New law to protect art historians?

June 30 2015

Picture: Connoisseurs by Honoré Daumier

There has for some years been a trend for people to sue art historians and scholars who do not give the 'right' opinion on a work of art. An academic or curator says your picture is a copy? Sue them.

Some famous cases have involved works by Andy Warhol, where lawsuits (or merely the threat of them) from disgruntled owners ultimately obliged the Warhol Foundation to shut down some of its activities. In France, the owner of a putative Monet (which we featured on 'Fake or Fortune?') sued the Wildenstein Foundation after they refused to list the work as a genuine Monet. And even I've had threatening letters and emails after expressing a view on the attribution or identification of a painting.

To protect those who merely seek to give an opinion on works of art, and to freely publish that opinion, the New York legislature has now passed "An act to amend the arts and cultural affairs law, in relation to opinions concerning authenticity, attribution and authorship of works of fine art”.

The bill is not yet enacted, and for more details read Kevin P. Ray's blog here. But it's evidently a step in the right direction. For although those who give opinions on authenticity can sometimes be bone-headedly wrong, it seems to me absurd that anyone should be allowed to sue an art historian, and oblige them, via a court, to change their mind. So - well done New York, and I hope other legislatures follow suit.