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5 - Title and Authenticity

Published online by Cambridge University Press:  01 May 2025

John Henry Merryman
Affiliation:
Stanford Law School
Stephen K. Urice
Affiliation:
University of Miami School of Law
Simon J. Frankel
Affiliation:
Superior Court of California and Stanford Law School
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Summary

Works of visual art present distinct issues related to title (who owns the work and how that is proved) and to authenticity (is the work by the artists it is represented to be by). This chapter considers how warranties of title and authenticity do and do not protect purchasers of art and the applicable provisions of the Uniform Commercial Code; how statutes of limitations, requiring lawsuits to be brought within a certain period of the conduct at issue, apply to claims of breach of warranty of title and authenticity; how authenticiy issues arise with respect to works of art created in multiples, such as prints and photographs; and the potential liabilit of experts who offer opinions on the authenticity of works of art that turn out not to be what they appeared to be.

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Publisher: Cambridge University Press
Print publication year: 2025

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