Back

Film Review: “Driven to Abstraction” (2019) & “Made You Look” (2020)

August 8, 2024

photo for an exhibition

By Tianai Song

The stories about fakes and forgeries circulating in the art market and fooling experts and collectors alike strike our imagination, capturing the public’s fascination with tales of deception, intrigue, and the quest for authenticity. Among the many art scandals that have emerged, the forgery scandal involving the now-defunct Knoedler Gallery stands out for its magnitude and the high-profile nature of its victims. Over its final years of operation, Knoedler Gallery faced numerous lawsuits due to its involvement in selling counterfeit artworks, but it is the case of De Sole v. Knoedler Gallery that remains particularly noteworthy. This case, unlike others, proceeded to trial before ultimately being settled, shedding light on the complexities and challenges of the art market. The drama and legal battles surrounding this case have inspired not one, but two compelling documentaries, Made You Look (2020) and Driven to Abstractions (2019), which delve into the details of the scandal and its impact on the art world.

The Case for Inspiration

The De Sole v. Knoedler Gallery[1] case revolves around Knoedler Gallery, one of New York City’s oldest and most respected art galleries, and Domenico and Eleanore De Sole, the couple who purchased forged Rothko paintings for 8.3 million dollars.[2] Domenico De Sole was the former CEO of Gucci. The case not only captivated the art community but also had far-reaching implications for the art market and legal standards regarding art fraud. In this article, we will review this case through the lens of two different documentaries that report on the case, Driven to Abstraction (2019) directed by Daria Price and Made You Look (2020) directed by Barry Avrich.

Knoedler Gallery was open since 1846, and was in operation for 165 years before it was shut down in 2011, surviving two World Wars, the Great Depression, and 9/11. In 2004, De Sole purchased a Rotho from the Knoedler gallery. The Rothko painting in question is an untitled abstract work attributed to Mark Rothko. Mark Rothko (1903-1970) is a central figure in Abstract Expressionism, a movement that emerged in the United States during the 1940s and 1950s. Rothko’s work is celebrated for its profound impact on modern art, characterized by his signature color field paintings that convey deep emotional resonance through their simplicity and intensity.[3]

Rothko’s paintings are typically characterized by their large fields of color, the best known pieces feature rectangular forms arranged in a vertical format, with colors that seem to float or pulsate.[4] The painting involved in the De Sole v. Knoedler Gallery case has a deep red background, layered with smaller rectangles of hues, one in darker black and the other in lighter red. The composition and color palette reflect Rothko’s style.

The De Soles were introduced by an old friend to Ann Freedman, the director of Knoedler Gallery.[5] According to the De Sole testimony, they were on the market to buy a Sean Cully painting and saw a Rothko at the offices of the Knoedler Gallery at (19 East 70th Street).[6] Freedman orally promised that the gallery knew the seller and acquired the work under the advice of David Herbert. Additionally, Freedman also asserted that multiple artists have examined the work.[7] This alleged Rothko painting, along with numerous other modern masterpieces, came to the Knoedler Gallery via Glafira Rosales, a little-known art dealer based in Long Island. According to the discovery conducted in the Knoedler lawsuit, Rosales provided Freedman with convincing backstories, explaining that the works came from the private collection of a European family who wished to remain anonymous.[8] Trusting Rosales and eager to bring these remarkable pieces to the market, Freedman acquired the paintings for Knoedler Gallery.[9]

Glafira Rosales’s source for the Rothko and other paintings was not a mysterious European family but rather a skilled forger named Pei-Shen Qian. Qian, an artist of Chinese descent, lived in Queens and created remarkably convincing forgeries of modern masterpieces in his studio.[10] Rosales, recognizing Qian’s talent, concocted a scheme to pass off his works as authentic pieces by renowned artists.[11] She fabricated elaborate provenance stories and provided these forged artworks to Knoedler Gallery.[12]

The deception unraveled when doubts about the authenticity of some Knoedler Gallery-sold paintings began to surface. In 2009, a forensic analysis of a purported Jackson Pollock painting sold by Knoedler revealed that the materials used were not available during Pollock’s lifetime.[13] This revelation triggered a broader investigation into other works sold by the gallery. Experts began scrutinizing the provenance and conducting scientific analyses of the paintings.[14] In 2011, the De Soles learned that their prized Rothko was among the suspected forgeries.[15] They initiated legal actions against Knoedler Gallery, Ann Freedman, and Glafira Rosales on September 30, 2013. The scandal of Knoedler selling forgeries rocked the art world, leading to the gallery’s closure in 2011[16] and highlighting the vulnerabilities in the art market to sophisticated forgery schemes. De Sole sought treble damages from the defendants.[17]

