In the art world, authenticity and provenance are crucial factors that impact not only the economic value of artworks but also buyers’ trust and the reputation of artists. In recent years, the art market has witnessed a significant increase in cases of forgery and artworks with uncertain provenance, raising complex legal issues.
The Growing Issue of Forgeries
Recent reports highlight the extent of the problem. In November 2024, Italian authorities dismantled a European network dedicated to the production and sale of counterfeit artworks attributed to renowned artists such as Banksy, Warhol, and Picasso. The operation led to the seizure of over 2,100 fake artworks, which, if sold as authentic, would have exceeded €200 million in market value. (The Guardian)
Just a few months later, in February 2025, a clandestine workshop in Rome was uncovered producing fake Picasso and Rembrandt works, confirming the persistence and sophistication of such illegal activities.
Due Diligence: An Essential Step
Due diligence is essential to protect buyers from legal and financial risks. Beyond verifying authenticity and provenance certificates, the process includes assessing risks related to issues such as the validity of sales contracts and potential legal impediments, such as prior claims, inheritance issues or ownership disputes. In this context, scientific techniques—such as pigment analysis and material dating—are vital in confirming an artwork’s authenticity. Discrepancies between the materials and the artwork’s purported date can indicate forgery, making a thorough examination crucial to avoiding future legal complications.
The Role of Artist Archives and Foundations
Artist archives and foundations play a key role in validating the authenticity and provenance of artworks. While they do not have absolute authority to guarantee authenticity, their role in collecting and managing historical and documentary evidence is crucial. However, each case must be assessed individually, taking into account expert opinions as well as documentary and scientific evidence. Any inconsistencies in official documentation can lead to significant legal risks for both sellers and buyers.
van Berings’ Role in Managing Legal Issues Related to Authenticity
van Berings provides highly specialized legal counsel in handling authenticity and provenance issues in the art market. Our services include:
- Legal analysis of transactions: assisting in drafting sales contracts that protect all parties and include authenticity guarantee clauses.
- Regulatory: analysis of applicable regulations potentially preventing on artwork to be sold or to be transferred abroad
- Legal due diligence: assisting collectors, galleries, and art dealers in verifying title and capacity of the seller and legal marketability of the artworks before transactions.
- Dispute resolution: legal support in case of authenticity or provenance disputes, including legal actions for damages and contract annulment.
By leveraging legal expertise and technological advancements, van Berings ensures that stakeholders in the art market navigate authenticity and provenance challenges with confidence and legal security.
