• About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      • The “Interview” Project
  • Events
    • Worldwide Calendar
    • Our Events
      • All Events
      • Annual Conferences
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    • Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
  • Log in
  • Become a Member
  • Donate
Center for Art Law
  • About
    About
    • Mission
    • Team
    • Boards
    • Mentions & Testimonials
    • Institutional Recognition
    • Annual Reports
    • Current & Past Sponsors
    • Contact Us
  • Resources
    Resources
    • Article Collection
    • Podcast: Art in Brief
    • AML and the Art Market
    • AI and Art Authentication
    • Newsletter
      Newsletter
      • Subscribe
      • Archives
      • In Brief
    • Art Law Library
    • Movies
    • Nazi-looted Art Restitution Database
    • Global Network
      Global Network
      • Courses and Programs
      • Artists’ Assistance
      • Bar Associations
      • Legal Sources
      • Law Firms
      • Student Societies
      • Research Institutions
    • Additional resources
      Additional resources
      • The “Interview” Project
  • Events
    Events
    • Worldwide Calendar
    • Our Events
      Our Events
      • All Events
      • Annual Conferences
        Annual Conferences
        • 2025 Art Law Conference
        • 2024 Art Law Conference
        • 2023 Art Law Conference
        • 2022 Art Law Conference
        • 2015 Art Law Conference
  • Programs
    Programs
    • Visual Artists’ Legal Clinics
      Visual Artists’ Legal Clinics
      • Art & Copyright Law Clinic
      • Artist-Dealer Relationships Clinic
      • Artist Legacy and Estate Planning Clinic
      • Visual Artists’ Immigration Clinic
    • Summer School
      Summer School
      • 2026
      • 2025
    • Internship and Fellowship
    • Judith Bresler Fellowship
  • Case Law Database
Home image/svg+xml 2021 Timothée Giet Art law image/svg+xml 2021 Timothée Giet A Plethora of Fakes and a Series of Thoughts: Where Has All The Real “Art” Gone?
Back

A Plethora of Fakes and a Series of Thoughts: Where Has All The Real “Art” Gone?

December 24, 2013

OP ED by Hanoch Sheps, J.D.*

With the New Year only days away, it is only natural to reflect on the year that is coming to an end. With that, a string of fake artworks exposed in reputable institutions as part of sales or extensive exhibitions brings pause.

pic

As recently as December 23, 2013, a piece of Chinese calligraphy attributed to a poet who lived over a thousand years ago was flagged as a possible 19th century copy. [NYT] This discovery is just one of many in 2013, soon to be dubbed the “Year of the Fake,” which seems appropriate given that the Chinese year’s presiding animal zodiac was the snake.  However, the exposure of the fake calligraphy that was consigned to Sotheby’s and sold for $8.2 million at a September auction in New York is not the first (not even the first this week), and assuredly not the last. A gallery in Turkey cited the discovery of fakes as a reason for the premature closing of an exhibit of 60 works by the Spanish surrealist painter, Joan Miró, that were initially expected to be displayed until January 19, 2014. And of course, little more than the name Knoedler is needed to rehash the story of the famous and now defunct gallery exposed for selling fakes, a hackneyed story nearly impossible to escape this year.

Are the fakes the result of rising art prices, is it a systemic problem of attribution or has the fear of exposure to expert liability silenced those who might otherwise have spoken up?  Increasingly stories emerge of experts issuing false reports, such as the scandal surrounding the renowned expert on the works of Max Ernst found liable by a French tribunal in July for an “incorrect authentication,” resulting in €652,883 in damages. [See Center for Art Law’s, Art Historian Found Liable for Incorrect Authentication]. In light of the increasing fears of litigation and closing of many authentication boards, will the art expert become extinct? [Read other Center for Art Law pieces on disbanding authentication boards].

To protect art experts and promote ongoing authentication, at least in New York State, the New York City Bar Association is drafting legislation to address the concern that authenticators have in continuing to provide their opinion on works’ authorship. Art Lawyer Judith Bresler, also General Counsel for the Appraisers Association of America, made a presentation of the draft bill at the annual meeting of the Association in November. Essentially, the bill would set a higher threshold and burden of proof for presenting authentication-based claims, amongst other features. Whether the legislation is likely to reinvigorate the academics, appraisers and other experts to opine remains unclear.

