Footnotes
1. Per Evershed M.R. at p.94 in Leaf v International Galleries [1950] 2.K.B. (CA).
7. See the claims of the English collector, David Joel and the refusal of the Wildenstein family to authenticate his painting as being created by Claude Monet: http://
13. See section 1 of the UK’s Forgery and Counterfeiting Act (1981) for example.
www.bbc.co.uk/news/entertainment-arts-13785393.
14. The main three moral rights of authorship are:
January/February 1971, p.127.
8. See the collector, Joe-Simon Wheelan’s dispute with
work; (2) the right to object to false attribution of the
3. Walter Benjamin, ‘The Work of Art in the Age of
Board: Simon-Wheelan v Andy Warhol Foundation
2. Andy Warhol in (Gerard Malanga) ‘Conversation
with Andy Warhol’, Print Collector’s Newsletter, No.1
Mechanical Reproduction’ (1934) in ‘Walter Benjamin:
Illuminations: Essays and Reflections’, Hannah Arendt (ed.), Schoken Books, New York (1969)(1st edition), pp.217-251.
4. Bert Demarsin and Eltjo J.H. Scharge, Chapter 19, ‘Great Expectations and Bitter Disappointments: A Comparative Legal Study into Problems of Authenticity
and Mistake in the Art Trade’, in ‘Art & Law’, Demarsin,
Scharge, Tilleman & Verbeke (ed.), Hart Publishing, Belgium (2008), esp. pp.560 to 569. 5. Ibid. pp.560 to 569. 6. Martha Buskirk, Chapter 1, ‘Authorship and Authority’ in ‘The Contingent Object of Contemporary Art’, MIT
Press, Cambridge, Massachusetts, London (2003) pp. 22-53.
the Andy Warhol Foundation and its Authentication
For The Visual Arts, Inc., No.07 Civ 6423 (LTS), 2009 WL 145177, 2009 US.Dis.t LEXIS 44242 (S.D.N.Y. May 26 2009) .
9. See, Ronald D. Spencer, ‘Authentication in Court’, in
‘The Expert versus the Object: Judging Fakes and False Attributions in the Visual Arts’, Ronald Spencer (ed.), Oxford Univ. Press (2004), pp.189-225.
10. Peter Kraus, ‘The Role of the Catalogue Raisonne´ in the Art Market’ in Ronald Spencer, op.cit, pp. 63-77, especially, p.70.
11. Francis V.O’Connor, ‘Authenticating the Attribution
of Art: Connoisseurship and the Law in the Judging of Forgeries and Copies, and False Attributions’ in Ronald
(1) the right to be identified as the author of the artwork; and (3) the right to object to ‘derogatory treatments’ of the work are reflected in Article 6 bis of the Berne Convention for the Protection of Literary
and Artistic Works (1888): “Independently of the author’s economic rights, and even after the transfer
of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other
derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.”.The Berne Convention is an international legal convention
ratified by many different signatory states, including
the UK and US who have incorporated moral rights into their legislation as well as civil law countries such
as France and Germany who have strong national
traditions of protecting authors’ (including artists’) moral rights.
Spencer, op.cit, pp. 3-27.
15. See Nourse L.J. in Harlingdon and Leinster
12. Richard Shone, ‘Copies and Translations’ in ‘Dear
1.Q.B. 564 (CA) at p.578.
Images: Art, Copyright and Culture’, Daniel McClean
and Karsten Schubert (ed.) Ridinghouse/ICA, London (2002) p.354.
Enterprises Ltd v Christopher Hull Fine Art Ltd [1985]
16. Richard Drake v Thos Agnews & Sons Ltd [2002] WL 237113.