Thesis title: LE ATTESTAZIONI DI AUTENTICITÀ DELLE OPERE D’ARTE - TRA PRASSI E PROSPETTIVE DI REGOLAMENTAZIONE ALL’INTERNO DEL CIRCUITO ARTISTICO-COMMERCIALE
This dissertation provides an in-depth analysis of artwork authenticity certification, exploring its legal, ethical, economic, and cultural implications. Authenticity, a key factor in both artistic and market valuation, remains largely unregulated in Italy: neither the Copyright Law (Law 633/1941) nor the Cultural Heritage Code (Legislative Decree 42/2004) clearly defines who is authorized to issue certificates of authenticity or what standards make them valid. The study highlights how, in the absence of comprehensive legislation, the responsibility for authentication falls upon market practices and private entities—notably artist archives and foundations—that, while essential to preserving artistic heritage, often act without unified standards or oversight, leading to subjectivity, conflicts of interest, and economic distortions.
Through a comparative and empirical approach, the research examines national and international legal frameworks, investigates notable court cases, and uncovers how financial and criminal mechanisms can compromise authenticity procedures, thereby damaging the integrity of the art market. The study also incorporates expert interviews with officials from the Ministry of Culture, law enforcement, artist archives, and art insurance brokers, offering a multi-perspective understanding of the issue.
Ultimately, the thesis proposes a comprehensive regulatory model grounded in transparency, inter-institutional collaboration, and legal accountability, aiming to ensure the authenticity and integrity of artworks, protect artists’ legacies, and strengthen the credibility of the global art market against fraud and speculative manipulation.