The NFT of a drawing by Jean-Michel Basquiat has been withdrawn from auction after the artist’s estate spoke out against the sale.
On Monday, Basquiat's Free Comb with Pagoda, a mixed-media work on paper from 1986, was put up for auction on OpenSea, an online marketplace for NFTs (non-fungible tokens), sponsored by a firm called Daystrom.
Bidding was set to start at one Ethereum, or about $2,500. The winning bid would have given the buyer access to a token of the work, as well as its IP and copyright.
There was another detail about the sale that raised eyebrows – the buyer would then have the option to “deconstruct”, or destroy, the physical work after purchase, with only the NFT remaining.
On Wednesday, however, the work was withdrawn from the sale after Basquiat's estate stated the seller does not own the license or rights to the work. Speaking to The Art Newspaper, David Stark, the licensing agent of Basquiat's archive, said: "The estate of Jean-Michel Basquiat owns the copyright in the artwork referenced. No license or rights were conveyed to the seller and the NFT has subsequently been removed from sale."
The estate did not state whether it considers the drawing to be authentic or fake. It was bought in 2015 by an unknown collector. Daystrom claims the work was authenticated by the artist’s estate in 2002. “The original is framed with the authentication on the reverse and is signed 'Lenny' in the lower right corner – a common Basquiat pen-name. There is absolutely zero doubt about authenticity and ownership of the work,” the firm said.
The controversy highlights issues with NFT art, particularly when it comes to copyright and ownership. The buyer for the Basquiat would have been given a "certificate of copyright" to the work, and also have been granted the reproduction rights to the image.
Potential buyers would need to be cautious with the NFT art for sale, ensuring that the artist is the true creator of the work or agreed to the creation of the NFT. In addition, the “ownership” of the NFT is linked to the existence of the certificate on the particular platform on which it is sold. However, the question of what happens when the platform is no longer in operation and the link becomes broken remains unanswered.
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The smuggler
Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple.
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.
Khouli conviction
Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.
For sale
A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.
- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico
- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000
- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950
Where to submit a sample
Volunteers of all ages can submit DNA samples at centres across Abu Dhabi, including: Abu Dhabi National Exhibition Centre (Adnec), Biogenix Labs in Masdar City, NMC Royal Hospital in Khalifa City, NMC Royal Medical Centre, Abu Dhabi, NMC Royal Women's Hospital, Bareen International Hospital, Al Towayya in Al Ain, NMC Specialty Hospital, Al Ain
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Generation Start-up: Awok company profile
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Killing of Qassem Suleimani
