Originally Posted by
Drew Wiley
Alan - you're missing the point. A photomechanical press reproduction of a painting is not legally an original painting; nor is something based on a paint-by-numbers map filled in with colors in another country by an assembly line of workmen. Even the legal definition of a serigraph (silkscreen) or lithograph has certain stipulations, and technique-inherent quantity limits, different from mechanically mass-produced things like posters, whether they're done cheaply or good. Things go terribly awry otherwise. For example, Dali signed stacks of blank paper even on his deathbed, without even seeing the end result, which was in fact, thousands of ordinary posters of his work, which ended up selling for high prices due to his own signature, but which inevitably proved almost worthless to gullible collectors who thought they were getting a sound investment.
"Investment" is the deceptive hook in the bait. It's what one hears, or at least distinctly implied, walking into a Lik gallery, and what got Kincade into a lot of trouble. If you just happen to like a particular gernre and want it on your walls, and don't mind spending the money, fine. But there are legal limits to what the seller can claim about it before transgressing the boundary of fraud. What finally bagged Kincade was the manner his franchisees became defrauded; but he had been waving a red flag at a bull all along, failing to notice another angry bull was also watching.
There's certainly nothing wrong with the manner Kincade came up with an especially high quality manner of making reproductions, or even offering those in custom colorized fashion to match specific client decor (though it's not to my own taste). Rather, it was when he got highly successful and overextended himself, and like numerous others before, was facing financial collapse to his oversized house of cards, which by then included his own theme-park-like real estate venture, that he finally overstepped the line conspicuously enough to get into real trouble. But he had been flirting with that fate for quite awhile, as if almost teasing authorities.
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