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Key Issues for Collectors: Ownership, Authenticity, and Provenance  


Author:  Richard M.  Horwood.


Source: Volume 12, Number 03, March/April 2013 , pp.1-5(5)




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Abstract: 

Issues surrounding ownership, authenticity, and provenance of art are important to collectors, their heirs, and family foundations. How does one know if what the collector is buying is real or fake? Moreover, how can the purchaser be sure it was not stolen at some point, and does not rightfully belong to the collector? How then, could it eventually be sold? There are a number of different legal issues with no settled remedy. This article examines the multitude of issues currently surrounding the concepts of legal title, authenticity, and provenance.

Keywords: Lindholm v. Brant; Graffman v. Espel; UCC ยง2-313

Affiliations:  1: Horwood Marcus & Berk Chartered.

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