Art Law co-chair Megan Noh is quoted in an Artsy article examining the need for an Art Law attorney for art collectors at very stages. Crucial touchpoints at which a collector may need legal guidance include the moment of title transfer, authentication, legacy planning, and artwork lending to galleries and museums. According to Artsy:

Over the last decade, many prominent authentication boards have been dissolved, complicating terms relating to attribution in purchase contracts. Although there are still a number of ways to investigate a work's authenticity, including determining whether it is listed in an artist's catalogue raisonné and conducting forensic analysis, there is still a significant risk. "Part of my job is thinking about how that risk of authenticity is going to be allocated," said Megan Noh, partner and co-chair of art law at Pryor Cashman. "Essentially, that means defining what recourse the collector has if the piece turns out to be fake."

For private sales, warranty duration (the period during which the purchaser may assert a claim for breach of warranty), the means of proving a work's lack of authenticity, and even methods of dispute resolution are all negotiable in a contract. For example, one's attorney could request that the seller agree in advance to grant the purchaser the right to rescind their deal if, during the warranty period, a major auction house or museum refuses to accept a piece due to concerns about its attribution. Such a contractual construct is designed to obligate the seller to refund the monies without the purchaser having to go to court to prove inauthenticity on the basis of more concrete proof.

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[Artsy] 5 Reasons Collectors Should Hire an Art Law Attorney

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