"For Real?  Legal and Economic Perils of Art Authentication"
Friday, October 28, 2011

Art collectors, museums, auction houses and galleries all enter into transactions with the assumption that the object involved is as represented.  Sometimes, however, in the course of the transaction or even many years later, questions of authenticity arise. In recent years, interesting controversies have arisen surrounding the sale, or the desire to sell, art from artists as varied as Alexander Calder and Andy Warhol to Leonardo da Vinci and Rembrandt.  The details of the cases have made headlines and the controversies are often played out in the press. While advances in science seem to make ever more accurate determinations possible, when it comes to authentication of artworks, scientific analyses are not always dispositive.   In the morning, we will look at scientific, historical and artistic methods professionals use to determine whether a work is genuine and properly attributed.   The afternoon will be devoted to a discussion of the legal issues involved. Is there a duty for an organization to respond definitively to authentication requests?  What credentials, if any, should be required to work in the field? Does the role of foundations and similar organizations raise antitrust issues?  What is the extent of the duty of galleries and auction houses regarding authentication matters and are there reasonable commercial limits to that duty?  We will explore these and other issues during "For Real?  Legal and Economic Perils of Art Authentication".   
 

Schedule

8:30-9:00             Registration and Continental Breakfast

9:00-9:10             Welcome and Introductions

9:10-10:30           Keynote 1:  “Getting Real: Legal and Aesthetic Perspectives on the Value and Meaning of Authenticity in Works of Art”

Professor Patty Gerstenblith, DePaul University School of Law

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                               Keynote 2:  “Keeping it Real: Warranties and Other Aspects of the Law of Authenticity”

John R. Cahill, Lynn Cahill LLP

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[10:30-10:45        Coffee Break]

10:45- 12:30        Panel 1:  The Process of Authentication

Moderator:  Sherri North Cohen, ARIS Insurance Corp.

The Science Behind Authentication

James Martin, Founder, Orion Analytical, LLC

The Connoisseur

Laurence Kanter, Chief Curator and Lionel Goldfrank III Curator of European Art, Yale University Art Gallery

Discerning Provenance

Elizabeth Gorayeb, Specialist, Impressionist and Modern Art, Sotheby’s

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**During Ms. Gorayeb's presentation, demonstrators interrupted several times.  We have edited this video as best we can and apologize for the inconvenience.**

[12:30-1:45       Lunch Break]

1:45-3:30              Panel 2:  The Rights and Responsibilities of Authenticating Art

Moderator:  Pippa Loengard, Kernochan Center for Law, Media and the Arts

At One’s Peril:  The Concerns of the Collector

Richard Altman, Richard Altman P.C.

When An Authentication Is Denied

Steven Reiss, Weil, Gotshal & Manges LLP

An International Perspective:  Differences Abroad

Pierre Valentin, Withers LLP

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 [3:30-3:45           Coffee Break]

3:45-5:30              Current Cases and Issues:  A Roundtable Discussion

Moderator:  Jane Levine, Lecturer-in-Law, Columbia Law School and Director of Worldwide Compliance, Sotheby’s

Participants:                      

Jo Backer Laird, Patterson Belknap Webb & Tyler LLP

Michael Salzman, Hughes Hubbard & Reed LLP

Donn Zaretsky, John Silberman Associates PC