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Art Authentication: another foundation comes under scrutiny

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The Dedalus Foundation was created by Robert Motherwell, and it now owns the copyright to his works and operates to preserve his legacy. Two recent lawsuit have brought the Foundation under scrutiny for its authentication practices.

"Regardless of their legal outcomes, the two cases shed light on the closed world of artist foundations and the largely unregulated authority they have come to command in the world of art authentication and, by extension, the art market."

Killala Fine Art Ltd. has filed the most recent lawsuit, claiming that the Foundation gave "false assurances" regarding the authenticity of a painting. Killala had purchased the painting from art dealer Julian Weissman, also named as Defendant, on the strength of a letter of authenticity from the Foundation. Two years after the purchase, the Foundation withdrew the letter of authenticity and dropped its plans to include the work in the catalogue raisonné.

Although the authentication process is usually veiled from the public, an earlier suit filed by Joan Banach for wrongful dismissal sheds further light on the matter. Banach alleged that the President made "repeated misjudgments about the authenticity of works attributed to Motherwell," and had sought to challenge them.

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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.