One of the issues addressed in De Sole v. Knoedler Gallery, LLC, 139 F. Supp. 3d 618 including whether suing in 2011 was timely given the work was purchased in 2004[18] and whether the statute of limitations have passed. To this, the court ruled that the statutory limitation was not triggered by the time of sale, “because the De Soles ‘had no reason to suspect the authenticity of their painting at the time of purchase.”[19]

On February 7, 2016[20], the De Sole case was settled but the dust following the closure of the gallery in infamy remains in the air. Of the countless art law sagas, few have instigated production of films or writing of books. In the case of the De Sole trial and the Knoedler lawsuits, not one but two documentaries were produced in quick succession.

Driven to Abstraction (2019), 1h24m

Driven to Abstraction, nominated as the Best Documentary for the Raindance Film Festival in 2019, provides an in-depth examination of the Knoedler Gallery art forgery scandal, emphasizing the gallery’s history, the key figures involved, and the broader implications for the art world. Directed by Daria Price, who attended most of the De Sole trial, the film, utilizes a more investigative approach. It focuses on interviews with art experts, journalists, and legal professionals, presenting a meticulous examination of the scandal’s intricacies, including detailed explanations of the forgeries and the processes involved. The introduction of the background story of the master forger is much more thorough in this documentary. The entire film is connected by a series of interviews. The methodical pacing and serious, investigative tone aim to reveal systemic issues in the art market that allowed the forgery to occur, emphasizing the role of greed and the lack of transparency in art transactions. The film reviewed that without the sale of the works, the gallery would need to be shut down and that Anne Freedman was earning 10.4 million dollars in her profit sharing percentage from selling the works.[21] The documentary employs archival footage and uses a formal and structured visual style to complement its investigative approach.

The film highlights the need for rigorous authentication processes and better regulatory oversight. Striving for an objective viewpoint, Driven to Abstraction focuses on systemic issues and factual recounting, maintaining a neutral tone that presents facts and allows viewers to form their own conclusions. The documentary enhances understanding of the structural vulnerabilities in the art market, educates viewers on the complexities of art forgery and fraud, and raises awareness about the need for better regulatory oversight and authentication practices.

Made You Look: A True Story About Fake Art (2020), 1h34m

Directed by Barry Avrich, Made You Look provides a comprehensive narrative of the Knoedler Gallery scandal, with a particular emphasis on the personal stories of the victims and the ensuing legal battles. It incorporates interviews with victims, lawyers, and key figures (notably, De Sole couple and Anne Freedman are all present) involved in the scandal, engaging viewers with a narrative that highlights the personal and emotional aspects of the case. For example, when the De Sole couple is introduced, they talk about their story with purchasing the painting, including the details of their meeting with Anne Freedman, and the emotional distress of Ms. De Sole after seeing the headline from The New York Times, knowing that the Rothko they’ve purchased is possibly a fake.[22]

The storytelling is fast-paced compared to Driven to Abstraction, maintaining a narrative tension that keeps the audience engaged. The tone is dynamic and emotive, focusing on the human stories and dramatic elements of the case. Unlike Driven to Abstraction, Made You Look adopts vivid visuals to illustrate key events and points. Cartoons are applied when it is used to introduce the background and the varied stories of Mr. X, rendering what’s fabricated and nonexistent easier to be imagined. The letters exchanged between key figures are also shown and zoomed in to illustrate the development of the entire event. The film stresses the importance of vigilance and due diligence in art collecting, examining the legal and personal consequences of the scandal for those involved. It may exhibit slight bias towards the victims’ perspectives, as the narrative-driven approach and the presence of key figures lead to a more subjective presentation of events, highlighting the human drama.

Conclusion

Stories of fakes and forgeries provide much food for thought, weaving a complex tapestry of intrigue and deception that continues to enthrall the public and challenge the art world. The persistence of forgeries is a testament to the enduring demand for prestigious artworks and the lengths to which individuals will go to acquire them. As long as there is a market, forgeries will inevitably find their way into circulation, perpetuating a cycle that keeps attorneys, art appraisers, and authenticity experts in high demand. The advent of AI technology has introduced new methods for detecting forgeries, promising advancements in the fight against art fraud. However, the effectiveness and reliability of these technological tools remain to be seen as the art world adapts to these innovations. Amidst the evolving landscape of art authentication and legal battles, one ancient maxim remains as relevant as ever: Caveat Emptor— buyer beware.

