
Photo by David Alexander Arnold
One of the “excess of 320 canvases” Malanga says he created for "315 Johns."

Photo by David Alexander Arnold
The reverse of the panel shown on page 68, with the inscription “To Irene.”
November 2008 The Reporter
The outcome of an ongoing
legal battle pitting the
artist
John Chamberlain
against
Gerard Malanga, one
of
Andy Warhol’s principal
assistants, could have an
impact on the reputations of
more than just those big-name
players. At issue is the
authenticity and multimillion-
dollar sale of a work that
may or may not be by Warhol.
In late August, a judge determined
that the suit, initially
filed nearly three years ago,
could move forward to trial.
The subject of the legal
wrangling is the billboard-size
315 Johns—composed of
315 eight-by-eight-inch silkscreens
of Chamberlain’s
head—which Chamberlain,
81, says he sold as a Warhol
to an unidentified collector
in 2000, shortly after the
Andy Warhol Authentication
Board gave it a stamp of
approval. The work is listed,
with a date of 1967, in
volume 2B of the Warhol
catalogue raisonné, which
contains other, undisputed
portraits of Chamberlain.
In the lawsuit, which
Malanga, who worked for
Warhol from 1963 to 1970,
initially filed in December
2005 in Brooklyn Supreme
Court, the 65-year-old poet
and photographer alleges
that 315 Johns was not
Chamberlain’s to sell and
had merely been stored for
years in Chamberlain’s
Tribeca loft by mutual
agreement. Malanga further
asserts that it was not
Warhol but he himself who
created it—in 1971, when he
was no longer working
in Warhol’s studio—together
with two other artists: Irene
Harris and Jim Jacobs,
who was then Chamberlain’s
assistant and who has
corroborated Malanga’s
story. The suit seeks either
the return of the painting or
more than $250,000, as
well as punitive damages of
more than $3 million. Peter
Stern, the New York lawyer
representing Malanga, says
problems with scheduling
depositions and other procedural
matters account for
much of the delay between
the original filing and the
judge’s decision this summer
to green-light the trial.
Malanga’s complaint
also alleges that he and his
helpers “created an excess
of 320 canvases depicting
defendant,” of which,
according to Stern, “we are
aware of the whereabouts of
four.” One of these belongs
to Irene Nolan, a friend of
Malanga’s. For reference
during the case, the lawyer
has borrowed the panel, on
whose back are inscribed the
words “To Irene” followed by
a message obscured by
stretcher bars.
In an affidavit sworn
before the court last March,
Chamberlain disputes all
these claims, asserting that
315 Johns “was conceived
and created by Andy Warhol,
in discussions with [myself]
and Henry Geldzahler, and
was given to me by Andy as
part of an exchange for one
or more of my sculptures.”
Chamberlain is the lone
surviving witness of that
alleged episode, since
Warhol died in 1987 and
Geldzahler, the influential
curator of 20th-century art,
passed away in 1994.
Malanga says he found
out about the sale of 315
Johns in February 2004 at
the Art Dealers Association
of America annual art
show, in New York, where
Chamberlain told him he had
gotten $5 million for the
piece, which he had
presented as a Warhol. Why
Chamberlain, an international
art star, would risk
either hawking an outright
fabrication or claiming to
have done so is unclear, but
one prominent New York
contemporary-art dealer
familiar with the artist’s
brash, rebellious manner and
mercurial personality says
such an action “would be
very Chamberlain.”
Of course, questions
of attribution are not at all
surprising when dealing
with Warhol—an artist who
famously toyed with the
very notion of authenticity
and originality by relying on
mechanical means of
production and the help of
assistants. In another illustration
of the problems
raised by this artistic
process, the filmmaker Joe
Simon-Whalen has brought
suit against the Andy Warhol
Foundation for the Visual
Arts and the authentication
board for refusing to authenticate
a Warhol self-portrait
he owns. He accuses them of
trying to monopolize the
artist’s market and is seeking
$20 million in damages.
It is ironic that Malanga,
who has admitted forging
Warhols in the past, is
now claiming to expose
Chamberlain for passing
off a fake. Some following
the case wonder if he is
actually suing because he
did not get a cut of the deal.