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Case Summary

Fuantes v. Atlan & Poliéri

Tribunal de grande instance [TGI] [ordinary court of original jurisdiction] Paris, 3rd Ch., 2nd Sect., Sept. 13, 2002; RG No. 2001/19088 (Fr.).
Cour d’appel [CA] [regional court of appeal] Paris, 1st Ch., Sect. A, Feb, 3, 2004, Gaz. Pol., September 18, 2004, No. 262, p. 7 (Fr.)
Cour de cassation [Cass.] [supreme court for judicial matters] 2nd Civ, Nov. 10, 2005; No. de pouvoir: 04-13618 (Fr.)
Cour d’appel [CA]] [regional court of appeal] Versailles, Jan. 12, 2007; RG No. 05/9374 (Fr.)
Cour de cassation [Cass.] [supreme court for judicial matters] 1st Civ., March 13, 2008, No. de pouvoir: 07-13024; D2008, P. 1797 (Fr.)

Précis

In this French case, the courts had to decide whether the holders of an artist’s

moral rights – droit moral - were obliged to issue a certificate of authenticity for a work that they did not consider authentic, and whether the publisher of a catalogue raisonné was required to include a work in an artist’s catalogue after a court ruled it was authentic. The ruling highlights the contrast between French and American courts addressing similar issues (cf. Thome v. Calder).

 






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