Suggested Reading:

For an alternative look on fakes and forgeries, please see our latest program: ABC’s of Art Law: F is for Fakes & Forgeries. To learn more about the De Sole Trial, refer to our Wish You Were Here Articles: Knoelder Trial Cut Short Week 1, Week 2, Week 3. If you are interested in films pertinent with art law, please explore our film archive.

About the Author:

Tianai Song is a JD candidate at Benjamin N. Cardozo School of Law. She obtained her BA from NYU in Philosophy and French, and her MPhil from the University of Cambridge in Film and Screen Studies. She has an interest in intellectual property, art law, and film-related legal issues.

Select Sources:

  1. De Sole v. Knoedler Gallery, LLC, 974 F. Supp. 2d 274 ↑
  2. M.H.Miller. Domenico De Sole, Who Paid $8.3 M. for Fake Rothko, Takes the Stand in Knoedler Trial, ARTNEWS, (Jan.28, 2024) https://www.artnews.com/art-news/artists/domenico-de-sole-who-paid-8-3-m-for-fake-rothko-takes-the-stand-in-knoedler-trial-5733/ ↑
  3. Stella Paul, Abstract Expressionism, THE MET (Oct. 2024), https://www.metmuseum.org/toah/hd/abex/hd_abex.htm ↑
  4. Mark Rothko, NAT’L GALLERY OF ART, https://www.nga.gov/features/mark-rothko.html ↑
  5. Made You Look, at 22:02, Netflix ↑
  6. De Sole v. Knoedler Gallery, LLC, 974 F. Supp. 2d 274, 288 ↑
  7. De Sole v. Knoedler Gallery, LLC, 974 F. Supp. 2d 274, 288-289 ↑
  8. Made You Look, at 38:19 ↑
  9. De Sole v. Knoedler Gallery, LLC, 139 F. Supp. 3d 618, 624 ↑
  10. Made You Look, at 1:02:00 ↑
  11. Sarah Maslin Nir, Patricia Cohen, and William K. Rashbaum, Struggling Immigrant Artist Tied to $80 Million New York Fraud, THE N.Y. TIMES (Aug. 16, 2013) https://www.nytimes.com/2013/08/17/nyregion/struggling-immigrant-artist-tied-to-80-million-new-york-fraud.html ↑
  12. Made You Look, at 1:13:17 ↑
  13. Patricia Cohen, Possible Forging of Modern Art Is Investigated, THE N.Y. TIMES (Dec. 2, 2011)

    https://www.nytimes.com/2011/12/03/arts/design/federal-inquiry-into-possible-forging-of-modernist-art.html ↑

  14. Eileen Kinsella, The Final Knoedler Forgery Lawsuit, Over a $5.5 Million Fake Rothko, Has Been Settled, Closing the Book on a Sordid Drama, ArtNet (Aug. 28, 2019), https://news.artnet.com/art-world/final-knoedler-forgery-lawsuit-settled-1637302 ↑
  15. Made You Look, at 58:44 ↑
  16. Isaac Kaplan & Abigail Cain, A Settlement Has Been Reached In The Knoedler Gallery Lawsuit – Here’s What You Need To Know, ARTSY (Feb. 6th, 2024)

    https://www.artsy.net/article/artsy-editorial-a-settlement-has-been-reached-in-a-25-million-dollar-case-over-a-fake-rothko-here-s-what-you-need-to-know ↑

  17. M. H. Miller, The Big Fake: Behind the Scenes of Knoedler Gallery’s Downfall, ARTnews (Apr. 25, 2016), https://www.artnews.com/art-news/artists/the-big-fake-behind-the-scenes-of-knoedler-gallerys-downfall-6179/ ↑
  18. De Sole v. Knoedler Gallery, LLC, 974 F. Supp. 2d 274, 289 ↑
  19. De Sole v. Knoedler Gallery, LLC, 974 F. Supp. 2d 274, 298 ↑
  20. Center for Art Law Team, WYWH: Knoedler Trial Cut Short (Week 3), Ctr. for Art Law (Feb. 16, 2016)

    https://itsartlaw.org/2016/02/16/wywh-knoedler-trial-cut-short-week-3/ ↑

  21. Driven to Abstraction, at 48:27 ↑
  22. Made You Look, at 58:40 ↑

 

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Related Art Law Articles