Keynote 1: Getting Real: Cultural, Aesthetic and Legal Perspectives on the Meaning of Authenticity of Art Works

36 Pages Posted: 26 Feb 2020

Date Written: March 29, 2012

Abstract

As the market value of art works has soared in recent years, the ability to authenticate art works, properly attribute them to the artist, culture and time period that created them, and discredit fakes and forgeries has taken on an increasingly market-related function. This article argues, however, that the determination of authentic works plays a more important role in assuring the accuracy of the historical and cultural record. To further that goal, the law should be shaped to incentivize accurate determinations of authenticity, which includes extending the time period for claims alleging breach of a warranty of authenticity and placing greater responsibility on art merchants, who have access to greater economic resources to make such determinations and to spread economic losses through the art market.

Keywords: authenticity, authorship, attribution, forgery, artworks

Suggested Citation

Gerstenblith, Patty, Keynote 1: Getting Real: Cultural, Aesthetic and Legal Perspectives on the Meaning of Authenticity of Art Works (March 29, 2012). Columbia Journal of Law & the Arts, Vol. 35, No. 3, p. 321, 2012, Available at SSRN: https://ssrn.com/abstract=2082399

Patty Gerstenblith (Contact Author)

DePaul University College of Law ( email )

25 E. Jackson Blvd
Chicago, IL Cook County 60604
United States
312-362-6175 (Phone)
312-362-5190 (Fax)

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