By Vivianne Diaz
The art market’s existence rests on authentication.[1] “[T]he market for artworks and artifacts only functions if these objects have a proper attribution to a specific creator or location of origin, date or period, and provenance.”[2] With so much at stake, authenticity disputes are likely to end up in court, where the evaluation of authentication tools and evidence can be problematic.[3] While auction houses are generally not required to guarantee the authenticity of art, their legal duties to authenticate stem from contract law, tort law, and industry custom.
After a series of high-profile forgery cases (known as the Old Master cases), confidence in the art market and in auction houses was slipping.[4] Sotheby’s acquisition of Orion Analytical in 2016 marked a change in auction house industry customs – it placed higher significance on the scientific analysis tool for authentication, and signaled that auction houses may be expected to take a more active role in the art authentication process.[5]
What is Authentication?
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