Setting aside liabilities momentarily, why do fakes draw the ire of the art market and society at large? This question can be addressed by examining what constitutes art. As a parallel to the now-closed Miró exhibition mentioned earlier, what are the lessons learned from the recent exhibition of over 123 replicas of works by Frida Kahlo? [Huffington Post, Bizarre Exhibition Presents All Of Frida Kahlo’s Paintings… Copied By Anonymous Chinese Artists]. It seems antithetical, or at best confusing, to praise works consciously made as replicas yet criticize the deceitful efforts of those who produce works of equal skill. How does one distinguish “fake” from “imitation,” is bad faith a prerequisite? One need only consider a point made in an interview on December 19 with the artist behind the Knoedler fakes, Pei-Shen Qian who posited, “I made a knife to cut fruit, but if others use it to kill, blaming me is unfair.” [Bloomberg]. Taking that argument one-step further, Qian claims he had no knowledge that his works were sold as fakes, therefore the difficulty in reconciling “fakes” with “imitations” persists.

So, what is art? Assume we are conducting the Pepsi Challenge but with paintings. On one side is an authentic Van Gogh (suspending your inclination to believe it is fake given the subject of the article), the other a near perfect 21st century knockoff. To the naked eye, they are identical. Each inspires the viewer, has great aesthetic appeal, and make you wonder how an artist like Van Gogh barely sold an artwork in his life yet today his works garner millions of dollars.  Are the prices for art realized in a sale the sole indicator of value? What then should be said about exorbitant prices paid for works later exposed as fakes? Do they lose their aesthetic appeal, their ability to inspire simply because we cannot attribute them to a master?

In the New Year we should resolve to reflect on just a few more thoughts. An artwork is a creature of evolution, what once seemed vulgar now may be enlightened, and perhaps what once was decried as fake might become merely an imitation. After all, a wise man once said, “imitations are the sincerest form of flattery.” But if flattery is like talk, and talk is cheap, it is no wonder that exposed fakes are priced differently from the real thing.

*About the Author

Hanoch Sheps, J.D. is a recent graduate of New York Law School. He may be reached at Hanoch.sheps2@gmail.com or 201-696-6881.

Disclaimer: This and all articles are intended as general information, not legal advice, and offer no substitute for seeking representation.

Disclaimer: This article is for educational purposes only and is not meant to provide legal advice. Readers should not construe or rely on any comment or statement in this article as legal advice. For legal advice, readers should seek a consultation with an attorney.

Post navigation

Previous NOW you see it… Legalese of Street Art
Next Calder Estate Fraud Claim Dismissed: Judge Finds Allegations “An Incoherent Stew of Irrelevance and Innuendo”

Related Art Law Articles

Clinic Instagram
Art lawWish You Were Herebootcampevent review

WYWH: “Art Lawyering Bootcamp: Copyright Law”

March 6, 2026
Center for Art Law AI Artibtrator Article
Art lawadr

No Industry Seems Untouched by the AI Avalanche – Where Does AI Stand With ADR? Or Better Asked, Where Does ADR Stand With AI?

February 25, 2026
Center for Art Law AML Laundry Machines Ad
Art law

Regulation Without Legislation: Combatting Money Laundering in the U.S. Art Market

February 21, 2026
Center for Art Law
Summer School Promo

2026 Art Law Summer School

Applications Now Open

Want to learn MORE about art law? Join us for an unforgettable week of art law in NYC!

 

Apply Now
Center for Art Law

Follow us on Instagram for the latest in Art Law!

ONLY 5 DAYS LEFT to apply for the Second Edition ONLY 5 DAYS LEFT to apply  for the Second Edition of Center for Art Law Summer School!! Deadline to apply is  March 15th! Check out these memories from our 2025 Summer School. Don't miss your chance to participate in a whirlwind adventure exploring art law in NYC. 🗽

Taking place in the vibrant art hub of New York City, the program will provide participants with a foundational understanding of art law, opportunities to explore key issues in the field, and access to a network of professionals and peers with shared interests. Participants will also have the opportunity to see how things work from a hands-on and practical perspective by visiting galleries, artist studios, auction houses and law firms, and speak with professionals dedicated to and passionate about the field.

