The Damien Hirst shark, purchased by American billionaires and preserved in formaldehyde, dated to the 1990s, although it was not made until 2017.
A 4-metre (13 ft) tiger shark, split into three pieces, is the centerpiece of the luxury bar at the Palms casino resort in Las Vegas. It first appeared in the casino six years ago with the title: Unknown (Discovered, Explained, Exploded), 1999.
However, an investigation by the Guardian revealed that the work was painted in 2017, almost two decades after the date publicly attributed to the work. The statue was purchased by billionaire brothers Lorenzo Fertitta and Frank Fertitta III, amid claims that it cost approximately $8 million.
Relating to: Damien Hirst’s formaldehyde animal works dating to the 1990s were made in 2017
The giant shark is Hirst’s fourth known formaldehyde sculpture, which dates back to the 1990s but was created in 2017. The other three, made of a pigeon, a small shark and two calves, have been exhibited in galleries in Hong Kong, New York, Oxford and London in recent years, with dates dating back to the 1990s.
The contemporary art world was shaken this week when it was revealed that some of Hirst’s formaldehyde works were given dates that did not match the dates on which they were physically made.
“Cases like this do not help dispel doubts about the lack of transparency in the art world,” said Jo Baring, former director of the UK auction house Christie’s. “Hirst is an artist with a lot of power; It is in high demand by museums that want to increase ticket sales and also by collectors who want to touch some stardust. But that power means people are afraid to challenge or ask questions.”
Hirst did not directly respond to questions about his tiger shark piece The Unknown. Sources familiar with the construction of the statue said that it was built in 2017 in preparation for its placement in the hotel.
When it was first unveiled to great fanfare in 2018, the never-before-seen tiger shark was described by the casino as a piece from the 1990s. Usually, the date “1999” was included in the title of the work given by the artist and was also included in the promotional materials.
It is widely understood that the dates assigned to works of art refer to the year in which they were completed. However, Hirst’s company, Science Ltd, said in response to the Guardian’s questions that the date assigned to the artist’s formaldehyde works was not representative of the date they were made.
“The Formaldehyde works are conceptual works of art and the date Damien Hirst assigns them is the concept date of the work,” the company said. “When asked over the years what is important in conceptual art, he has been clear; “It is not the physical construction of the object or the renovation of its parts, but rather the intention and idea behind the work of art.”
Hirst’s lawyers later explained that using the date of birth in the title was the artist’s “usual approach” to formaldehyde works, but that he sometimes used the date the sculptures were made. “The dating of works of art, especially conceptual works of art, is not controlled by any industry standards,” they said, adding: “Artists have the right to be (and often are) inconsistent in the dating of their works.”
But this approach seems to contradict prevailing norms in the art world. Jon Sharples, a respected art and intellectual property lawyer, said Hirst’s works were bought and sold in a market that took provenance and provenance extremely seriously.
“When there’s only one date mentioned in the title of a work of art, that’s convention, and I think most people take that to mean that was the first time it was physically done that year,” he said. In this regard, he advises dealers and artists to “err on the side of transparency” when it comes to dating their works.
Baring, director of the Ingram Collection of Modern British and Contemporary Art, also accepted the congress. “An absolute best practice is to give the physical creation date of a work, or both dates if there is a major difference between design and creation,” he said.
It is not known what information the Fertitta brothers received regarding the origin of the shark statue when they purchased it. The brothers, who sold their mixed martial arts promotion company Ultimate Fighting Championship for $4 billion in 2016, declined to comment. So was the Palms resort, which is now in the hands of different owners.
Palms’ then-chief executive implied in a 2018 interview with the LA Times that the brothers had paid a similar amount for the shark to what US hedge fund billionaire Steve Cohen paid for a similar tiger shark in 2004. This piece costs The Physical Impossibility of Death in the Mind of a Living Person (1991), a slightly larger tiger shark. However, this reportedly cost Cohen between $8 million and $12 million.
Whatever the Fertitta brothers paid for the Hirst shark, it only added to the already significant collection of the artist’s work they had been building over the years. After purchasing the Palms casino and hotel in 2016, they began filling it with contemporary art by Hirst and others. The hotel still has a luxury suite designed by Hirst that costs $75,000 per night.
But the biggest triumph of the Palms complex’s $620 million renovation was the shark. It was brought under cover of darkness and placed secretly, and the unveiling of the statue in May 2018 attracted the attention of the US press.
The Palms casino announced the work’s official name and the date “1999” in press materials distributed to news media and magazines. The same date was used in licensed photographs of the statue and in sponsored content paid for by the casino, describing the work as “an important work from the artist’s Natural History series.”
The Fertitta brothers sold the Palms casino to the San Manuel Band of Mission Indians in December 2021. A source at the resort said the shark statue will be on loan to the venue until at least 2025.
Hirst has rarely made public statements about the study, but has occasionally posted about it on his Instagram account. For example, he did this in May 2018, shortly after the shark was deployed and just a few months after it was known to have been done in his workshop in Dudbridge, Gloucestershire.
“I’ve known Frank and Lorenzo for years, so I thought it sounded great when they asked me if they could put my ‘Unknown (Discovered, Revealed, Exploded)’ shark sculpture from their collection in the @palms bar.” He wrote.
In a more recent Instagram post from September 2022, Hirst posted three photos of himself adorned with gold jewelry in front of the then-five-year-old statue. He winks in one of them.
“If you’re near Vegas, stop by my unknown bar at @palms casino and grab a drink!” He wrote. “Thanks to everyone at Palms for making my art look so beautiful!!”
Additional reporting by Dan Hernandez in Las Vegas