Share

Art, collecting and Condition Report: guarantees and legal protection

The Condition report is the document that serves to define the state of conservation of a work of art on the occasion of each movement, whether this occurs on the occasion of a temporary loan or on the basis of its sale in order to protect the collector.

Art, collecting and Condition Report: guarantees and legal protection

After years of collecting dictated by an art market marked by passion, when a report and good advice from a gallery owner or art dealer was enough to have the guarantee that the purchased works were authentic and above all well-made, today , however, it is necessary that these works are always accompanied by a "Condition report” certifying their effective quality and validity. A “condition sine qua non” to be better protected and not face unpleasant surprises. 

Condition report is a written and/or electronically archived document detailing the condition of a painting and its frame based on careful examination. When used by attaching photographs and illustrations, the report clearly records the physical condition of the painting and frame at the time. When the Condition report is systematically kept, it constitutes a documentary guarantee any changes in the work over time that may be caused by natural aging of sensitive materials, accidental damage, vandalism, improper display or storage conditions, improper handling or inadequate packaging, as well as any alteration of the work due to restoration treatment and restoration. Tracking the condition of an entire collection, based on the type of object, can provide the means to manage and preserve it especially if the data is archived in a digital format.

The information gathered in condition surveys can be used by a variety of museum professionals. Conservators, curators and collection managers can use this information to identify objects most urgently in need of treatment or to prioritize treatment interventions in the collection. Additionally, exhibition organizers can identify works that are ready for exhibition or that require moderate treatment to be ready for exhibition. Conservators can identify works most at risk during travel and exhibition, while preparers can pre-determine packing and shipping requirements for traveling exhibitions. 

Why is a condition report important? 

A systematic and up-to-date condition reporting system is the foundation of any collection's care and management program. It allows the owner or keeper to track changes in the condition of the object and to intervene with preventive measures or treatment, when necessary. It therefore forms a central component of the decision-making process for a painting and its frame before they are acquired, displayed or loaned.

The condition report made prior to the acquisition provides the buyer with information necessary to evaluate whether it can provide the necessary care for the artwork, as well as information about its general condition and will highlight restrictions on handling, packing or storage. Condition reports track any changes made to the painting during exhibition or loan. When properly maintained, these condition reports can pinpoint when and where a change in condition has occurred and whether to remove a painting from an ongoing exhibition. In addition to detailing the physical state of the painting or frame, it also collects information about the materials of the painting, the artist's technique, and the history of the exhibition. This story is recorded on labels and tags attached to the back of the painting or ancillary support or to the back of the frame. Carefully maintained documentation is a critical element in liquidation of insurance claims and may, under certain circumstances, be taken into consideration in forensic investigations.

What to consider and when? At the time of acquisition to understand if the painting is in good, fair or bad condition. The initial examination may also identify conditions or materials that will require specialized care when the item is in storage. During storage, as it depends a lot on the environment where the object is kept. Therefore, regular inspections are essential to verify the state of conservation and, if necessary, to undertake safeguard measures. Before an exhibition,  to formulate in the document the conditions existing before its handling. During the exhibition, the paintings must be constantly viewed and in case of modification of the conditions, the same must be correctly noted. Before and after of the loan trip to check any modifications or damages reported. In this case, the nature of the damage, the cause, the time and place of the accident must be indicated. Before a conservation or restoration intervention, a report must always be compiled which clearly illustrates the state, deterioration, damage and, if possible, the cause or causes of the deterioration. Condition reports can be written in descriptive or timely form, or entries can be made based on a predetermined checklist. This information may be kept in an accessible hard copy and in digital format. If a cumulative condition report, maintained during the travel and loan of an artwork, identifies new damage it can be recorded in a short narrative on a form provided by the lending institution. Photographs are an invaluable addition to any condition report. They should be used to document all damages. The basic condition report should include all relevant information about the materials, construction, and condition of the painting. Details of the inscriptions and labels attached to the reverse of the frame, painting and ancillary support must be recorded. As paintings can be very complex, it is customary to focus on one element of its structure at a time. As a result, the baseline condition report is often divided into the following sections: identification of the work (artist or attribution, title, medium, signature and date, if any; dimensions of painting and frame, presence of backboard and glazing, access number, if any; owner or keeper);  Condition of the painting and the frame (this condition summary will tell the reader whether a painting or frame can be handled safely and if urgent treatment is required); Additional information (includes inscriptions and labels on canvas, auxiliary or rigid support); Description of the layer or layers of paint (method of application) followed by details of the conditions; Description of the primary medium (canvas or rigid support such as wood, hardboard, metal) followed by condition details; Description and condition details of an auxiliary support for canvas paintings (Auxiliary mounts provide tension to the primary mount); Frame description and conditionAdvice on handling, exposure and storage, as well as any need for treatment (painting and frame). Finally, date and signature of the examiner.

A dated photographic record of a painting, both on the front and back and in the frame, is crucial to the condition report, especially baseline reports. The principal photographs required in a condition report are taken using normal lighting (e.g., daylight, daylight balanced bulbs, or tungsten bulbs using a filter). General photographs should be taken, as well as details of areas of interest. The photographs must be dated and the name of the photographer must be indicated, specifying the light used to take the photograph. It is therefore necessary to create a purpose-based condition report to document any new or previous damage that will later be repaired. This condition report, together with the treatment proposal and the treatment report, must be kept as part of the condition record of the painting and the stretcher.

From a more strictly legal point of view, when you decide to buy a work of art it is essential to check the accompanying documentation, in order to limit the risks as much as possible. In fact, some works can turn out to be stolen, false or with incorrect attributions, causing the purchasers considerable economic damage and even legal consequences due to the risk of incurring an imprudent purchase or receiving stolen goods which constitute crimes (articles 648 and 712 of the criminal code) . Therefore, it becomes necessary to carry out some careful preventive checks: if the author of the work is selling it, it is necessary to verify that he is actually in business with his own course of study, experience, exhibitions and possibly auctions. If an art gallery is selling, it is necessary to verify its experience, which artists it works with, if it exhibits in exhibitions, while for the purchase of more important works and for the most scrupulous collectors it is preferable to obtain a certificate from the chamber of commerce and examine the related documentation. If a private individual is selling, it is necessary to have as much information as possible on the origin of the work by checking the police archive where the stolen works are catalogued.

Furthermore, it is necessary to verify the existence of the certificate of authenticity which is always the basic and indispensable reference document for every collector. It contains all the information on the work including the photograph, the measurements, the technique and the author's signature. 

And again, with regard to the works of greater economic value, the references of the catalogs and publications must be verified. This information is essential for a verification of the information and for the reliability of the authenticity. Also having information on the previous acquisitions of a work of art will give more information and security for the purchase of the work which is not always accompanied by a real expertise but often it is accompanied only by a certification from the same author. It is therefore essential to verify that these documents are issued by well-known professionals and in this regard also the authenticity and appraisal reports need to be correctly examined, as they do not constitute a decisive element today for safeguarding the correctness of the investment. And in fact, as better specified above, the most important and most relevant works from an economic point of view usually have a "condition report" with all the information concerning the identification and conservation status of the work.

Verifying all this information is not easy and can also be costly from an economic point of view, but it is useful in order to protect the investment for the work of art and for its collector.

comments