They were connoisseurs, this was their field of expertise, and a curator like Kirk Varnedoe, Mr. Elderfield’s predecessor at the Modern, would think nothing of offering his view of a drawing attributed to Rodin, his specialty.
“He was qualified to do it and felt he had a moral obligation to do it,” Mr. Elderfield said.
But when the owner of a painting attributed to Henri Matisse recently asked Mr. Elderfield for his opinion, he demurred. He worried he could be sued if he said the painting was not a real Matisse.
Mr. Elderfield is hardly alone in feeling that art’s celebrated freedom of expression no longer extends to expert opinions on authenticity. As spectacular sums flow through the art market and an expert verdict can make or destroy a fortune, several high-profile legal cases have pushed scholars to censor themselves for fear of becoming entangled in lawsuits.
The Andy Warhol Foundation for the Visual Arts, the Roy Lichtenstein Foundation  and the Noguchi Museum have all stopped authenticating works to avoid litigation. In January the Courtauld Institute of Art in London cited “the possibility of legal action” when it canceled a forum discussing a controversial set of some 600 drawings attributed to Francis Bacon. And the leading experts on Degas have avoided publicly saying whether 74 plasters attributed to him are a stupendous new find or an elaborate hoax.
The anxiety has even touched the supreme arbiter of the genuine and fake: the catalogue raisonné, the definitive, scholarly compendium of an artist’s work. Inclusion has been called the difference between “great wealth and the gutter,” and auction houses sometimes refuse to handle unlisted works. As a result catalogue raisonné authors have been the targets of lawsuits, not to mention bribes and even death threats.
Continue reading in The New York Times