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The Nuance and Complexity of Artist Authentication Disputes

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Partner William Charron, a Pryor Cashman Art Law Group co-chair, was recently quoted in The Art Newspaper. The publication explored the Lucian Freud incident in which the artist denied creating the work titled 'Standing Male Nude.' Later, the work was authenticated and attributed to Freud after the artist's death. Unfortunately, an artist's wishes may not be the final deciding factor in an authentication process.

According to The Art Newspaper:

So, to what extent does the market listen to the artist? “The market recognises something called the ‘three-legged stool of authentication’,” says William Charron of the law firm Pryor Cashman. “Connoisseurship is one leg, provenance is another and forensic science is the third. The courts generally prefer science and provenance research as evidence because they are more verifiable and concrete. Connoisseurship is more subjective and difficult for courts to weigh; but, for the market, it remains the most valuable leg.”

Artists are using modern solutions to impact market movements. In 2008, Banksy successfully used a public statement to urge a boycott that blocked the sale of five works by the Lyon & Turnbull auction house. The emergence of digital markets and registries may also give artists more power over their own works in the future.