is complete, it is chemically prepared for printing with the artist applying by brush various strengths of phosphoric and nitric acid in a gum arabic solution. The darker the image ie., matrix, the stronger the acid the artist applies by brush to that specific area on to the matrix for a few minutes and then buffed dry with a couple of paper towels.

ARTIST DRAWN MATRIX CHEMICALLY PREPARED AGAIN

Some 24 hours later, the artist applies a modest amount of stiff lithographic ink to a plexiglass table and uses a leather or rubber roller to smooth that stiff lithographic ink to a smooth roller wide consistency. After that is ready, the artist will use a paper towel soaked in Lithotine to remove buff dry gum arabic/acid solution and the artist drawn inked matrix on the surface of the limestone block or metal plate and buff complete dry. A greasy substance called Asphaltum is then quickly applied using a paper towel, to the entire ghost-like artist drawn matrix [without ink] on surface of the limestone block or metal plate and buffed. Using a water moisten lithographic sponge soaking in a container with an inch or so of water, the excess greasy Asphaltum is immediately wiped off revealing a greasy coating to the artist drawn matrix. This appears to bring back visually the chemically prepared artist drawn matrix except this not printable ink. Then with the premise that grease and water don’t mix, the artist uses a lithographic sponge soaked in water wiping across the entire surface of the limestone block or metal plate. As long as the limestone block or metal plate is completely moist with water, the stiff lithographic black ink rolled onto the surface of the limestone block or metal plate, will only adhere to the artist drawn matrix. In other words, all areas of the limestone block or metal plate where artist did not apply a greasy material, should print nothing. Once the artist drawn matrix on the limestone block is completely inked with 4 to 5 passes of fresh applied ink, it is rosin and talc to dry. The artist drawn matrix is once again chemically prepared for printing and buffed dry.

LITHOGRAPHS PRINTING BEGINS

An hour or so later, the artist, using a paper towel soaked in Lithotine, will remove the buff dry gum arabic/acid solution and the artist drawn inked matrix on the surface of the limestone block or metal plate and buff complete dry. Once again, a greasy substance called Asphaltum is then quickly applied using a paper towel, to the entire ghost-like artist drawn matrix [without ink] on surface of the limestone block or metal plate and buffed. Using a water moisten lithographic sponge soaking in a container with an inch or so of water, the excess greasy Asphaltum is immediately wiped off revealing a greasy coating to the artist drawn matrix. This appears to bring back visually the chemically prepared artist drawn matrix except this not printable ink. Then with the premise that grease and water don’t mix, the artist uses a lithographic sponge soaked in water wiping across the entire surface of the limestone block or metal plate. As long as the limestone block or metal plate is completely moist with water, the stiff lithographic black ink rolled onto the surface of the limestone block or metal plate, will only adhere to the artist drawn matrix. In other words, all areas of the limestone block or metal plate where artist did not apply a greasy material, should print nothing. Once the artist drawn matrix on the limestone block is completely inked with 4 to 5 passes of fresh applied ink, the artist drawn matrix is ready for printing. For each printed original work of visual art ie., lithographs the artist may print, they will have to make four to five rolls of freshly rolled lithographic ink to the surface of the limestone block or metal plate to print each lithograph. Additionally, the artist will have to carefully monitor running low on ink rolled on the plexiglass table and replace it ever so often. Depending on the size of the artist drawn matrix on the limestone block or metal plate, for an edition of 100, printing black ink only, could possibly be done at 3 to 15 printed lithographs an hour taking 6 hours to 3 days to complete a one black-and-white edition of 100.

This doesn’t even to begin to address the additional artist drawn matrixes done to print and register additional colors or hand-painting the edition or combining the edition with other mediums and/or combining any number of additional creative ideas and mediums.

Once the printing of the edition of original works of visual art i.e., lithographs is completed by the living artist there is the signing and number and possibly titling the edition by that living artist.

