To regulate or not…
The apparent failure of a prominent gallery in New York this week (NYT, NYO, Bloomberg) is causing ripples within the international Art community. Whether the truth is about weaknesses in financial management (as suggested by Salander’s lawyer) or something more sinister is beside the point. Many are now asking whether, with the growing number and size of transactions, a more formal, and compulsory, oversight system is necessary for the Art world to protect individual buyers and sellers.
At various times on this site we have discussed the relative lack of transparency of the Art market and talked about some of the mechanisms that exist in other markets. For example financial institutions that take deposits and make loans are required, in most countries, to keep a minimum reserve in hard cash to allow for problems. In quoted markets for publicly traded assets, whether company shares, pork bellies or barrels of oil, every transaction must appear on a public register and be open to all bidders. No transactions are allowed to take place that do not appear on the register/exchange. In addition any market maker or analyst must declare any interest they have in assets being sold by them or through entities associated with them. None of this, of course, happens in the Art world. But all of it could.
What do you think? Do we need some of these rules? Has the Art market now reached the stage that it NEEDS regulating to protect individual buyers and sellers? Or should we continue to rely on members of the community outing their peers before things go bad? Are there less cumbersome alternatives that could be put in place? I once suggested a public register for all transactions of works by major artists. The register would be a standard for the industry. Galleries and Artists could choose to be on the register or not. If on, ALL works traded must be listed, with the date and verifiable transaction price. If not, they don’t appear on the register at all. Ultimately all quality artists and galleries would probably opt to be visible; because anything not on the register would be considered a “lower grade investment”. Views?