Truth in art and law: Allocating the risks associated with attribution in the art auction house

Abstract

This thesis explores the interaction of law with art auction house practices in the area of authentication and attribution. A key issue which is addressed is whether the understanding of authorship which the contemporary art market has adopted is in conflict with the creative processes of artists, both past and present. It is considered whether any such conflict may generate uncertainty, providing a fertile ground for disputes relating to attribution. On the basis of this, an analysis of the complex relationship between the auctioneer and buyer at auction under the current law is made. In particular, the duties and liabilities the art auctioneer owes to the purchaser with regard to the description of lots made in the course of an auction are explored. In an attempt to find the fairest and most cost-efficient solution to the art world’s misattribution problem, a move from caveat emptor to caveat auctionator is discussed.