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Art Law Keyed to Gerstenblith, 4th Ed.
Bilinski v. Keith Haring Foundation, Inc.
Citation:
96 F. Supp. 3d 35 (2015)Facts
The plaintiffs owned 111 pieces of artwork attributed to Keith Haring, a prolific artist who died in 1990. The Keith Haring Foundation, established by Haring, operated an Authentication Committee until 2012 that issued opinions on the authenticity of submitted works. Plaintiff Elizabeth Bilinski submitted her collection for authentication in 2007, providing photographic transparencies and letters of provenance. The Foundation rejected the works as not authentic without providing reasons. Despite Bilinski gathering additional evidence including signed statements of origin and depositions, the Foundation refused to reconsider its determination and warned Bilinski in 2008 to cease selling works represented as original Harings. In 2013, plaintiffs participated in the Miami Exhibition featuring their Haring works. The Foundation filed suit against the exhibition organizers, sought a temporary restraining order, and issued a press release describing the works as fakes and the exhibition as fraudulent, resulting in removal of works and destruction of catalogs.
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