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  • 5 - Title and Authenticity

  • John Henry Merryman, Stanford Law School, Stephen K. Urice, University of Miami School of Law, Simon J. Frankel, Superior Court of California and Stanford Law School
  • Book:
    Law, Ethics, and the Visual Arts
    Published online:
    01 May 2025
    Print publication:
    29 May 2025, pp 401-514

  • 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.