Authenticity, artistic creation, and the boundaries between inspiration, copying and forgery are once again at the centre of legal and cultural debate.
In this feature for El Confidencial, Laura Villarraga Albino, Of Counsel at Kepler—Karst Law Firm, examines the legal implications surrounding forged works of art and the legal distinctions between forgery, plagiarism and copyright infringement, following a case that has reignited discussion around the protection of art and the art market.
The recent ruling by the Spanish Supreme Court upheld the conviction imposed on the seller of fifteen fake artworks for the continued offence of fraud. However, the Court also held that, despite involving forgeries attributed to artists such as sculptor Eduardo Chillida and painter José Guerrero, the conduct did not amount to an offence against the authors’ intellectual property rights.
The article focuses on a particularly significant issue: not every forgery necessarily constitutes a copyright infringement. It highlights the technical complexity of these cases, the legal protections available to buyers, and the importance of having a specialised legal strategy to safeguard the authenticity of artworks, the reputation of artists, and the integrity of the art market.
Read the full article here.
Access the Spanish version here.
