This effectively produces a Catch 22 situation: only works inherited from Warhol by the foundation - and not works that were sold or given away by him - can be the subject of legal challenge, but only by the foundation; and since the foundation appears to be acquiescing in (if not tacitly supporting) the authentication decisions of the separate board, collectors of works during Warhol's lifetime appear to have no legal remedy under current US law.

UK law is different in two key respects. First, UK artists have the statutory moral right only to stop their names being falsely attributed to works they did not create; they do not (as in the Us) have the right to claim true attribution of their authorship of works they did create. Second, the UK right to prevent false attribution lasts for the lifetime of the artist plus 20 years after death; and applies to all the artist's works - whether or not they were in the artistís ownership at death. In France, statutory moral rights last indefinitely, and this reflects a radically different philosophy from the US: French law views the integrity of art as a vital cultural treasure that should be looked after for future generations; US law respects the integrity of artists, but only during their lifetime, rarely after their death; UK law currently lies somewhere in between. Henry Lydiate 2006.

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