Art Law Report

Analysis and Views Develop on New York Art Authentication Protection Bill

Posted by Nicholas O'Donnell on June 26, 2014 at 4:34 AM

As we reported back in February, the State Assembly and Senate are considering parallel versions of an amendment to the New York Arts & Cultural Affairs Law that would enhance protections for art authenticators by raising the burden of proof and providing for prevailing-party attorneys’ fees. Our view was, and remains, that the law would be an improvement on the status quo because it would protect the player that often has the least upside in an authentication but who may find herself the target of the disappointed party’s wrath.

With the benefit of a few months’ consideration, discussion about the law has taken shape and some important voices are not so convinced of its effect. In an article for the New York Observer, writer Daniel Grant surveyed several experts and foundations heads (and also me). The pending legislation was introduced by Republican State Senator Betty Little and Democratic Assemblywoman Linda Rosenthal. Little’s bill was approved by committee and is awaiting consideration by the Senate, while Rosenthal’s version is still in committee.

First, it is important to consider how big an impact the law will have (which is separate from whether it is a good idea). Tracy Zwick at Art in America wonders whether the law is already favorable enough to authenticators (who, apart from the costs, have been overwhelmingly successful in defending themselves, but that caveat may fall into the “other than that Mrs. Lincoln, how was the play?” category). As for the bottom link, Zwick quotes Donn Zaretsky summing things up thusly “Authentication is still risky, and the economic stakes are very high."

Topics: Donn Zaretsky, Andy Warhol Foundation, Art in America, Daniel Grant, New York State Assembly, authentication, Tracy Zwick, American Rule, Bill No. A09016, Art Law Day, New York Observer, clear and convincing evidence, Wolfgang Beltracchi, Art Law Committee, Chagall Committee, Appraisers Association of America, Keith Haring Foundation, New York Arts and Cultural Affairs Law, New York City Bar Association, authenticator, M. Knoedler & Co., Chagall, Senate Bill No. S06794

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About the Blog

The Art Law Report provides timely updates and commentary on legal issues in the museum and visual arts communities. It is authored by Nicholas M. O'Donnell, partner in our Art & Museum Law Practice.

The material on this site is for general information only and is not legal advice. No liability is accepted for any loss or damage which may result from reliance on it. Always consult a qualified lawyer about a specific legal problem.

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