The above description of the steps for an artist to create and print their edition of original works of visual art i.e., lithographs is supported by U.S. Custom`s May 2006 An Informed Compliance Publication titled Works of Art, Collector`s Pieces Antiques, and Other Cultural Property and U.S. Copyright Law 106 A. This U.S. Customs publication 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 hand by the artist, irrespective of the process or of the material employed by him, but excluding any mechanical or photomechanical process."[FN 38]

"The centerpiece of the evening will be Ethan Allen’s “Modern Masters” Collection, an exclusive exhibition of rare and collectible lithographs created by some of the most legendary artists of the 20th century, including Pablo Picasso, Henri Matisse, Georges Braque, Alexander Calder, Salvador Dalí, Marc Chagall, Fernand Léger, and Joan Miró, among many others.

"The Collection was originally produced by the leading lithographer of the time, Atelier Mourlot. In attendance at the event will be Mr. Eric Mourlot, the grandson of Fernand Mourlot, who established the original Atelier Mourlot in Paris in 1852. Mr. Mourlot will discuss the new Ethan Allen Modern Masters Collection and its history."

Photo: http://bestevents.us/san-diego-san-diego-arts-amp-ethan-allens-modern-masters/710202

ETHAN ALLEN'S BAIT AND SWITCH

Ethan Allen's Modern Masters Collection of non-disclosed posthumous reproductions are not original works of visual art i.e., lithographs wholly executed by hand by the artist and Ethan Allen's senior management knows it.

Remember, as documented earlier in the above July 2, 2014 Ethan Allen internal email, Senior Director Opie Miller states: "So- to hope to clarify- the date next to the print is when it was actually printed. You may notice that sometimes the date next to the print is when it was actually printed. You may notice that sometimes the date was after the artist died. This means the pieces was printed from an original painting with permission of the artist's estate."[FN 39]

On page 137 of the Seventh Edition of Black's Law Dictionary, -bait and switch- is defined as: "Most states prohibit the bait and switch when the original product is not actually available as advertised."[FN 40]

http://www.ethanallen.com/en_US/shop-decor-artwork-modern-masters/l%27homme-au-chandail/LP0002.html#start=1

ETHAN ALLEN'S REPRESENTATION

July 2, 2014 email from Ethan Allen Design Center Manager Kera L. Parker

ETHAN ALLEN'S DISCLAIMER

UNIFORM COMMERCIAL CODE

In September 1998 Art World News trade magazine, the attorney Paul Winick (partner in the New York office of Thelen, Marrin, Johnson and Bridges), who specializes in intellectual property law, litigation and represents galleries, publishers and artists, wrote the article "Certificates of Authenticity: Dealer Liability."

In his article he explains the application of the Uniform Commercial Code as it applies to the “sales of most forms of visual art.” The author wrote: “UCC express warranty arises from two sources: The description of the goods given by the seller, and the seller statements made to induce the sale.” Those statements are said to become part of the “basis of the bargain” made between buyer and seller and, therefore, a basis for legal action if the description or statements turn out later to have been false.”[FN 41]

The author also wrote: “Warranties need not depend on the sale document and can arise in statements made in advertisements or catalogues, so long as the buyer relied on those statements in formulating the bargain with the seller,” and that “Warranties are applicable regardless of fault or intent. It is no defense that the seller did not mean to make a misstatement, or that he thought the misstatement to be true. If the goods (the artwork) do not conform to the promise made (the warranty), the seller is liable, whether or not he knew it to be true.”[FN 42]

When it comes to “disclaimers,” Paul Winick wrote: “Disclaimers are not viewed favorably by courts and, unless there is some way to reconcile the disclaimer and the representation, the disclaimer is disregarded and the representation is given effect.”[FN 43]

http://demandware.edgesuite.net/aakh_prd/on/demandware.static/-/Sites-ethanallen-us-Library/default/dwad31ade6/pdf/EthanAllen_WarrantyBrochure.pdf

