The Portland Metro Photographic News

a Commentary by Tom Hubbard

If you're selling fine art photography, then a Certificate of Authenticity (CoA) is already an important part of your business life.  If you're a photographer who is just entering the fine art photography market, then a Certificate of Authenticity is a topic you need to understand and carefully consider as a critical component of each print sale.

A Certificate of Authenticity is the supporting documentation that accompanies every fine art print.  It lays bare the technical, shooting and publication details about the print being purchased.  The overriding rule regarding Certificates of Authenticity is transparency.

1. Let's consider the legal side of Certificates of Authenticity first.

Laws regarding Certificates of Authenticity for works of art vary by state, but according to our resident attorney, Scott Nielson, "neither Oregon nor Washington have particular laws or court decisions regarding such things.  Both states, by default, have deferred to federal law and the Federal Trade Commission on the issue.  The latest court decision in this area was the 9th Circuit Court of Appeals (which serves as a source of very important persuasive decisions for the west coast state courts), which quoted as follows:

"Section 5 of the FTC Act prohibits 'unfair or deceptive acts or practices in or affecting commerce.' 15 U.S.C. § 45(a).  Deception is found 'if there is a representation, omission or practice that is likely to mislead the consumer acting reasonably in the circumstances.'"  F.T.C. v. Magui Publishers, Inc., 1993.

The case concerned forged Certificates of Authenticity for Dali etchings and lithos, issued by a California art dealer.  The FTC went after the defendants for violation of federal law, and the federal courts upheld the FTC action.  $1.96 million in damages and restitution were ordered to be paid - makes any lawyer pay attention!"

Again, play it safe and check your state's CoA laws.  Some states, like New York, have very specific requirements for this document.

2. Then there's the documentation side of Certificates of Authenticity.

A Certificate of Authenticity verifies that you are the originator of the photography and specifies the processes used to produce the final print.  Claiming a print is "archival" or "museum quality" is common.  However, supporting this claim with processing documentation in a CoA can be used now, or in the future, to verify a print's projected life expectancy and elevates the statement above pure marketing hype.

It's all about transparency -- being completely honest with the prospective buyer to allow him/her to make an informed decision.  Remember, a CoA travels with a print throughout its life.  It is ever present to represent the photographer, the work and its technical credibility.

3.  Finally, there is most certainly a "value added" component to a Certificate of Authenticity.

A fine art photography print without a Certificate of Authenticity is a hard (if not impossible) sell and decreases the value of the print.  Much like the Car Fax seen advertised on TV as a necessary document for determining the condition of a used car, the CoA that accompanies a fine art print serves a similar purpose.  Or, like having a formal home inspection before closing a sale confirms the home's current condition and that it has been fairly represented, the CoA provides a legal zone of comfort for the print collector and his/her investment.

The mere inclusion of a Certificate of Authenticity lends credibility to the print and increases its perceived worth.

What should be included in a Certificate of Authenticity?

There is no concrete formula for a first-rate, legally-compliant Certificate of Authenticity.  But, a consensus opinion can be assembled from the advice and experience of several photographic authorities.

Scott Nielson looks at the minimum legal requirements:

"The few area lawyers who deal in artists' law (me included) will tell you that a Certificate of Authenticity for an art piece (including images) isn't worth anything unless the following basic information is included:

1. Name of the person authenticating the work
2. Address and contact info (email, telephone number, etc.) of this person
3. Relationship of this person to the original artist
4. Date
5. Basic information about the work to distinguish this work from others.  If an original, say so.  If a copy, say so and who made the copy and how many copies exist otherwise.  If a numbered series (like litho issuances), same info - "Number x of y."  If a copy or litho is signed by the original artist, say so.

The basic idea is that a Certificate of Authenticity should include enough information to show a potential buyer proof that the Certificate means what it says.  If you, as a buyer, can't get a Certificate of Authenticity with this info, don't walk away - run away, with your money in your pocket!  It still can be forged (as in the case above), so buyer beware!  Don't take anything on face value, but investigate closely.  From an artist's viewpoint, make your Certificate of Authenticity credible:  Include the information I listed and don't hide anything from a buyer.  If anything, your truthfulness will make your work more valuable."

Noted fine art photographer, author and Editor of the Imaging Buffet, Andrew Darlow, provides some additional thoughts from a photographer's perspective:

"First, there are some states that have specific laws governing limited editions, so it is important to adhere to those laws.

I believe it is important to note whether there are a few additional prints of the image out in the world (even if it is an estimate), and I would include their approx. size, type of paper used and whether they are signed. That is very common when an artist is developing a career.

I believe it is important to let the collector know in what other ways the image may be used, such as for open edition poster prints (signed or unsigned), stock photography, another edition at a specific size (I would be specific about the edition size(s) and dimensions, as well as whether they will be signed and numbered).

Also, if you are creating a consecutively numbered edition (not printing all of the prints at once) I recommend using a consecutively numbered approach, Print 1, Print 2, etc., instead of the more common 1/50, etc. If you do use 1/50, I think that it can be confusing because most collectors will assume that at least 50 similar prints exist, but you can describe exactly what that means if you did not print 50 prints of that image.

Fundamentally, the key is to let people know where else they might find the same image because scarcity is important to some collectors and as long as you are open and honest, you should not have problems."

Sample Certificate of Authenticity

Based on current recommendations, the illustration below provides the necessary components as well as an example of the formatting typical in a credible Certificate of Authenticity.  This particular example is an updated version of a CoA used by Fine Art Photographer and author David Saffir.

A larger, printable version of this sample CoA is available for download in the Member Section of PMPN.  As with any sample Certificate of Authenticity, be sure your final document conforms to your state laws and regulations.

Of course, a fine art print can be sold without a Certificate of Authenticity.  But without this verification and assurance from the original photographer, a photographic work of art is not nearly as valuable to a collector.  (How many times has this very point been driven home on PBS's Antiques Road Show?)  As Scott has warned earlier, collectors and their advisors will likely run away if no CoA is available.

For the sake of your art, to safeguard its worth in your estate and to provide total honesty to your collector,  regard a Certificate of Authenticity as an integral and necessary part of your print sale.