A Damien Hirst shark preserved in formaldehyde purchased by an American billionaire dates from the 1990s, although it was not produced until 2017.
The 4-meter (13-foot) tiger shark, dissected into three parts, is the centerpiece of the lounge bar at the Palms Casino Resort in Las Vegas. It first appeared in Casino six years ago under the title: Unknown (Exploration, Explanation, Explosion), 1999.
However, an investigation by The Guardian confirmed that the work was created in 2017, nearly two decades after it was made public. The sculpture was bought by billionaire brothers Lorenzo Fertitta and Frank Fertitta III, and is said to have sold for about $8 million.
The giant shark is Hirst’s fourth formaldehyde sculpture and is currently known to have been made in 2017, although it dates back to the 1990s. Three other pieces, made from a dove, a baby shark and two calves, have been shown in galleries in Hong Kong, New York, Oxford and London in recent years and date from the 1990s.
The contemporary art world was shocked this week by the news that the dates on some of Hirst’s formaldehyde works did not match the actual production dates.
“Cases like this do nothing to ease concerns about a lack of transparency in the art world,” said Joe Ballin, former director of the British auction house Christie’s. “Hirst was an artist with so much power who was deeply affected by his desire to boost ticket sales.” Popular with museums selling them and collectors who want to own a bit of stardust. But that power means people are afraid to challenge or ask questions.”
When asked about Tiger Shark’s work “Unknown,” Hirst did not answer the question directly. Sources familiar with the sculpture’s creation said it was produced in 2017 in preparation for installation in the hotel.
When it debuted to much fanfare in 2018, the never-before-seen tiger shark was described by the casino as a piece from the 1990s. The “1999” date is included in the title of the work (usually provided by the artist) and included in promotional materials.
It is generally accepted that the dates of artworks refer to the year they were completed. However, in response to questions from the Guardian, Hirst’s company Science Ltd said the date assigned by the artist to the formaldehyde work did not represent the date the work was made.
“Formaldehyde works are conceptual artworks and the dates Damien Hirst assigns to them are those of when the works were conceived,” the company said. “Over the years, when asked what is important in conceptual art, he has been Be clear; it is not the physical making of the object or the updating of its parts, but the intention and idea behind the artwork.”
Hirst’s lawyers later clarified that while using the date of conception in the title was the artist’s “customary approach” to formaldehyde works, he also sometimes used the date a sculpture was made. “The dating of artworks, especially conceptual artworks, is not governed by any industry standards,” they said. “Artists have every right (and often do) to be inconsistent in the dating of their works,” they added.
However, this approach seems at odds with prevailing norms in the art world. Jon Sharples, a respected art and intellectual property lawyer, said Hirst’s works are bought and sold in a market that places a premium on origin and provenance.
“When there is only a date mentioned in the title of an artwork, the convention is that I think most people will assume that means it was first actually produced in that year,” he said. In such cases, he advises sellers and artists to “err on the side of transparency” when dating works.
Baring, director of the Ingram Collection of Modern British and Contemporary Art, agrees. “There’s definitely a best practice, which is to give the actual date of creation of the work, or both dates if there’s a big difference between conception and creation,” she said.
It is unclear what information the Fertitta brothers received about the origins of the shark sculpture when they purchased it. The brothers, who sold the Ultimate Fighting Championship to MMA Promotions in 2016 for $4 billion, declined to comment. The same goes for the Palms Resort, now under different owners.
In 2018, the then-Palms general manager suggested in an interview with the Los Angeles Times that the brothers paid a similar amount for the shark as U.S. hedge fund billionaire Steve Cohen paid for a similar tiger shark in 2004. That piece, The Physical Impossibility of Death in the Mind of the Living (1991), cost a slightly larger tiger shark. Yet it reportedly cost Cohen between $8 million and $12 million.
Whatever the Fertitta brothers paid for the Hearst Shark, it added to the rich collection of the artist’s work they had amassed over the years. After purchasing the Palms Casino and Hotel in 2016, they began filling it with contemporary art from Hirst and others. The hotel still has luxury suites designed by Hearst, which cost $75,000 a night.
But the shark is the crowning glory of their $620 million renovation of the Palms complex. It was installed secretly under cover of darkness, and the sculpture’s unveiling in May 2018 attracted US media attention.
In press materials distributed to news outlets and magazines, Palms Casino announced the title’s official title and its “1999” date. The same date is used in licensed photos of the sculpture and in sponsored content paid for by the casino, which describes the work as “an important work in 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 sculpture will be leased to the venue until at least 2025.
Hirst has rarely commented publicly on the work, although he has occasionally posted about it on his Instagram account. He did so in May 2018, for example, shortly after the shark was installed and just months after it is now known to have been made at his studio in Dudbridge, Gloucestershire.
“I’ve known Frank and Lorenzo for years, so when they asked me if they could put my shark sculpture from their collection – ‘Unknown (Explore, Interpret, Explode)’ – in the @palms bar, I Think it sounds great,” he wrote.
In his most recent Instagram post in September 2022, Hirst posted three photos of himself wearing gold jewelry posing in front of the sculpture, which was then five years old. In one, he’s winking.
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“If you’re ever near Vegas, come have a drink at my unknown bar at @palms casino!” he wrote. “Thank you to everyone at The Palms for making my art look so great!”
Additional reporting by Dan Hernandez in Las Vegas
