Authenticity in the Art Market: Legal Challenges and AI-Based Authentication

Is there a “right to authenticity” in the art market? While authorship is traditionally protected under copyright law, authenticity concerns the identification of an artwork as original and affects broader interests, including property, evidentiary reliability, and market trust. In many European legal systems, the authentication of artworks is generally regarded as the expression of an expert opinion concerning attribution or authenticity, rather than as an exclusive legal prerogative. As a consequence, authentication practices often develop in the absence of a clear regulatory framework, despite their decisive impact on the circulation and economic value of artworks in the market. In this context, attention is given to how AI-based computational analysis systems may complement human expertise by reducing uncertainty and strengthening evidentiary reliability.

About the speaker: Dr Giulia Anselmo is a lawyer and researcher in private law specialising in art law, copyright, and the legal implications of new technologies.