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Art Forgeries and their Prevention

Published online by Cambridge University Press:  12 February 2016

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Extract

The forgery of works of art, particularly pictures, is a serious evil that besets the art business world, quite apart from its depressive effect generally. The phenomenon is not new, but never before has it been more prejudicial, perhaps because contemporary painting is far easier to imitate than that of the past, and because of the increasing flow of money into the art markets. These two elements encourage the temptation to forgery, whilst the demand for pictures would possibly be even greater were it not for this nightmare that haunts likely purchasers.

How can the world's art markets be restored to health? Clearly this problem can be tackled by a variety of means. It would resolve itself or would not exist were people honest and upright. The situation would be ameliorated if art buyers were more circumspect in their purchases and the experts consulted to confirm the authenticity of pictures were able to express firm opinions and were more of one mind among themselves. The question, however, may well be considered from another angle, to see whether an answer can be found—or at least considerably facilitated—even if the standard of reasonable care and the expertise of the experts remain as they are at present. We do not have in mind here the criminal and civil sanctions that already exist. Nor shall we inquire into the possibilities of the assistance which may be had from increasing the severity of such sanctions. We shall not examine nostrums but means of prevention.

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Articles
Copyright
Copyright © Cambridge University Press and The Faculty of Law, The Hebrew University of Jerusalem 1969

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References

1 Lane, A.S., “Pictorial Pedigree”, Antique Finder (Nov. 1963)Google Scholar; Id., “Problems of the Purchaser of Art Objects as seen by a Lawyer”, ibid. 21 (1966); Id., “How the Bar Can Assist the Art Community”, The Record of the Assoc. of the Bar of the City of New York (Dec. 1965); Hodes, S., “Truth in Art”, The Justinian J., 13 (Nov. 1966)Google Scholar; Id., “‘Fake’ Art and the Law”, Fed. Bar J. 73 (Winter 1967). Contra Colin, R. F., “Legal Problems Involved in Art Forgery”, Lex et Scientia, 73, 84–85 (April-June 1968)Google Scholar.

2 H.R. 12446, 89th Cong. 2d Sess. (1966); 112 Cong. Ree. 5163–4.

3 Even the Torrens system of land registration was introduced first in Australia and then elsewhere as a facultative system, i.e., the first “matriculation” of land was voluntary. We may also note examples of registration not under statute but on private initiative; in this form the registration of debts pertaining to motorcars is effected in Ireland.