Ethan Allen’s GENERAL WARRANTY COVERAGE states: “Our products are warranted to be free from material defects in workmanship, materials and construction from date of delivery for the number of years noted below when used for normal, residential indoor use.” Specifically, Ethan Allen states: “ARTWORK AND MIRRORS warranty period is 1 year but the “Warranty does not cover fading, expansion, contraction, effects of extreme high/low humidity or damage caused by improper installation. Store credit for the original price paid will be issued as full satisfaction of all valid warranty claims for Premier Collection items.” [FN 44]

Ethan Allen must, on occasion, ship to their customers. In fact, Ethan Allen states: "We determine the shipping method based on the item and its packaging. Each product's detail page displays its availability and shipping method."[FN 45]

What are the potential consequences of Ethan Allen shipping a non-disclosed posthumous reproduction, misrepresented as an original work of visual art i.e., lithograph, if Ethan Allen's detail page fails to give full and honest disclosure?

UNITED STATES POST OFFICE

In Section 1341, Fraud and Swindles of the UNITED STATES POSTAL INSPECTION SERVICE, it states: “Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representation or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use any counterfeit or spurious coin, obligation, security, or other article, or anything represented to be or intimated or held out to be such counterfeit or spurious article, for the purpose of executing such scheme or artifice or attempting so to do, places in any post office or authorized depository for mail matter, any matter or thing whatever to be sent or delivered by the Postal Service, or deposits or causes to be deposited any matter or thing whatever to sent or delivered by any private or commercial interstate carrier, or takes or receives therefrom, any such matter or thing, or knowingly causes to be delivered by mail or such carrier according to the direction thereon, or at the place at which it is directed to be delivered by the person to whom it is addressed, any such matter or thing, shall be fined under this title or imprisoned not more than five years, or both. If the violation affects a financial institution, such person shall be fined not more than $1,000,000 or imprisoned not more than 30 years, or both.”[FN 46]

PRECEDENT

In the March 17, 2004 News-10-Now’s “US Attorney’s Office investigates art fraud” story by Carmen Grant, Assistant U.S. Attorney Lisa Fletcher is quoted as stating: “What we found is that Anthony Marone and William Yager conspired with one another, since at least as far back as 1999, to post on ebay for auction works of art that they represented to be original by original famous artists, and what they actually sold was counterfeit works of art. By doing that they committed several federal offenses including conspiracy to commit wire fraud and mail fraud.”[FN 47]

LAW, ETHICS AND THE VISUAL ARTS

On page 816-817 of Kluwer Law International’s published 1998 Law, Ethics and the Visual Arts, Third Edition by John Henry Merryman and Albert E. Elsen, they wrote about “Counterfeit Art.”

Under the subtitle “Truth,” the authors wrote: “The most serious harm that good counterfeits do is to confuse and misdirect the search for valid learning. The counterfeit objects falsiﬁes history and misdirects inquiry.”[FN 48]

Additionally, under the subtitle “Resource Allocation,” the authors wrote: “Museum and art historical resources are always limited. What gets acquired, displayed, conserved and studied is the result of a continuous process of triage, in which some objects can be favoured only at the expenses of others. Counterfeit objects distort the process.”[FN 49]

Finally, under the subtitle “Fraud,” the authors wrote: “There remains the most obvious harm of all: counterfeit cultural objects are instruments of fraud. Most are created in order to deceive and defraud, but even “innocent” counterfeits can, and often will, be so used. The same considerations of justice and social order that make deliberate fraud of other kinds criminal apply equally to fraud through the medium of counterfeit art…”[FN 50]

FAROOQ KATHWARI, CHAIRMAN, PRESIDENT AND CEO OF ETHAN ALLEN

In a youtube October 16, 2014 video, Ethan Allen's Chairman, President and CEO of Ethan Allen made the following statement:

"And finally, you know, our business model is based on the fact that you've got to make sure you keep your leadership principals in sight and our senior management at Ethan Allen every year they have to write a report to me how they believe they have been able to work on these principals and so that they keep them in sight all time. And in my, you know... As I know motivated people can do wonders. A great team that works together... When we went to work... Mexico and we opened up... We have 700 associates there. I said lets have similar environmental safety standards as we have in the United States. Same thing in Honduras. Not required. People go there because the can get away with all those things. We said no. And you know what people know it. They see it. And we have one of the most motivated workforce over there. Hardly any turnover because you are treating people fairly and with justice. It's good for business. Thank you very much. Good to be here."[FN 51]

