下面為大家整理一篇優秀的Essay代寫范文--An analysis of the Truth Dilemma of the Art Newspaper Lawsuit，文章講述2016年10月13日，藝術報紙刊登的這起訴訟告訴我們一個故事，藝術收藏家阿什·埃德爾曼將他收藏的價值6萬美元的藝術品委托給了杰弗里迪納畫廊。但這項工作在運往加萊的集裝箱運輸過程中受到了嚴重的損害，在此之前，埃德爾曼的保險公司Starnet承保了這項工作，但未包括在Diner的AXA保險中。修復這幅作品的唯一方法是通過這位72歲的藝術家和他位于羅馬的Fondazione Calzolari進行修復，但這需要對作品進行認證。
The lawsuit published by The Art Newspaper on October 13,2016 told us a story that Asher Edelman,the art collector,consigned his collection of arts worth$60,000 to the GeoffreyDiner Gallery.But the work suffered severe damage in the during the container transportation to Galley,and before that,the work as covered by Edelman’s insurance company,Starnet,but not covered by Diner’s AXA insurance.The only way to repair the work is to do so through the 72-year-old artist and his Rome-based Fondazione Calzolari,but this would require authenticating the work.
For Asher Edelman,the art collector,he would face authentication risks.
此外，對于像Asher Edelman這樣的收藏家來說，當他們通過基金會提交藝術品認證時，他們認為這是真實的，可能被證實是贗品或復制品，這是收藏家的另一個認證風險和巨大損失。Firstly,as is stated in The Art Newspaper,it is not certain that Calzolari will deem it repairable,and or will not later disown it—as many artistshave with damaged works,because the Visual Artist Rights Actprotects artists‘right to say what is and isn’t their work in their lifetime,andan artist can prevent or disclaim the attribution of artworks that shebelieves to bedamaged or modified in a way that is prejudicial to his or her reputation.
Besides,for collectors,like Asher Edelman,when they submitthe work of art for authentication through the foundation,which they believe is genuine,might be authenticated to be a fake or a replica,and this is another authentication risk and a great loss for the collector.
However,there are ways for minimizing authentication risks,which may include:
(1)Request for a certificateof authenticity by the seller;
Generally,as a matter of law,there can be no quibbling about whether a description of a work that included a statement that the work is by an artist was part of the“basis of the bargain.”Basically,if the art dealer supplied a writing to an art buyer with such a description,a warranty is created.
(2)To follow the provenance of the work of art and check the authenticity;
This is because of the Balthus case,which is set forth in Visual Artists Rights Act of 1990.The artist known as Balthus disclaimed authorship of a lovely painting entitled“Colette de Profil.”Despite Balthus's fervent denial of authorship,the Court held it to be authentic based on its provenance—it was sold by Balthus's former wife to Gertrude Stein--and a suspicion that Balthus might have been acting“from personal animus against his former wife.”
Specifically,a buyer can include the following wordings into the contract:
(1)Creating an express warranty that the goods shall conform to the affirmation or promise.According to the Uniform Commercial Code(U.C.C),(a)Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes partof the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise;(b)Any description of the goods which is made part of the basis of the bargain creates an express warranty that thegoods shall conform to the description;(c)Any sample or model which is made part of the basis of the bargain creates an express warranty that the whole ofthe goods shall conform to the sample or model.
(2)Request for a certificate of authenticity or any similar written instrument and an express warranty for the material facts stated as of the date of such sale or exchang.In accordance with New York Arts and Cultural Affairs Law§13.01,Whenever an art merchant,in selling or exchanging a work of fine art,furnishes to a buyer of such work who isnot an art merchant a certificate of authenticity or any similar written instrument it:(a)Shall be presumed to be part of the basis of the bargain;and;(b)Shall create an express warranty for the material facts stated as of the date of such sale or exchange
(3)In the event that the buyer purchases a work of fine art produces as a“multiple”,he or she shall request the seller to includecertain information including,by way of example,the name of the artist;whether the artist signed the work,the size of the edition,the number of the edition;when it was produced,whether it was produced posthumously,and like information.
Finally,back to the lawsuit,I suppose Asher Edelman can take the following steps to avoid the situation that he finds himself in,before he purchased the painting.
(1)To include provisions stating the authentication of the work if it should suffer damages and need restorations which he is not liable for,before purchasing this work;By doing so,Edelman will be able to prevent the risk of authenticating the work,after it suffers damages.
(2)To add provisions regarding that the collector is free of liabilities for anything that may result from the authentication or repair process.
給大家推薦一篇優秀的Essay代寫范文--Duty to Parents。盡管最早的哲學家已經定義了一個人的道德義務，但是成年人對父母的義務尚未得到具體的解...