16 March 2000 Art fakes and the statute of limitations
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Proceedings Volume 3851, Scientific Detection of Fakery in Art II; (2000) https://doi.org/10.1117/12.379875
Event: Photonics East '99, 1999, Boston, MA, United States
Abstract
A purchaser of fine art often relies on the vendor's representations as to the authorship and provenance of the work. Occasionally the new owner later makes the unpleasant discovery that the treasured work is a fake. The aggrieved purchaser then may demand that eh vendor make good on its assurances concerning the work. If the vendor declines to do so, the purchaser may seek legal redress against the vendor. At that point, the purchaser may find an unexpected barrier to success in the lawsuit. An otherwise sound claim may fail by reason of the statute of limitations -- the legal rule that a lawsuit must commence in a timely fashion. The rule may operate with dismaying rigor to art purchases, given the difficulty in distinguishing an authentic work from an imitation. This paper reviews the effects of statute of limitations claims in litigation involving artworks that do not live up to their promised authenticity. After a brief general introduction to limitations issues generally, the paper examines their varying application to claims regarding fake art.
© (2000) COPYRIGHT Society of Photo-Optical Instrumentation Engineers (SPIE). Downloading of the abstract is permitted for personal use only.
Alan L. Feld, "Art fakes and the statute of limitations", Proc. SPIE 3851, Scientific Detection of Fakery in Art II, (16 March 2000); doi: 10.1117/12.379875; https://doi.org/10.1117/12.379875
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