Fake or Fortune? Art Authentication Rules in the Art Market and at Court

This article analyzes the dichotomy between the practices of the art market and of court judges when it comes to the authentication of works of art. While judges very much rely on experts acting in the art market, they may not necessarily pursue the same examination methods and conclusions, which can have serious repercussions on the art object and for its owner. The dichotomy unavoidably leads to the questions of what the correct assessment is and whether court judges should be conducting such examinations. Taking account of the difficulties judges and legislators face in attempting to interfere with established art market practices, it is suggested that courts are not an adequate forum to resolve authenticity disputes. Instead, scholars and art market actors should adopt improved authentication standards and, in the event of a dispute, refer to alternative means of dispute resolution.