The Sale of Misattributed Artworks and Antiques at Auction - Hardcover

Bandle, Anne L.

9781786431004: The Sale of Misattributed Artworks and Antiques at Auction

Hardcover

ISBN 10: 1786431009 ISBN 13: 9781786431004

Publisher: Edward Elgar Publishing Ltd, 2016

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The glamour and mystery of the art auction, gathering interested buyers from across the globe, makes it one of the most fascinating marketplaces in existence. 'Sleepers', artworks or antiques that have been undervalued and mislabelled due to an expert's oversight and consequently undersold, appear regularly. This fascinating new book provides the first extensive study of the phenomenon of sleepers through an in-depth analysis of the contractual relationships, liability and remedies that arise in the context of auction sales. The Sale of Misattributed Artworks and Antiques at Auction begins with an examination of the creation of sleepers and the process of attribution of artworks and antiques at auction. This is followed by a comparative analysis of the law governing auctioneer's liability in Switzerland, the United Kingdom and the United States and a critical assessment of the risks and drawbacks of the current practical and legal regime. The book concludes with an original and pragmatic solution to the challenge of addressing and settling sleeper disputes at auction, including model terms that auction houses can directly adopt in their business terms. This insightful new book will be of interest to lawyers, auction houses and anyone involved in the authentication or sale of artworks. It will also provide a valuable resource for academics and students in law, anthropology and arts.

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Review

'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-Andre 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 Grafin von Bruhl, K&L Gates LLP, Berlin