About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline



15 DePaul-LCA J. Art & Ent. L. 1 (2004-2005)
The Perfect Fake: Creativity, Forgery, Art and the Law

handle is hein.journals/dael15 and id is 7 raw text is: LEAD ARTICLE
THE PERFECT FAKE: CREATIVITY, FORGERY,
ART AND THE LAW
Michael J. Clark, J.D., Ph.D.*
I. INTRODUCTION
... [I]f it is later proven that the painting had been
wrongly attributed to a master when it was the work
of a student, what is left but the painting?
- Scott Hodes, 'Legal Rights in the Art and
Collectors' World' '
Art [is] the truly metaphysical activity of man....
[T]he existence of the world is justified only as an
aesthetic phenomenon.
- Friedrich Nietszche, 'The Birth of Tragedy'2
The more total society becomes, the greater the
reification of the mind and the more paradoxical its
effort to escape reification on its own ... To write
poetry after Auschwitz is barbaric.
* Assistant Professor of Literature, Film and Law, Department of Engkish,
Portland State University.
1. SCOTT HODES, LEGAL RIGHTS IN THE ART AND COLLECTORS' WORLD 44
(1986).
2. FRIEDRICH NIETZCHE, THE BIRTH OF TRAGEDY 22 (Walter Kaufmann
trans.) (1967).