Art Law Report

New Authentication Lawsuit Filed Against Agnes Martin Catalogue Raisonné

Posted by Nicholas O'Donnell on October 21, 2016 at 11:45 AM
For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear of litigation, even in which they eventually prevail.  A new lawsuit against the Agnes Martin Authentication Committee underscores the importance of a pending bill in New York to shield such authenticators from liability, and the problems inherent in the status quo.  This lawsuit appears likely headed for failure just like every other similar authentication lawsuit, but that will come as cold comfort to the defendants years hence.
Read More

Topics: authentication, catalogue raisonné, Alexander Calder, Keith Haring Foundation, New York City Bar Association, connoisseurship, Andy Warhol Foundation for the Visual Arts, Mayor Gallery Ltd, Agnes Martin, Peter Doig

Making Sense of the Peter Doig Trial and the Authentication Fallout

Posted by Nicholas O'Donnell on August 25, 2016 at 11:36 AM

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former corrections officer from Canada of falsely denying authorship of a painting in the plaintiff's possession, such that (according to the plaintiff), the painting lost all value.  The case was, and still is, a real problem for artists for many reasons.  Among them is that in a world of fakes and forgeries, a living artist could find him or herself the target of a shakedown.  It also spotlights yet another gap in the kind of rights that the Visual Artists Rights Act (VARA) was perhaps intended to protect.  Given the vehemence of the opinion finding in Doig's favor, do not be surprised to see a motion for attorney's fees by Doig arguing that the case was brought in bad faith.

Read More

Topics: authentication, Peter Doig, peter Bartlow, Robert Fletcher

About the Blog


The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities.

Meet the Editor

Learn more about our Art & Museum Law practice

Subscribe to Blog

Recent Posts

Posts by Topic

see all