Art Law: Navigating Authenticity in the Context of Purchase and Sale Transactions

This program, presented by art law attorneys Paul Cossu, Megan Noh, and Chris Robinson, will discuss common legal scenarios encountered when navigating issues of authenticity in the context of purchase and sale transactions.

They will provide an overview of the various contractual and statutory provisions underlying purchase/sale transactions, such as what warranty (if any) a seller provides, what a consignor is representing to a secondary market seller, and what a buyer's obligations are in regard to timing for bringing an authenticity issue to the seller's attention. They will also discuss the various meanings of authenticity in the marketplace and where they arise, including the relevance of factors such as a work's age, medium, provenance, rarity, value, and the role of expertise/connoisseurship versus scientific examination. Finally, the program will cover how authenticity disputes are resolved from a litigation standpoint, and will include a review of relevant cases.

Learning Objectives:

1. Gain an overview of the contractual and statutory provisions underlying purchase and sale transactions in the art world
2. Define authenticity in the marketplace, and explore possible conditions under which these issues might arise
3. Comprehend how to successfully litigate authenticity disputes, and become familiar with relevant cases
4. Review what different claims can be brought when litigating authenticity disputes, what the procedural hurdles and burdens are, and what alternative dispute resolution methods are available