Bolzano court ruling reignites debate on contemporary art authentication

A December 12, 2023 ruling by the Court of Bolzano has reopened debate on authenticity criteria for contemporary art, centering on the fragmented management of Gino De Dominicis's legacy. A former collaborator of the artist, now vice president of the Gino De Dominicis Foundation, was acquitted of forgery charges for selling five works through an auction house in 2018. The works were contested as fakes by a rival archive composed of scholars and heirs. The court found the prosecution's arguments—based on stylistic analysis, color use, and technique—insufficient to dispel reasonable doubt, ruling that the fact does not exist. The judge noted that the art market has very sparse regulation. The case highlights the conflict between two De Dominicis archives, both with economic interests in image rights, copyright, and market value. Unlike ancient and modern art, where scientific analysis provides objective data, contemporary art authentication relies on subjective interpretations and catalogues raisonnés, which courts may not treat as factual evidence. The ruling raises questions about balancing artist protection with legal certainty and the effectiveness of current authentication parameters in legal proceedings.