Hardback
The Sale of Misattributed Artworks and Antiques at Auction
Second Edition
2nd edition
9781035302673 Edward Elgar Publishing
In this thoroughly revised second edition, Anne Laure Bandle explores the process of attribution of artworks and antiques at auction and the commercial directive of auction houses when authenticating art and protecting themselves against misattributions. Bandle provides an extensive study of the phenomenon of ‘sleepers’ through an in-depth analysis of the contractual relationships, liabilities and remedies that arise in the context of auction sales.
More Information
Critical Acclaim
Contents
More Information
In this thoroughly revised second edition, Anne Laure Bandle explores the process of attribution of artworks and antiques at auction and the commercial directive of auction houses when authenticating art and protecting themselves against misattributions. Bandle provides an extensive study of the phenomenon of ‘sleepers’ through an in-depth analysis of the contractual relationships, liabilities and remedies that arise in the context of auction sales.
Key Features:
● Proposes new avenues to improve current auction practices and the dispute resolution process
● Discusses updates in case law and legislation, including consumer protection laws and procedural laws
● New section dedicated to price guarantees arranged by auction houses, some of which are backed by third parties
● Examination of the consequences of the currently applicable legal regime for the consignor, the auction house, the courts and the marketplace
● Comparative analysis of the law governing auctioneer’s liability in Europe and North America, establishing the risks and drawbacks of the existing regime
The Sale of Misattributed Artworks and Antiques at Auction continues to be a fundamental resource for legal practitioners, auction houses, art dealers, authenticators, the judiciary and the insurance industry. Students and academics of art law and commercial law will also find this to be an indispensable reference.
Key Features:
● Proposes new avenues to improve current auction practices and the dispute resolution process
● Discusses updates in case law and legislation, including consumer protection laws and procedural laws
● New section dedicated to price guarantees arranged by auction houses, some of which are backed by third parties
● Examination of the consequences of the currently applicable legal regime for the consignor, the auction house, the courts and the marketplace
● Comparative analysis of the law governing auctioneer’s liability in Europe and North America, establishing the risks and drawbacks of the existing regime
The Sale of Misattributed Artworks and Antiques at Auction continues to be a fundamental resource for legal practitioners, auction houses, art dealers, authenticators, the judiciary and the insurance industry. Students and academics of art law and commercial law will also find this to be an indispensable reference.
Critical Acclaim
‘Anne Laure Bandle offers a fabulous comparative law journey through some of the most complex legal issues of auction sales. You will not fall asleep reading about sleepers!’
– Marc-André Renold, University of Geneva, Switzerland
‘Although focussing primarily on the issues arising on the sale of misattributed artworks, this work remains a comprehensive, practical and useful review of wider auctioneering law and practice in three key jurisdictions with a commentary which does not pull its punches. It is a worthy update of the first edition.’
– Roland Foord, Stephenson Harwood LLP, UK
‘This book is a true delight and a must-read for the art world. The legal impact of so-called “sleepers” has never been explored in a more insightful manner.’
– Friederike Gräfin von Brühl, K&L Gates LLP, Germany
Acclaim for the first edition:
‘The Sale of Misattributed Artworks and Antiques at Auction is a groundbreaking work for anyone interested in art law, and the fascinating area of “sleepers” in the glamorous and tricky world of the auction house. This extremely original and well-researched piece of legal scholarship considers the practices of auction houses when a consignment is misattributed by their expert(s). In comparing the legal regimes in the United States, Switzerland, and England, Dr Bandle has produced an analysis of value to students, practitioners, and academics. This book is a future classic in the emerging canon of art law texts.’
– Tatiana Flessas, London School of Economics and Political Science, UK
‘Dr. Anne Laure Bandle''s book is a compelling comparative analysis on the complex issue of so-called sleepers in the art trade, more specifically at auction. The breadth of her knowledge of both the art market and the law is impressive and makes it a unique contribution to both legal practice and academic research in art and cultural heritage law. It is definitely a milestone in this fascinating new field of law.’
– Marc-André Renold, University of Geneva, Switzerland
‘This is an urgent appeal to all those acting within the complexity of today’s art market and a brilliant vision on how to approach and resolve one of its pre-eminent problems, the issue of authenticity.’
– Friederike Gräfin von Brühl, K&L Gates LLP, Berlin
‘The pointed research and analysis of a worrying part of the trade, bound only to grow. Anne Laure Bandle has the breadth of knowledge and experience, investigative inclination and critical approach required to pen a fascinating book. With that, comes a joy at the world of cultural property that make her work an enjoyable read.’
– Bruno Boesch, Froriep LLP, London
‘Artworks of very different kind may be misattributed by auction houses. Fakes by Han van Meegeren may be sold as works by the forged master Jan Vermeer; works of the workshop of Rembrandt may be offered as masterpieces of Rembrandt himself; and Sleepers by an unknown artist of the Renaissance period may be finally attributed as the portrait of Pope Clement VII by Sebastiano del Piombo. In all these cases of misattribution the question has to be answered whether the auction house is responsible for this misattribution and to whom. Anne Laure Bandle diligently treats all these problems in a comparative analysis of Swiss, English and US-American law and makes valuable proposals how auction houses should deal with their responsibility (authenticity guarantee) and which tribunal or mediation centre should decide issues of controversy.’
