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The custodians of Andy Warhol’s estate have been accused of deliber- ately driving up the value of the Pop artist’s work by limiting the supply of Warhols on the market.
The Andy Warhol Art Authentication Board is being sued in New York for allegedly denying the authenticity of “as many works as possible so as to induce artificial scarcity in the market for Warhol works”.
The aim, the lawsuit claims, was to maintain and increase the value over the past 20 years of the foundation’s substantial holdings of Warhol’s work.
Warhol’s famous images have been powering the art market boom, with Green Car Crash selling for an artist’s record of $71.7 million (£35 million) at Christie’s in New York in May. The class action lawsuit was brought by Joe Simon-Whelan, an American film-maker who lives in London. He is seeking $20 million in damages.
He owns a silkscreen similar to a Warhol self-portrait used on a US postage stamp. He has dubbed the silkscreen “Double Denied” because its authenticity has twice been denied by the Andy Warhol Foundation for the Visual Arts.
Mr Simon-Whelan accuses the foundation, created after the artist’s death in 1987, of engaging in a “20-year scheme of fraud, collusion and manipulation” to drive up the price of its own Warhols. The Warhol foundation has said that it could not comment because it had not yet been served with legal papers. But Vincent Fremont, the exclusive sales agent of the Warhol estate, rejected the charges as “shocking nonsense”.
Mr Simon-Whelan brought his silkscreen from an art dealer in 1989 for $195,000. According to the lawsuit, the picture had been authenticated years earlier by Mr Fremont and Fred Hughes, executor of the Warhol estate, who wrote on its lower left edge: “I certify that this is an original painting by Andy Warhol completed by him in 1964.”
Mr Simon-Whelan tried to sell the silkscreen in 2001 for $2 million. He submitted it to the board but the picture came back with “denied” stamped in red ink on the back, which bled through the canvas.
Mr Simon-Whelan resubmitted it in 2003 but was refused, despite letters of support from Paul Morrissey, Warhol’s friend and film-maker, and Billy Name, the chief photographer at Warhol’s Factory, and a transcript of Warhol reminiscing about making the piece. The authentification board said some background features were printed, not handpainted, and the “density of the half-tone” had flaws.

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I am thelucky owner for over 10 years of a magnificent painting by Pietro Psaier. It is Norma Jean with a Chanel bottle and is dated 1980. From the moment I saw it I could not believe the beauty and talent of the artist., I am thrilled to see recognition finally.
Ellie, NYC, NY
I think you're right Jacqueline, Pietro Psaier was by far the best artist yet his art makes nothing campared to Warhol's. At John Nicholson's last auction Psaiers were going for as little as £100! I can't wait for their next auction on 27th September.
Sarah, Midhurst, Sussex
The Factory produced hundreds of artworks. Collaborating with Warhol on those works were Pietro Psaier and Rupert Jasen Smith. Jasen Smith was a talented artist in his own right and known as Warhol's printer. However, Pietro Psaier was and is recognised as the superior artist of the three (Warhol used a light box and tracing). Warhol became the leading star iof the trio in what was the world of PopArt through his acute sense of commercialism. The three collaborated on many of the works that were sold in the name of Warhol. Is this where the confusion as to the authenticity of Simon-Whelan's work has arisen? The Warhol Foundation is very wary of what is a growing movement to recognise Psaier and Jasen Smith's role in the The Factory's output and as artist's in their own right. Psaier's death in the 2004 Tsunami has seen a drive for recognition which is being reflected in auction houses where fierce competition for his works has seen a sharp increase in prices.
Jacqueline Chapman, Haslemere, Surrey
I hope to see someone buy Mr. Simon-Whalen painting with the red ink soaking through for 72 million
Erin Tengquist, santa barbara, usa
This certainly sounds like shocking market manipulation. I wish Mr Simon-Whelan every success in his pursuit of fairness and integrity.
Sally, NY, NYC
Since the price of Warhol paintings is inherently artificial, I canât see how this can make much difference.
Henry Percy, London, UK
What is happening about Pietro Psaier, his work seems to be in many auction houses. Thank you Paul Sullivan
paul sullivan, london, uk