Art crime: the challenges of provenance, law and ethics

Abstract

Authenticating artworks can be difficult in the absence of reliable records. Record artwork prices at auction and sales through galleries incentivises criminal practices by exploiting vulnerabilities intrinsic within the process of provenance records. Consequently, falsifying provenance documents is a common method for legitimising and enabling the sale of stolen or forged art. In this context, and utilising Cohen and Felson's crime triangle concept, an absence of capable guardianship arguably occurs when provenance research is inadequate, facilitating criminal activity. The ability to authenticate an artwork provides a key art crime prevention strategy to constrain illegitimate art from entering legitimate art collections. Using a case study research method, this paper investigates the contemporary conditions in which provenance research is performed. Future directions of provenance research practices are also discussed, including the increased use of databases and the emerging role of blockchain technology.