ARTFEED — Contemporary Art Intelligence

Italian court rules Jeff Koons cannot disown his own sculpture

opinion-review · 2026-04-27

In a 2019 ruling, the Milan Tribunal addressed whether an artist can legally disown their own work, specifically Jeff Koons' attempt to disavow a porcelain sculpture from his limited-edition series "The Serpents" (1988). The court found that Koons had no right to disown the piece, as he had previously authenticated it, exhibited it in Cologne in 1988, and allowed it to circulate on the market. The disputed work is numbered 2/3, with two copies in existence: one owned by Ohio University's Art Gallery (not contested by Koons) and another owned by an Italian collector (contested). The court balanced the artist's moral right to disclaim authorship against the interests of collectors and galleries, ruling that Koons failed to prove the work harmed his reputation or that grave moral reasons justified withdrawal from commerce. The decision also noted that Koons had not ordered the work's destruction. The case may be appealed or settled, as a prior dispute between the same parties was settled in 1997 before the Southern District Court of New York.

Key facts

  • Milan Tribunal ruled on November 5, 2019, that Jeff Koons cannot disown his sculpture 'The Serpents'.
  • The sculpture is a porcelain piece from a limited edition of three numbered copies plus an artist's proof, created in 1988.
  • The disputed copy is numbered 2/3, owned by an Italian collector.
  • Another copy of 2/3 is owned by Ohio University's Art Gallery and is not contested by Koons.
  • The series was produced by an Italian artisan firm commissioned by Sonnabend Gallery, which also paid production costs.
  • Koons had authenticated and exhibited the disputed work in Cologne in 1988.
  • The court found no evidence that the work was a defective prototype or that Koons ordered its destruction.
  • The ruling may be appealed or the parties may reach a settlement, as they did in a 1997 case in New York.

Entities

Artists

  • Jeff Koons

Institutions

  • Tribunale di Milano
  • Galleria Sonnabend
  • Art Gallery dell'Università dell'Ohio
  • Southern District Court of New York
  • Artribune

Locations

  • Milano
  • Italia
  • New York
  • Stati Uniti
  • Colonia
  • Germania
  • Ohio
  • Bologna

Sources