CORPORATE GOVERNANCE

On Ethan Allen's website, under the subtitle "Corporate Governance," Ethan Allen's CEO Farooq Kathwari wrote: "“Ethan Allen is built on a deep and abiding relationship of trust between our clients, our retailers, our shareholders, our employees, our suppliers, and the many communities of which we are an integral part. If you create a culture of trust and justice, you create a positive business environment. Justice and excellent governance are good for profitability.”[FN 52]

LEADERSHIP PRINCIPALS

Ethan Allen's CEO Farooq Kathwari states on their website that: "Good governance is good for profitability – and good for our talented and committed team. As a group we embrace ten key Leadership Principles, which define our commitment to excellence. Living by these principles is paramount. They are the compass that guides us to achieve our full potential, both as individuals within the company and as a major player in the industry."[FN 53] One of those principals is Justice which Farooq Kathwari defines as: "Always make decisions fairly. Justice builds confidence and trust, which in turn encourages motivation and teamwork."[FN 54]

Rhetorically, would it "create a culture of trust and justice" for the Ethan Allen customers if they were to discover that many of the so-called "lithographs" being offered for sale for hundreds to thousands of dollars each by Ethan Allen with their business partner Eric Mourlet and Atelier Mourlot, were actually a non-disclosed posthumous reproductions i.e., posters?

Certificate of Provenance #2505

"COLOR LITHOGRAPH BY FERNAND LEGER"

ETHAN ALLEN'S BOILER PLATE

In a June 6, 2014 letter, an attorney from Law Firm representing Ethan Allen stated the following: "Ethan Allen offers lithographs for sale. As a noun, "lithograph" is defined by any number of sources as a work created by the specific process of lithography. It does not necessarily refer to the work itself. Contrary to your unsupported belief, the term "lithograph" encompasses far more than your artificially narrow understanding of an original work of art "wholly executed by the hand of the artist which excludes any mechanical and photomechanical processes." In simple fact, you are fundamentally incorrect as the process of lithography is a mechanical process. The term neither represents nor implies that a particular work was prepared by the original artist or as a reproduction. We will not dignify your remaining erroneous statements with a response."[FN 55]

The above "Certificate of Provenance," signed by Eric Mourlot, states L'Homme au Chandail is a "Color Lithograph by Fernand Leger" in a limited edition "printed by Mourlot in 1956." Under U.S Customs Informed Compliance May 2006, a lithograph "must be wholly executed by hand by the artist and excludes mechanical and photomechanical processes. In 1956, Fernand Leger [d 1955] was dead. The dead don't wholly execute anything.

Additionally under U.S. Copyright Law 101, a work of visual art to be considered a limited edition it must be "signed and consecutively numbered by the author. In 1956, Fernand Leger [d 1955] was dead. The dead don't sign and consecutively number anything.

Furthermore, under U.S. Copyright Law 106A, the Rights of Attribution "shall not apply to any reproduction." In 1956, Fernand Leger [d 1955] was dead. At best, anything posthumously reproduced, such as Fernand Leger's painting, are reproductions.

