The Expert versus the Object Judging Fakes

The authenticity of visual art has always commanded the attention of experts, dealers, collectors, and the art-minded public. Is it "real" or "original" is a way of asking, what am I buying? What do I own? What am I looking at? And today more sophisticated questions are being asked: How is authenticity determined and what weight does this determination have in court? This book of essays proposes to answer these questions.

Ronald D. Spencer is counsel to the New York City law firm of Carter Ledyard & Milburn LLP where he specializes in art law and foundation law. He is expert in the legal aspects of art authentication issues, advises several committees and boards of art authentication experts, and has helped defend legal claims involving decisions on authenticity.

Foreward

ix

EUGENE VICTOR THAW

Introduction

xi

RONALD D. SPENCER

Part I Authentication and Connoisseurship

1 Authenticating the Attribution of Art: Connoisseurship and the Law in the Judging of Forgeries, Copies, and False Attributions

3

(26)

FRANCIS V. O'CONNOR

2 Rembrandt and a Brief History of Connoisseurship

29

(10)

PETER C. SUTTON

3 On Forgeries

39

(6)

MAX J. FRIEDLÄNDER

4 Issues of Authenticity in the Auction House

45

(10)

JOHN L. TANCOCK

5 The Catalogue Raisonné

55

(8)

MICHAEL FINDLAY

6 The Role of the Catalogue Raisonné in the Art Market

63

(10)

PETER KRAUS

7 "The Authentic Will Win Out"

73

(6)

EUGENE V. THAW INTERVIEWED BY RONALD D. SPENCER

8 Attributing Old Master Drawings

79

(10)

NOËL ANNESLEY

9 Signature Identification: From Pen Stroke to Brush Stroke

89

(6)

PATRICIA SIEGEL

10 The International Foundation for Art Research

95

(8)

SHARON FLESCHER

11 Museums and Authenticity Issues

103

(8)

SAMUEL SACHS II INTERVIEWED BY RONALD D. SPENCER

12 Examining the Techniques and Materials of Paintings

111

(14)

AUSTIN S. LEVENSON

13 Preservation and Authenticity in Contemporary Art

125

(10)

RUSTIN S. LEVENSON

Part II Authentication and the Law

14 The Art Expert, the Law, and Real Life

135

(8)

THEODORE E. STEBBINS, JR.

15 The Risk of Legal Liability for Attributions of Visual Art

143

(46)

RONALD D. SPENCER

16 Authentication in Court: Factors Considered and Standards Proposed

189

(28)

RONALD D. SPENCER

17 A Legal Decision in New York Gives Experts Protection for Their Opinions on Authenticity

217

(10)

RONALD D. SPENCER

18 Establishing Authenticity in French Law

227

(8)

VAN KIRK REEVES

Index

235

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The Expert versus the Object Judging Fakes and False Attributions in the Visual Arts

Summary

Author Biography

Table of Contents

Supplemental Materials