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Case Summary

Simon-Whelan v. The Andy Warhol Foundation for the Visual Arts, Inc.

Simon-Whelan v. The Andy Warhol Found. for the Visual Arts, No. 07 Civ. 6423 (LTS) (S.D.N.Y. May 26, 2009).

This case, which survived a motion to dismiss but was ultimately settled, questioned how 

authenticity should be determined for certain modern and contemporary artists, like Andy Warhol, whose very art challenges traditional definitions of authorship.  The case also questioned the efficacy of liability waivers, intended to protect those involved in art authentications from suits by disappointed owners of rejected works, when those owners allege  fraud. . . .

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