First, let me say that this looks like mistaken identity or worse; and that I myself am an artist, and like most part-time artists I'm very sympathetic to the interests of full-time artists. However, this sentiment is unrealistically simple: "I feel a living artist should be the one who gets to say yea or nay and not be taken to task and forced to go back 40 years in time." The way the art market works, attribution (…
Artist Peter Doig victorious as court agrees '$10m' painting is not his work
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Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#52What if he really had painted it? What duty does he have to authenticate it?
Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#53First, let me say that this looks like mistaken identity or worse; and that I myself am an artist, and like most part-time artists I'm very sympathetic to the interests of full-time artists. However, this sentiment is unrealistically simple: "I feel a living artist should be the one who gets to say yea or nay and not be taken to task and forced to go back 40 years in time." The way the art market works, attribution (…
Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#54What if he really had painted it? What duty does he have to authenticate it?
Imagine Alice is selling Bob a house. Carol comes along and says, "Don't buy that house. It's infested with termites." This is likely to cause Bob to reconsider his offer, and Alice will be somewhat pissed. If Carol is correct, there's nothing Alice can do, but if Carol is lying, Alice will likely sue for unlawful tortuous interference with business or somesuch, whatever the legal words are.
Now imagine that Alice is selling Bob a Monet painting. Carol says "That painting is fake." If Carol is some internet rando, probably doesn't matter. But if Carol is well known among Monet collectors, then her statement is likely to dissuade potential buyers. Alice will lose lots of money. If Carol is right, end of story, but if Carol is lying, perhaps to spite Alice, then hello lawsuit.
Now, getting closer to the case at hand, imagine Alice is selling Bob a Peter Doig painting. Carol says "That painting is a fake." Same story, if Carol is lying and that depresses the market price, Alice has a case against Carol.
In this particular case, it turns out that "Carol" is actually Peter Doig himself. But that's somewhat irrelevant to the legal framework. Actually, it just means he's considered an expert, and therefore his statements will affect the price. But being an expert doesn't make his statements true.
Of course, with evidence presented, obvious he's not lying.
Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#55What if he really had painted it? What duty does he have to authenticate it?
No such duty has ever existed.
Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#56Earlier quoted context omitted.
Mostly that an artist had to pay legal fees to defend himself because he told the truth and someone didn't like it. The ridiculous litigiousness of the whole thing is disconcerting. The last name wasn't even spelled correctly, if an artist doesn't claim a painting, that should be good enough.
He wasn't in prison, the names are different, and he's adamantly denying creating it in the first place. That he got dragged into court and had to pay to prove he didn't create something is absurd. This could happen to anyone who creates things.
Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#57First, let me say that this looks like mistaken identity or worse; and that I myself am an artist, and like most part-time artists I'm very sympathetic to the interests of full-time artists. However, this sentiment is unrealistically simple: "I feel a living artist should be the one who gets to say yea or nay and not be taken to task and forced to go back 40 years in time." The way the art market works, attribution (…
Then it's a perverse market where people have ceased to sell objects, and are now just trading financial instruments. I support the right of the author to disclaim the authorship of any work at any time, despite any evidence to the contrary. He should be able to choose whether he wants his name used as a vehicle in a financial transaction. Not whether it will be , because if some insurance company or law firm wants t…
Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#58I'm not sure what they do actually.
Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#59Earlier quoted context omitted.
No such duty has ever existed.
That's what bothers me about this whole thing. I don't see how you can force an artist to affirmatively authenticate a painting no matter how much money is on the line unless he's somehow contractually obligated to do so.
Re: Artist Peter Doig victorious as court agrees '$10m' painting is not his work
#60Earlier quoted context omitted.
He wasn't in prison, the names are different, and he's adamantly denying creating it in the first place. That he got dragged into court and had to pay to prove he didn't create something is absurd. This could happen to anyone who creates things.
The prison part seems like it would be particularly easy to verify, even if there was a man there who had a very similar name.
Their arguments were so detached from reality they may as well have been trying to prove that Elvis made the painting.