July 2, 2014 email from Ethan Allen Design Center Manager Kera L. Parker

ETHAN ALLEN'S DISCLAIMER

GALERIE MOULOT'S BOILER PLATE

In a July 18, 2014 letter, the Law Firm representing Galerie Mourlot stated the following: "Contrary to the contentions in your E-mail, each of the prints being offered by Ethan Allen as part of The Mourlot Collection is a genuine lithograph, produced with the appropriate authorizations. Encyclopedia Britannica defines lithography as the process of drawing or laying down a design or transfer, on a specially prepared stone or other suitable surface, in such a way that impressions may be taken therefrom. The principle on which lithography is based is the antagonism of grease and water. A chemically pure surface having been secured on some substance that has an equal affinity for both grease and water, in a method hereafter to be described, the parts intended to print are covered with an unctuous composition and the rest of the surface is moistened, so that when a greasy roller is applied, the portion that is wet resists the grease and that in which an affinity for grease has been set up readily accepts it; and from the surface; thus treated it will be seen that it is an easy thing to secure an impression on paper or other material by applying suitable pressure. (See Encyclopedia Britannica — University Press 1911). Your contentions that a lithograph be anything more are misguided and, in this case seem intended to disparage my client for your own personal benefit.

"None of the works distributed by from The Mourlot Collection are in any way "non-disclosed reproductions.” Further, none of these works are "offset" or photo-mechanically reproduced. Each work in the Mourlot Collection is a genuine lithograph. Whether created as originals by the artists themselves, or as reproductions supervised by the artists or the estates, they are all printed with a true lithographic process and with the permission of the artists themselves or their estate."[FN 56]

Lithographs versus reproductions are not interchangeable, much less the same. The following, as documented earlier, supports that irrefutable fact.

In 1956 a Fernand Leger [d 1955] painting reproduced by Mourlot results in reproductions. The dead don't lithograph. Under U.S Customs Informed Compliance May 2006, a lithograph "must be wholly executed by hand by the artist and excludes mechanical and photomechanical processes.

The dead don't lithograph.

In 1956, Fernand Leger [d 1955] was dead. The dead don't sign and consecutively number anything. Under U.S. Copyright Law 101, a work of visual art to be considered a limited edition it must be "signed and consecutively numbered by the author."

The dead don't sign and number.

In 1956, Fernand Leger [d 1955] was dead. As tragic as Fernand Leger's death in 1955 may have been for family, friends and other interested parties such as Atelier Mourlot, his career as an artist was over. At best, anything posthumously reproduced, such as a Fernand Leger painting, are reproductions. Under U.S. Copyright Law 106A, the Rights of Attribution "shall not apply to any reproduction."

The dead, much less the living, don't have attribution for reproductions

LAWYERS ARE ADVOCATES FOR THEIR CLIENTS

In Reuters' published January 6, 2015 article by Brendan Pierson, the reporter wrote the following:

"The heart of the issue: attorneys are advocates for their clients, not arbiters of fact, they said, and they are generally entitled to believe their clients.

"'The statement by the victim that it happened, without a strong reason to question it, would be sufficient,' said Amy Mashburn, a professor at the University of Florida's Levin College of Law.

"'Being false alone is not enough,' said Stephen Gillers, a professor at NYU School of Law. 'What a disciplinary committee would have to show is that they either knew the allegations were false, or they were reckless in making the charge.'

"Gillers said there was no firm standard for what it meant to be reckless. While attorneys have an obligation to investigate allegations before making them, such an investigation need not be as thorough as the fact-finding that later happens in court, he said."[FN 57]

CONCLUSION

What needs to be accomplished is the full and honest disclosure of all reproductions as reproductions by Ethan Allen, Eric Mourlot and Atelier Mourlot. If Ethan Allen, Eric Mourlot and Atelier Mourlot would give full and honest disclosure for all reproductions as reproductions, it would allow consumers to give informed consent on whether to express interest in one of these reproductions, much less buy one of these reproductions.

But, if these reproductions are not fully disclosed by Ethan Allen, Eric Mourlot and Atelier Mourlot as reproductions then serious consequences of law may come into play for those who chose to misrepresent them.

The reputations and legacy of living and past artists, present and future 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.

