Report recommending amendments to New York’s Arts and Cultural Affairs Law related to opinions concerning authenticity, attribution and authorship of works of fine art

SUMMARY

The Art Law Committee proposed legislation which would enhance protections under the law for authenticators who render independent, good-faith opinions about the authenticity, attribution and authorship of works of fine art.  Authenticators are often sued to silence opinions unfavorable to a plaintiff.  Although authenticators almost always win such suits, the legal costs can ruin them financially.  The increasingly hostile, litigious environment has raised insurance costs and created levels of risk and expense that have driven many authenticators from the field. As a result, fakes and forgeries are entering the art market unquestioned, and many artists’ foundations and estates have stopped rendering opinions about attribution.  This has significant ramifications on not only the buying and selling of artwork but on scholarship and research. 

BILL INFORMATION

A.1018-A (AM Rosenthal) / S.1229-A (Sen. Little) – relates to the authenticity, attribution and authorship of fine works of art (NYS 2015-16); A.9016 / S.6794 (NYS 2014)