Counterfeiting, alteration and reproduction of works of art – Venderequadri

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Counterfeiting, alteration and reproduction of works of art

by VendeQuadri in Blog
Counterfeiting, alteration, and reproduction of works of art: let's make a distinction and understand them better.

With these terms we speak of the various hypotheses of crime that can be grouped under the common name of counterfeiting of works of art or, more generally, art forgeries.

Let's examine in detail the three different criminal offences covered by the Cultural Heritage and Landscape Code: counterfeiting, alteration, and reproduction of works of art. The first term refers in particular to the activity that leads to the production of a totally false work of art. The term alteration, on the other hand, refers to an intervention capable of modifying an original work of art in a way that is not compliant with or in any case alien to the author's will. Finally, reproduction refers to the activity aimed at obtaining a copy of an original work of art, in order to place it on the market as authentic. Let's see when the three behaviors just described are taken into consideration:
  1. In the event that, for the purpose of making a profit, someone materially proceeds to the counterfeiting, alteration or reproduction of a work of art.
  2. In the event that, even without directly participating in the activities described in point 1, someone places on the market, or in any case puts into circulation, the works derived therefrom, passing them off as authentic, with the aim of making a profit.
  3. In all these cases, knowing of the falsity, a person works to authenticate counterfeit, altered, or reproduced works of art, or in any case accredits them or contributes to accrediting them as authentic through declarations, appraisals, publications, or the affixing of stamps.

For all conduct covered by this law, the penalty is imprisonment from three months to four years and a fine from 103 to 3,099 euros, which may be increased if the acts are committed in the exercise of a commercial activity.

In this last case, the conviction is also accompanied by the accessory penalty of professional disqualification. Finally, all the criminal hypotheses just seen can concur with both the crime of fraud and that of receiving stolen goods. Our heartfelt advice is to never get involved in these shady deals!
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What does it mean to archive a work of art?

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Article 64 of the Code of Cultural Heritage and Landscape Article 64 of the Cultural Heritage Code requires art sellers to provide buyers with documentation certifying their authenticity, attribution, and provenance, or a declaration with all available information. On the criminal front, Article 648 of the Criminal Code punishes receiving stolen goods, that is, the purchase or concealment of goods originating from crime for profit; those acting in the exercise of their professional activity risk more severe penalties. Finally, Article 712 of the Criminal Code concerns reckless purchasing: anyone who purchases suspect goods without verifying their legitimate provenance is punishable. In short, those operating in the sector must always guarantee traceability, accuracy, and verification of the origin of the works. In other words, if a work, whether original or not, that has a reference archive, is not accompanied by an authentication, it is not recognized by the market. It is not handled by professionals in the sector, because they would be acting in violation of the law: this poses a risk for the intermediary, seller, and buyer due to possible charges of receiving stolen goods and reckless purchasing. An unarchived painting remains a wall painting: it shouldn't leave the home; it remains anonymous and unknown. Of course, some perceive archiving as a risk, but what are the alternatives? The alternative is to expose oneself to the law and take risks, as we find confirmation online. In Ravenna, for example, a private individual attempted to sell a Schifano, which was declared a fake by the Mario Schifano Archive. The result? The work was seized by the Carabinieri of the Unit for the Protection of Cultural Heritage and a lawsuit was initiated, at the end of which the owner risks five years in prison and a €10,000 fine. Of course, submitting the work for archiving carries a certain risk: it involves an "authenticity check," and the outcome is not guaranteed. But the only alternative is to enjoy the work privately, forgotten by the broader art scene, and deny potentially authentic works the recognition they deserve. Art. 64.1: Anyone who engages in the business of selling to the public, exhibiting for commercial purposes, or acting as an intermediary for the sale of paintings, sculptures, graphic works, or objects of antiquity or historical or archaeological interest, or who habitually sells such works or objects, is required to provide the purchaser with documentation certifying their authenticity, or at least their probable attribution, and provenance; or, failing that, to issue, in the manner established by the laws and regulations governing administrative documentation, a declaration containing all available information regarding their authenticity, or probable attribution, and provenance. 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