AUTHENTICATION AND HOPE FOR THE HOPI

Dana McGuire Scheibe

Colorado State University
 Abstract

This paper explores the theory and law behind authenticity through the lens of Walter

Benjamin in the case of the Hopi Indians and the Parisian art auctions. Through this

exploration, information will be given in order to prove the reasoning for Hopi artifacts to

be returned to their place of origin.

Keywords: authenticity, authentic, aura, Walter Benjamin, Hopi

A people without the knowledge of their past history, origin and culture is like a tree
without roots." Marcus Garvey

Introduction

With the conclusion of the Parisian auction of Hopi artifacts on April 12, 2013, we

see the Hopi tribe experience a great loss. Not only have the Hopi lost a piece of their

history, but also irreplaceable artifacts that are necessary parts of ritualistic ceremonies,

totems for elders they have lost, and countless other vital parts of their culture.

However, with the vague details pertaining to the auction itself, the question of

authenticity arises. As there are many details missing from this case, without true

authenticity, those who purchased these artifacts at the auction house may have suffered

the real loss. Using the laws of authenticity in conjunction with Walter Benjamins

theory of authenticity, we can see that the pieces in question may actually have no

commercial worth to collectors. It appears that the validation of authenticity, defined as

the idea of an object being genuine and worth some form of spiritual, emotional or

financial value, was an afterthought for the auction houses and that the buyers of these

works are the real ones who suffered consequences. If the only worth of said artifacts is

on their native grounds and they have no commercial value due to the lack of

authenticity, what do the collectors gain?

Nret-Minet Tessier & Sarrou Auction House

On April 12, 2013, an auction of Hopi Artifacts was held at the Nret-Minet

Tessier & Sarrou auction house. The auction contained ceremonial masks as well as

Katsinam dolls, or friends. The Hopi objected to calling said artifacts masks or dolls
due to their spiritual association. The Hopi say that these artifacts are thought to

embody the spirits of warriors, animals, messengers, fire, rain and clouds, among other

things. (Mashberg, 2013) When these artifacts were put up for auction, the Hopi

Indians believed this act to be sacrilegious. According to a statement made by Leigh J.

Kuwanwisiwma, the Director of the Hopi Cultural Preservation Office, Sacred items

like this should not have a commercial value, (Mashberg, 2013) but the discussion I am

addressing is not in relation to the importance of these artifacts, rather their authentication

and financial worth.

The financial outcome of the auction was over $1.2 million in sales. The most

valuable piece in this collection, a Mother Crow mask sold for $209,000 alone.

(Boehm, 2013) The opening bid for a work is determined by the cost of the materials

used, aesthetic appeal, the artists present status, the availability of similar works, and

anticipated appreciation based on performance of the artists other works. (DuBoff,

2000.) The individual collector who submitted the artifacts for auction had requested that

he not be identified, but states that he legally acquired all artifacts through sales and

auctions over the last 30 years. (Boehm, 2013) Submitting art for auction at the Nret-

Minet Tessier & Sarrou auction house is really quite simple.

When submitting a work for auction at the Nret-Minet Tessier & Sarrou auction

house, all one is required to do is submit photos, dimensions, and your personal

information. Once your submission has been processed, the auction house will respond

with an offer. (Tessier & Sarrou et Associs). Authentication for a work is not required
by law when submitting work to an auction house. With the authenticity not being a

requirement in conjunction with seller remaining anonymous, many issues begin to arise.

Authenticity in Law

It should be noted that when a seller wishes that their identity not be disclosed, this

raises the problem of whether the auctioneer warrants the authenticity and title of the

property (DuBoff) as seen in the case of Weisz v. Parke-Bernet Galleries, Inc.

In the case of Weisz v. Parke-Bernet Galleries, Inc., Dr. Arthur Weisz purchased a

painting by Raoul Dufy for $3,347.50 at an auction held by Parke-Bernet Galleries, Inc.

Later, the painting was found to be a forgery, resulting in Weisz motioning to sue Parke-

Bernet Galleries, Inc. Parke-Bernet, like many auction houses, requires all bidders to

sign a legal waver that protects the auction house in the instance of a piece being found to

be not genuine. Many collectors will take a name, such as Hopi, for face value. When a

bidder purchases a piece from an auction house, it is assumed that they fall under the

concept of caveat emptor, or as it translates, let the buyer beware. In the case of Weisz

v. Parke-Bernet Galleries, Inc., the court found in favor of the defendant due to caveat

emptor. (DeBoff)

Because of litigation surrounding authenticity, such as Weisz v. Parke-Bernet

Galleries, Inc., many authenticator groups have disbanded. When an authenticator is

connected to a work under litigation, they can be found liable and are at risk for being

sued for defamation of character, or professional negligence, or the lack of care between

professionals and their clients. For example, in 2012, the Keith Haring Foundation

disbanded their authentication committee thus labeling some Keith Haring paintings fake.
Two years later in February of 2014, nine collectors who owned Keith Haring paintings

motioned to sue the Keith Haring Foundation for $40 million. The plaintiffs believed

that because the Foundation publicly labeled their pieces as fake, they no longer held any

commercial worth. Cases such as this one make authenticators quite wary of declaring

authenticity. With the lack of willing authenticators, it is unlikely that any currently

unauthenticated Native American work would be labeled genuine. Registered visual

authentication markers, or a stamp of approval, are the best way to show

authentication. (Danziger, 2014)

As it pertains to the Hopi tribe, under the U.S. Department of the Interior, the

Indian Arts and Crafts Board has certified markings that should be applied to authentic

artifacts, but only by a Native American in order to identify their work and the tribe it

pertains to. (25 U.S.C. 305-305(c)). Although said markings may not always be

present, they are the best and most reliable form of authenticity in Native American

works.

