DAY 6 image of men cheating at cards was, they argued, popular subject matter at the time, and
by no means unique to one artist.
F Unsurprisingly, auction houses such as Sotheby's go to great lengths not to misrepresent
what is known about a painting's authorship when their catalogue. A set of phrases are
employed to describe the degree of certainty as to the identity of the artist, such as
'Attributed to Giovanni Bellini
’, which means that the auctioneers consider that the work is
probably by Bellini, but that they cannot be absolutely positive.
‘Circle of Giovanni Bellini’
would indicate that, in the considered opinion of Sotheby's experts, the work in question
was produced by someone closely associated with Bellini, but almost certainly not by
Bellini himself, 'After Giovanni Bellini' would mean that the work is considered to be a copy
of a Bellini painting. In this case, Sotheby's attributed the work being sold by Mr Thwaytes
to a
‘follower’ (and that does not necessarily mean someone who was a pupil) of
Caravaggio.
G The court heard much discussion over the degree of artistic skill shown in the painting.
The judge drew the conclusion that the quality was not up to that of the rest of the artist's
known body of work, and as such ultimately ruled against Mr Thwaytes, who now faces
substantial costs, but who still has the right to appeal, and may yet do so. While
acknowledging many remarkable features of the picture, the judge instinctively felt that
something was not quite right, and that Sotheby's were justified in being reluctant to label
the painting a Caravaggio. She made a comparison with The Cardsharps, which is known
to be a genuine Caravaggio and pointed out how a feather in that picture looked lifelike,
soft and fluffy, whereas the one in the painting in question was far less convincing and
three-dimensional.
H Mr Thwaytes's legal team also put forward the case that changes had been made to the
picture. It can be seen that the artist had repainted a ribbon which hangs from the elbow of
one of the card players, making it shorter than it had been before. This, they argued, would
not have been necessary had someone simply been producing a duplicate from the original
painting. Yet the judge did not accept that this suggested evidence of a creative mind at
work rather than a copyist, or that this repainting should have alerted Sotheby's to any
need to investigate further.
1
attribute = to say or believe that an artwork is the work of a particular person
2
cardsharp = a person who cheats at card games