🎟️ APPLY NOW using the link in our bio!
After many years of hard work we’ve officially cro After many years of hard work we’ve officially crossed the 1,000 cases mark in our case law database!! Let us know what your favorites are below!
Join us on March 12 for Charitable Contributions: Join us on March 12 for Charitable Contributions: Tax Considerations for Artists and Collectors. For this event we are pleased to be hearing from Attorney Karin Gross. With over 30 years of experience, Ms. Gross is an expert in the area of tax law and specializes in the area of tax aspects for charitable giving. She served in the Office of Legislative Counsel for the U.S. House of Representatives, drafting legislation on behalf of Members of Congress and committee and has worked at the IRS Office of Chief Council. Ms. Gross will guide participants through important tax considerations for artists, collectors and art market participants. 

🎟️ Grab tickets using the link in bio!

#centerforartlaw #artlaw #artlawyer #tax #taxlaw #artist #irs #artandtaxlaw
On March 2nd, SCOTUS ended the saga of "The Recent On March 2nd, SCOTUS ended the saga of "The Recent Enteance to Paradise ", having denied writ of certiorari in Thaler v. Perlmutter. The question posed to the Court was if a work with a nonhuman author could receive copyright protections. The Court of Appeals for D.C. (2025) and the District Court (2023) have already answered 'no' to this issue, citing prior case law human requirements, statute interpretation of the word human artist, and other arguments. Check out our coverage discussing both lower court opinions using the link in bio. Human authorship remains a must for copyright registration. 

📚 Read more about the Supreme Court petition and outcome using the link in bio!

#centerforartlaw #copyright #artlaw #artlawyer #copyrightlaw #ailaw #aiart #artissues #artandai
Deadline Extended!! We are still accepting applica Deadline Extended!! We are still accepting applications for the Second Edition of Center for Art Law Summer School until March 15th! Don't miss this opportunity to explore art law NYC style 🗽

Taking place in the vibrant art hub of New York City, the program will provide participants with a foundational understanding of art law, opportunities to explore key issues in the field, and access to a network of professionals and peers with shared interests. Participants will also have the opportunity to see how things work from a hands-on and practical perspective by visiting galleries, artist studios, auction houses and law firms, and speak with professionals dedicated to and passionate about the field.

Applications Extended till March 15th!

🎟️ APPLY NOW using the link in our bio!

#centerforartlaw #artlawsummerschool #newyork #artlaw #artlawyer #legal #lawyer #art
Have you seen the 2024 documentary "The Spoils"? O Have you seen the 2024 documentary "The Spoils"? Our latest review covers Jamie Kastner's film that follows the Max Stern Foundation's restitution efforts and asks hard questions about who holds power in the art world. Savannah Weiler reviews it and we want to hear your take. Read it via the link in bio and drop your thoughts in the comments! 👇 

#centerforartlaw #FILMREVIEW #nazieralootedart #maxsternfoundation
Smile — you're at the Center for Art Law! 🌷 Meet o Smile — you're at the Center for Art Law! 🌷 Meet our Spring 2026 intern team, joining us from schools and graduate programs across the country! 🎓 

Our Spring 2026 Interns have been learning and working hard starting January! We are pleased to introduce to you Donyea James (Legal Intern, Fordham Law, 3L), Alexandra Kharchenko (Legal Intern, French LLM Grad of Northwestern Pritzker School of Law), Jacqueline Koutrodimos-Lewis (Graduate Intern, with MA in Classics and BA in Art History), Halle O’Hern (Legal Intern, Brooklyn Law, 2L), Marina Rastorfer (Legal Intern, Cardozo Law, LLM), and Savannah Weiler (Graduate Intern, MA in History of Art). 

From legal research to event planning, our interns are doing it all — under careful supervision!

Interested in joining our team? Fall 2026 internships begin the 2nd week of September — visit the link in our bio to learn more!
📌 We are looking for interns who can commit to working with us the entire academic year. 

#ArtLaw #LegalInterns #SpringInterns #InternSpotlight #ArtAndLaw #LawSchool #Internship BrooklynLawSchool #FordhamLaw #CardozoLaw #Northwestern #UTAustin #ClassicsAndArt #ArtHistory #NextGenLawyers
🏒 🎨⚖️ Thank you to all the applicants interested 🏒 🎨⚖️

Thank you to all the applicants interested in our 2026 summer internship program. We are humbled by the talent and volume of applications received. We only wish we could offer placement to all of you. If we cannot accommodate your interest this summer, please consider joining us as guest writers, volunteers and students at the upcoming summer school.
Grab an Early Bird Discount for our new CLE progra Grab an Early Bird Discount for our new CLE program to train lawyers to assist visual artists and dealers in the unique aspects of their relationship.