If the works auctioned at Nret-Minet Tessier & Sarrou do not contain the specific

and regulated markings for the Hopi tribe, they could be rendered commercially

worthless similar to the Haring works. This would mean that the buyers themselves have

ultimately failed by purchasing works that do not possess any monetary value. In

addition, since the Hopi artifacts had been collected outside of the United States,

authenticators may feel less connected to the works themselves and therefore refuse to

authenticate. The idea of authenticity depleting a work after leaving its indigenous

location, is a theory best discussed by Walter Benjamin.

Ritual into Politics

In Walter Benjamins 1936 publication, The Work of Art in the Age of Mechanical

Reproduction, he addresses the idea of authenticity as our society evolves and

reproduction is more readily available. Benjamin defines authenticity as the essence of

all that is transmissible from its beginning, ranging from its substantive duration to its

testimony to the history which it has experienced. As Benjamin continues, he also states

that what is really jeopardized when the historical testimony is affected is the authority

of the object. (Benjamin, 1936) What one can infer from this testimony is that the true

authentication of an object is directly linked to its history. To better illustrate this, I

implore you to think of the Great Pyramids of Giza; surrounded by beautiful desert,

standing resolute, they are a true wonder. Now, imagine they could be moved and

relocated to Boise, Idaho. Would they still be found to be authentic or would they lose

that authenticity in the act of a new environment filled with mountains and history based

that of in Westernization? I believe not. You would no longer see the Great Pyramids of

Giza, but rather the Great Pyramids of Boise. In the case of the Hopi Indians, you can

see that removing their sacred objects from the reservation denounces their

authentication. By moving original American artifacts to Europe, the artifacts may have

lost the ability to be authenticated. Without authentication, we not only see the artifacts

history rendered useless, but again see the loss of commercial value in these artifacts.

In addition to authentication being directly linked to history, a works aura, or a

piece whose significance points beyond the realm of art, is equally important to its

authentication. (Benjamin). Imagine you are standing in front of A Sunday on La Grande

Jatte by Georges Seurat, just like the character Cameron from Farris Buellers Day Off.

The piece engulfs you and welcomes you in as it stands over 6 feet tall and 10 feet wide.

With every passing minute you notice yet another new element that you didnt notice

only moments before. Now imagine you are standing in front of the same piece, but only

in your own home and instead of engulfing with its size, A Sunday on La Grande Jatte, is

only the size of a poster. Do you feel the same way? Is there less of an evoked emotion

or respect for the work now that the piece is outside of its authentic being? When we see

a work transcribed into a different medium, history, or some combination of the two our

perception of the work, its aura, as well as its authenticity diminishes and, in some cases,

can even vanish.

With the Hopi artifacts existing in private collections and galleries in Europe, they

lose some of their aura. They no longer embody or invoke the feeling that they once did

while still existing on their reservations. Now they are looked at as prizes rather than

sacred entities and they no longer can be utilized for their original purposes. With the

artifacts losing their aura and being separated from their ritualistic needs, they no longer

have authenticity. Instead of being based on ritual, it begins to be based on another

practice politics.(Benjamin)

Conclusion

With the Hopi artifacts no longer residing in their native location, they cannot

serve their intended purpose. Once the artifacts were removed, their aura diminished and

their authenticity, through the lens of Benjamins theory, no longer exists. In addition to

the theoretical loss of authenticity, the possible lack of legal Native American markings
and the lack of formal legal authentication suggests these pieces retain no commercial

value, thus stripping them of any value to collectors. Due to their loss in commercial

value, the only way for these artifacts to serve any authentic purpose, or any purpose of

value, is by returning them to the Hopi Tribe. As they continue to live in Europe, not

only do they serve no purpose, but they also are worthless to their collectors.

Bibliography

Benjamin, Walter. "The Work of Art in the Age of Mechanical Reproduction." Walter

Benjamin. N.p., n.d. Web. 14 Dec. 2016.

Boehm, Mike. "Hopi masks auctioned in Paris amid outrage and legal objections." Los

Angeles Times. Los Angeles Times, 2013. Web. 14 Dec. 2016.

Danziger, Charles And Thomas. "On the Case: Exploring Real World Art Law Issues."

Artnet News. N.p., 2015. Web. 14 Dec. 2016.

DuBoff, Leonard D., and Christy A. King. Art law in a nutshell. St. Paul, MN:

Thomson/West, 2006. Print.

Mashberg, Tom. "Hopis Try to Stop Paris Sale of Artifacts." The New York Times. The

New York Times, 2013. Web. 14 Dec. 2016.

Http://www.neret-tessier.com. "Tessier & Sarrou et Associs." Tessier & Sarrou et

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