One judge in New York has all three cases coming out of the Knoedler mess. The New York Times uses this as an occasion to explore the relationship between art, the law and authenticity. The thing is, courts have limited powers to establish authenticity. The article tries to show this by recapping the famous Duveen case involving a supposed Leonardo:
Legal thinking on questions of authenticity has evolved since. Judges now recognize that while their word is law in the courtroom, in the art world their verdicts can be overturned by a higher authority: the market. “A decision by a court in the United States that a work is authentic may or may not have any value,” said the lawyer Peter R. Stern. “It’s totally up to the market.”
It’s when we get to the market that the chasm grows:
A 2009 opinion also involving a Calder stated the divide between the court and the market more bluntly. At issue were a couple of stage sets that Calder had designed but did not live to see completed. When the owner, Joel Thome, tried to get the Calder Foundation to authenticate the works so he could sell them, it refused. Mr. Thome sued and lost. The Appellate Division of the New York Supreme Court explained its rejection of Mr. Thome’s appeal by referring to “Rio Nero.” The fate of that artwork, Justice David B. Saxe wrote in his opinion, illustrates “the inability of our legal system to provide a definitive determination of authenticity such as is sought by plaintiff.” Having the court declare the sets to be authentic is meaningless, he told Mr. Thome, “because his inability to sell the sets is a function of the marketplace.”
Ruling on Artistic Authenticity: The Market vs. the Law (New York Times)
