Doubtful Origin

Part of Fondation Constant's mission is to protect the legacy of Constant Nieuwenhuys. The foundation is usually informed when works on the market are thought to be a copy, false or misattributed to Constant. Each situation has different implications.

  • First situation: Infringement on copyrights - an existing work of art is copied by someone, who, without prior permission of the copyright holder/Pictoright, reproduces the work and/or makes the work available to the public-with the artist’s name or his own name. This is considered a breach of or infringement on copyright and will therefore be handled by the organisation that handles the artist’s Intellectual Property rights.
  • Second situation: Misattribution - a work is mistakenly attributed to the artist. Even though there might not have been the intention to deceive, these works must be unveiled to avoid the illusion for owners or potential buyers that the work represents a certain value as if it were an authentic work from the artist.
  • Third situation: Forgery - a work of art is created with a deliberate intent to deceive. These works are usually presented falsely as a product of another time and/or artist. This could concern copies of existing works of the artist (falsification) or newly created works in the style of the artist as a consequence of which the work can be misattributed to the artist. Both situations are considered a forgery and a criminal act and will therefore be handled by the justice department and Pictoright.

The negative effects of these dealings have an impact both on individuals involved, the value of the works of the artist, and on the art market in general. Fondation Constant is supportive in the fight against these activities. We have close ties to both Pictoright, the Dutch Criminal Investigation Department for Art Related Crime and parties such as the Art Loss Register, who are all dedicated to eradicating  criminal activities from the art market.

On this page we will post information on the doubtful art works we encounter and where we have encountered them. To avoid law suits we will refrain from mentioning the specific parties involved.

NB: Fondation Constant does NOT give out certificates of authentication. When a work adheres to our guidelines for authenticity we will add it to out digital catalogue raisonné.

Tips when buying art

  • Ask for documentation on the work of art. Original works usually are obtainted through offical channels and come with invoices, catalogue/exhibition listings and are mentioned in art books.
  • Ask for a provenance. Original works are usually easily traced back to their source, this list of previous owners is called a provenance. Original works of art come with a provenance.
  • Do a background check on the seller. Is the seller a well respected art gallery that is well known for selling the art of this artist?
  • Do a google search on the prices. If the selling price seems too good to be true compared to works you find at the well renowned galleries, it probably is. However, above a certain price level most galleries do not make their prices public.
  • If a work is sold as assigned to... instead of by... it usually means there is reasonable doubt about the work's origin.
  • If buying online, check the Terms and Conditions of the online resellerThey might already indicate that they are not responsible of the authenticity of the works they offer!

These are some rules of thumb that should give you an indication of a works authenticity. If after this checklist, you still are unable to reach a conclusion, you can contact Fondation Constant for an assessment. Go to Assessment, for more information.

Fondation Constant is a not for profit organisation and your donations are always welcome and ever necessary: paypal.me/FondationConstantNL

Fondation Constant cannot be held responsible and/or liable for any damages, costs, expenses, loss or grievances incurred by publication or the use of the content published with regard to "Copyright Infringement, Misattribution and Forgery" on this website.
Fondation Constant will only publish information on such works if, after expert research with regard to the work, the case etc, Fondation Constant is of the opinion that such work is not authorised or authentic. However, these publications are to be considered the opinion of Fondation Constant only. Fondation Constant does not accept any liability for damages, costs, losses etc. arising from such publication.

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Paarden met maan

1948
Watercolour
Forgery
CID: 7927

Forgery. Watercolour, signed and dated bottom left in pencil. We have no reasons to believe this work was made by Constant (1920-2005). The work was offered to an online auction house in the Netherlands, which consequently withdrew the work after authentication.

Portret van Constant

1980
Watercolour
Misattribution
CID: 7636

Misattribution. Gouache, signed both Karel and Constant, year unknown. Found in the estate (including a suitcase with drawing pads and pencils) of former policy officer at the Technical University of Twenthe and painter Karel Levisson (1917-1999). We assume this was a portrait by Karel (hence his signature, bottom left) of a man called Constant (bottom right), not Constant Nieuwenhuys (1920-2005).

Schets naar "Lijn zonder einde"

1962
Drawing
Forgery
CID: 7614

Forgery. Drawing, signed bottom right. We have no reasons to believe this work was made by Constant (1920-2005). The work was offered on auction several times in the 1990's and Constant had noted in the auction catalog that the drawing was fake.

No title/Satellite

1962
Drawing
Forgery
CID: 7611

Forgery. Drawing, signed bottom right, Circa 1962. We have no reasons to believe this work was made by Constant (1920-2005). The work was offered on auction several times in the 1990's and Constant had noted in the auction catalog that the drawing was fake.

Copy of Femme et enfant

1997
Watercolour
Copyright Infringement
CID: 7438

Copyright Infringement. Watercolour, signed and dated bottom left. A bad copy of the watercolor Femme et enfant from 1997 surfaced on an online auction in the Netherlands. We have no reasons to believe this work was made by Constant (1920-2005). The auctionhouse will be notified.

No title/Three Figure with Bird

1949
Oil painting
Forgery
CID: 7430

Forgery. Oil painting, signed and dated top left. We have no reasons to believe this work was made by Constant (1920-2005). The work was offered on Marktplaats in the Netherlands. We have no idea of the whereabouts of the work.

No Title/Vegetation

1980
Watercolour
Forgery
CID: 7429

Forgery. Watercolor, no year, signed bottom right. We have no reasons to believe this work was made by Constant (1920-2005). We have no idea of the current whereabouts of this work.

Rendition of Figuren in ruimte

1969
Watercolour
Forgery
CID: 7428

Forgery. Gouache on paper, 1969, signed and dated bottom right. We have no reasons to believe this work was made by Constant (1920-2005). Surfaced during Constant's life and was explicitly rejected by Constant himself as an authentic work from his hand. We have no idea of the current whereabouts of this work.

No Title/Figures

1949
Graphic Work
Copyright Infringement
CID: 7427

Infringement on copyrights. Graphic work, no year (ca 1949). The work was offered by a renowned auction house in Amsterdam. After it was established that the graphic itself may be an original but that the coloring was in fact not done by Constant the auction house took the work back and redeemed the buyer.

No Title/Cameleon

1980
Watercolour
Forgery
CID: 7426

Forgery. Oil paint on paper, no year legible, signed bottom middle left. We have no reasons to believe this work was made by Constant (1920-2005). Was send to us for authentication by a private collector through a renowned Dutch auctionhouse. Our opninion was communicated to the collector. We have no idea of the current whereabouts of this work.

No Title/Two Lizzards

1950
Watercolour
Forgery
CID: 7425

Forgery. Paint on paper, 1950, signed and dated '50 bottom right. We have no reasons to believe this work was made by Constant (1920-2005). Was send to us for authentication by a private collector through a renowned Dutch auctionhouse. Our opninion was communicated to the collector. We have no idea of the current whereabouts of this work.

Yet Another Copy of La belle noiseuse

1987
Watercolour
Forgery
CID: 7424

Copyright Infringement. Watercolor on paper, 1987, signed and dated bottom left. We have no reasons to believe this work was made by Constant (1920-2005). Was send to us for authentication by a renowned Dutch auctionhouse. The collector was informed of our opninion but offered the work on Marktplaats a year later anyway. We have no idea of the current whereabouts of this work.