Center for Art Law’s Art Lawyering Bootcamp: Artist-Dealer Relationships is an in-person, full-day training aimed at preparing lawyers for working with visual artists and dealers, in the unique aspects of their relationship. The bootcamp will be led by veteran attorneys specializing in art law.

This Bootcamp provides participants -- attorneys, law students, law graduates and legal professionals -- with foundational legal knowledge related to the main contracts and regulations governing dealers' and artists' businesses. Through a combination of instructional presentations and mock consultations, participants will gain a solid foundation in the specificities of the law as applied to the visual arts.

Bootcamp participants will be provided with training materials, including presentation slides and an Art Lawyering Bootcamp handbook with additional reading resources.

The event will take place at DLA Piper, 1251 6th Avenue, New York, NY. 9am -5pm.

Art Lawyering Bootcamp participants with CLE tickets will receive New York CLE credits upon successful completion of the training modules. CLE credits pending board approval. 

🎟️ Grab tickets using the link in our bio! 

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #artistdealer #CLE #trainingprogram
A recent report by the World Jewish Restitution Or A recent report by the World Jewish Restitution Organization (WRJO) states that most American museums provide inadequate provenance information for potentially Nazi-looted objects held in their collections. This is an ongoing problem, as emphasized by the closure of the Nazi-Era Provenance Internet Portal last year. Established in 2003, the portal was intended to act as a public registry of potentially looted art held in museum collections across the United States. However, over its 21-year lifespan, the portal's practitioners struggled to secure ongoing funding and it ultimately became outdated. 

The WJRO report highlights this failure, noting that museums themselves have done little to make provenance information easily accessible. This lack of transparency is a serious blow to the efforts of Holocaust survivors and their descendants to secure the repatriation of seized artworks. WJRO President Gideon Taylor urged American museums to make more tangible efforts to cooperate with Holocaust survivors and their families in their pursuit of justice.

🔗 Click the link in our bio to read more.

#centerforartlaw #artlaw #museumissues #nazilootedart #wwii #artlawyer #legalresearch
Join us for the Second Edition of Center for Art L Join us for the Second Edition of Center for Art Law Summer School! An immersive five-day educational program designed for individuals interested in the dynamic and ever-evolving field of art law. 

Taking place in the vibrant art hub of New York City, the program will provide participants with a foundational understanding of art law, opportunities to explore key issues in the field, and access to a network of professionals and peers with shared interests. Participants will also have the opportunity to see how things work from a hands-on and practical perspective by visiting galleries, artist studios, auction houses and law firms, and speak with professionals dedicated to and passionate about the field. 

Applications are open now through March 1st!

🎟️ APPLY NOW using the link in our bio! 

#centerforartlaw #artlawsummerschool #newyork #artlaw #artlawyer #legal #lawyer #art
Join us for an informative presentation and pro bo Join us for an informative presentation and pro bono consultations to better understand the current art and copyright law landscape. Copyright law is a body of federal law that grants authors exclusive rights over their original works — from paintings and photographs to sculptures, as well as other fixed and tangible creative forms. Once protection attaches, copyright owners have exclusive economic rights that allow them to control how their work is reproduced, modified and distributed, among other uses.

Albeit theoretically simple, in practice copyright law is complex and nuanced: what works acquire such protection? How can creatives better protect their assets or, if they wish, exploit them for their monetary benefit? 

🎟️ Grab tickets using the link in our bio! 

#centerforartlaw #artlaw #legal #research #lawyer #artlawyer #bootcamp #copyright #CLE #trainingprogram
  • About the Center
  • Contact Us
  • Newsletter
  • Upcoming Events
  • Internship
  • Case Law Database
  • Log in
  • Become a Member
  • Donate
DISCLAIMER

Center for Art Law is a New York State non-profit fully qualified under provision 501(c)(3)
of the Internal Revenue Code.

The Center does not provide legal representation. Information available on this website is
purely for educational purposes only and should not be construed as legal advice.

TERMS OF USE AND PRIVACY POLICY

Your use of the Site (as defined below) constitutes your consent to this Agreement. Please
read our Terms of Use and Privacy Policy carefully.

© 2026 Center for Art Law
 

Loading Comments...
 

You must be logged in to post a comment.