FAIR USE:

Under U.S. Copyright Law "Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair. [one of which is:] The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes."

http://www.copyright.gov/fls/fl102.html

FOOTNOTES:

1. https://www.youtube.com/watch?v=83W0vbLGohU

2. Ibid

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

4. www.copyright.gov/title17/92chap1.html#101 - § 106A. Rights of certain authors to attribution and integrity37 (a) Rights of Attribution and Integrity. — Subject to section 107 and independent of the exclusive rights provided in section 106, the author of a work of visual art — (1) shall have the right — (A) to claim authorship of that work, and (3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction,

5. p. 617, Seventh Edition of Black's Law Dictionary, ISBN 0-314-22864-0

6. p. 670, Seventh Edition of Black's Law Dictionary, ISBN 0-314-22864-0

7. July 2, 2014 email from Ethan Allen Design Center Manager Kera L. Parker

8. Ibid

9. Ibid

10. www.graphicsquote.com/tradecustoms.html

11. https://www.youtube.com/watch?v=83W0vbLGohU

12. http://www.copyright.gov/title17/92chap1.html#103

13. Viking Adult; 5 Rev Upd edition (May 31, 1991), ISBN-10: 0670837016, ISBN-13: 978-0670837014 [This fifth edition has been prepared by Steven Sheehan, Director of the Ralph Mayer Center, Yale University School of Art.]

https://books.google.com/books?id=fe6mQgAACAAJ&dq=1991 FIFTH EDITION OF ARTIST`S HANDBOOK BY Ralph Mayer&hl=en&sa=X&ei=_zuQVLr-PMerggTE-IOQCw&ved=0CDIQ6AEwAA

14. DropShip@ethanalleninc.com

15. http://www.copyright.gov/title17/92chap1.html101

16.http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$ACA15.01$$@TXACA015.01+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=27067392+&TARGET=VIEW

18. DropShip@ethanalleninc.com

19. http://www.copyright.gov/title17/92chap1.html101

20. http://codes.lp.findlaw.com/cacode/CIV/5/d3/4/1/1/s1738

21. DropShip@ethanalleninc.com

22. http://www.copyright.gov/title17/92chap1.html101

23. 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.)”

24. Ibid

25. http://www.copyright.gov/title17/92chap1.html101

26. July 2, 2014 email from Ethan Allen Design Center Manager Kera L. Parker

27. DropShip@ethanalleninc.com

28. DropShip@ethanalleninc.com

29. http://www.law.cornell.edu/uscode/text/17/103

30. DropShip@ethanalleninc.com

31.http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0817/Sections/0817.034.html

32. Ibid

33. DropShip@ethanalleninc.com

34. http://law.justia.com/codes/maryland/2010/commercial-law/title-14/subtitle-5/

35. http://www.oregonlaws.org/ors/chapter/359

36. DropShip@ethanalleninc.com

37. https://www.revisor.leg.state.mn.us/statutes/?id=324.07&year=2015

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

39. July 2, 2014 email from Ethan Allen Design Center Manager Kera L. Parker

41. http://www.artworldnews.com/

42. ibid

43. Ibid

44.http://demandware.edgesuite.net/aakh_prd/on/demandware.static/-/Sites-ethanallen-us-Library/default/dwad31ade6/pdf/EthanAllen_WarrantyBrochure.pdf

45. http://www.ethanallen.com/en_US/footer-shipping.html

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

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

49. Ibid

50. Ibid

51. https://www.youtube.com/watch?v=jF5UramGaP8&nohtml5=False

52. http://www.ethanallen.com/en_US/leadership-principles.html

53. http://www.ethanallen.com/en_US/leadership-principles.html

54. Ibid

55. Eric D. Koster
Vice President, General Counsel and Secretary
Ethan Allen Global, Inc. and its Subsidiaries
Ethan Allen Drive
P.O. Box 1966
Danbury, Connecticut 06813-1966

56. William L. Bartow

DLA Piper LLP (US)

One Liberty Place

1650 Market Street, Suite 4900

Philadelphia, Pennsylvania 19103

57. http://www.reuters.com/article/2015/01/06/us-andrew-lawsuit-dershowitz-idUSKBN0KF0DH20150106

Gary Arseneau

Sunday, April 17, 2016

THE DEAD DON'T LITHOGRAPH, Ethan Allen's "Modern Master Collection" of non-disclosed posthumous reproductions from Galerie Mourlot

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