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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).
Précis
This case, which survived a motion to dismiss but was ultimately settled, questioned how
authenticity
The genuineness or truth of something; in art, the determination or judgment that a work is by the artist to whom it has been attributed.
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
The intentional use of deceit, a trick or some dishonest means to deprive another of his money, property or legal right, either as a cause of action or as a fatal element in the action itself.
fraud. . . .
Associated Legal Decision(s)
Associated Statutes and/or Legislation
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