– Kurt Siehr, Max Planck Institute for Comparative and International Private Law, Germany
– Marc-André Renold, University of Geneva, Switzerland
‘Although focussing primarily on the issues arising on the sale of misattributed artworks, this work remains a comprehensive, practical and useful review of wider auctioneering law and practice in three key jurisdictions with a commentary which does not pull its punches. It is a worthy update of the first edition.’
– Roland Foord, Stephenson Harwood LLP, UK
‘This book is a true delight and a must-read for the art world. The legal impact of so-called “sleepers” has never been explored in a more insightful manner.’
– Friederike Gräfin von Brühl, K&L Gates LLP, Germany
Acclaim for the first edition:
‘The Sale of Misattributed Artworks and Antiques at Auction is a groundbreaking work for anyone interested in art law, and the fascinating area of “sleepers” in the glamorous and tricky world of the auction house. This extremely original and well-researched piece of legal scholarship considers the practices of auction houses when a consignment is misattributed by their expert(s). In comparing the legal regimes in the United States, Switzerland, and England, Dr Bandle has produced an analysis of value to students, practitioners, and academics. This book is a future classic in the emerging canon of art law texts.’
– Tatiana Flessas, London School of Economics and Political Science, UK
‘Dr. Anne Laure Bandle''s book is a compelling comparative analysis on the complex issue of so-called sleepers in the art trade, more specifically at auction. The breadth of her knowledge of both the art market and the law is impressive and makes it a unique contribution to both legal practice and academic research in art and cultural heritage law. It is definitely a milestone in this fascinating new field of law.’
– Marc-André Renold, University of Geneva, Switzerland
‘This is an urgent appeal to all those acting within the complexity of today’s art market and a brilliant vision on how to approach and resolve one of its pre-eminent problems, the issue of authenticity.’
– Friederike Gräfin von Brühl, K&L Gates LLP, Berlin
‘The pointed research and analysis of a worrying part of the trade, bound only to grow. Anne Laure Bandle has the breadth of knowledge and experience, investigative inclination and critical approach required to pen a fascinating book. With that, comes a joy at the world of cultural property that make her work an enjoyable read.’
– Bruno Boesch, Froriep LLP, London
‘Artworks of very different kind may be misattributed by auction houses. Fakes by Han van Meegeren may be sold as works by the forged master Jan Vermeer; works of the workshop of Rembrandt may be offered as masterpieces of Rembrandt himself; and Sleepers by an unknown artist of the Renaissance period may be finally attributed as the portrait of Pope Clement VII by Sebastiano del Piombo. In all these cases of misattribution the question has to be answered whether the auction house is responsible for this misattribution and to whom. Anne Laure Bandle diligently treats all these problems in a comparative analysis of Swiss, English and US-American law and makes valuable proposals how auction houses should deal with their responsibility (authenticity guarantee) and which tribunal or mediation centre should decide issues of controversy.’
– Kurt Siehr, Max Planck Institute for Comparative and International Private Law, Germany
Contents
Contents
Foreword by Pierre Tercier
I Introduction: problem statement and objectives of this book
PART I CREATION OF SLEEPERS AT AUCTION
Introduction to Part I
1 Notion of “sleeper”
2 Process of attribution of artworks and antiques
3 Interim conclusion
PART II ANALYSIS OF THE CURRENT LEGAL REGIME IN SLEEPER DISPUTES
Introduction to Part II
4 Interests and expectations in sleeper cases
5 Current regime governing the auctioneer’s liability
6 Interim conclusion
PART III COMPARATIVE AND CRITICAL ASSESSMENT
Introduction to Part III
7 Comparative analysis
8 Critical assessment
9 Interim conclusion
PART IV FUTURE PERSPECTIVES: MARKET REGULATION – NEW
TRADING PRACTICES
Introduction to Part IV
10 Authenticity guarantee to consignors
11 Alternative means of dispute resolution
12 Conclusions
References
Appendix 1: model terms
Appendix 2: illustrations of sleepers
Foreword by Pierre Tercier
I Introduction: problem statement and objectives of this book
PART I CREATION OF SLEEPERS AT AUCTION
Introduction to Part I
1 Notion of “sleeper”
2 Process of attribution of artworks and antiques
3 Interim conclusion
PART II ANALYSIS OF THE CURRENT LEGAL REGIME IN SLEEPER DISPUTES
Introduction to Part II
4 Interests and expectations in sleeper cases
5 Current regime governing the auctioneer’s liability
6 Interim conclusion
PART III COMPARATIVE AND CRITICAL ASSESSMENT
Introduction to Part III
7 Comparative analysis
8 Critical assessment
9 Interim conclusion
PART IV FUTURE PERSPECTIVES: MARKET REGULATION – NEW
TRADING PRACTICES
Introduction to Part IV
10 Authenticity guarantee to consignors
11 Alternative means of dispute resolution
12 Conclusions
References
Appendix 1: model terms
Appendix 2: illustrations of sleepers
