In the French art market, a few words in a catalogue entry can define the legal scope of an attribution. Expressions such as “by”, “attributed to”, “studio of”, “school of” or “style of” are not interchangeable marketing language. The Marcus Decree gives them specific consequences.
A vocabulary designed to reduce uncertainty
The Decree of 3 March 1981 was adopted to impose greater precision in descriptions used for sales of works of art and collectibles. It requires the seller or intermediary to stand behind the specifications given as to the nature, composition, origin and age of the object.
Alexis Fournol previously analysed the structure and purpose of the text in an article for Interencheres, noting that the Decree creates a hierarchy of attributional certainty and helps objectivise the expectations of the parties.
“By” or the unqualified name of the artist
Under the Decree, the use of “by” or “of” followed by the artist’s name, or the artist’s name immediately followed by the title of the work, guarantees authorship. An indication that a work bears the signature or stamp of an artist also carries a guarantee of authorship unless an express reservation is made.
For auction houses and dealers, an unqualified attribution therefore carries significant legal weight. It should not be used merely because an attribution appears commercially plausible.
“Attributed to”
The expression “attributed to” does not guarantee authorship. It guarantees that the work was produced during the artist’s period of activity and that serious presumptions identify the named artist as the probable author.
The distinction is fundamental. The term introduces uncertainty into the contract, but it is not an empty disclaimer. There must still be serious grounds for the probable attribution.
“Studio of”, “school of” and “style of”
“Studio of” signifies a close link with the artist’s working environment and, under the Decree, with execution in the artist’s studio or under the artist’s direction. “School of” refers more broadly to the work of a pupil or follower influenced by the named master and includes a defined temporal connection.
Expressions such as “style of”, “manner of”, “after” or equivalent formulations do not provide the same guarantee of artist, date or school. Their function is descriptive rather than an authorship warranty.
Why the exact wording matters in litigation
If an authenticity dispute later arises, the court examines what was promised at the time of sale. Under Article 1133 of the Civil Code, a party who accepted uncertainty concerning an essential quality cannot later rely on error concerning that same uncertainty.
The legal question is therefore often not simply “Is the work authentic?” but “What did the seller represent, and is the work consistent with the legal meaning of that representation?”
About the author
An article written by Alexis Fournol, Attorney at Law and Partner at Fournol & Associés.
Alexis Fournol advises and represents auction houses, galleries, dealers, experts, collectors, artists and artist estates in authenticity, attribution and art-market disputes. He also regularly works with foreign lawyers on French-law aspects of cross-border art matters.
Earlier analysis: Alexis Fournol, “L’authenticité des œuvres d’art : le décret Marcus, un texte fondamental du marché de l’art”, Interencheres (2019).
How Fournol & Associés can assist
Fournol & Associés regularly advises and represents clients in authenticity, attribution and expert-liability matters involving artworks and collectibles. The Firm has handled, and is currently handling, several matters involving disputed authenticity, auction descriptions, expert opinions, provenance and judicial expertise.
Our practice combines art-market knowledge with French contract law, auction law, civil liability, evidence and procedure. We may intervene at the pre-contentious stage, during expert and documentary analysis, in negotiations and in proceedings before the French courts. In cross-border matters, the Firm can act as French counsel alongside the client’s existing foreign legal team.
Related reading
Art Market · Artwork Ownership Claims in France · Insights
Frequently Asked Questions
Does “attributed to” mean the work is authentic?
No. It means serious presumptions identify the artist as the probable author and that the work dates from the artist’s period of production.
Does “studio of” mean the artist painted the work?
No. It indicates a defined relationship with the artist’s studio or direction, not personal authorship.
Can an auction house use “attributed to” simply to avoid responsibility?
No. The term has a defined legal meaning and must correspond to serious grounds for the attribution.
Do these French terms matter to foreign buyers?
Yes. Their legal effect may differ from assumptions based on catalogue terminology used in another jurisdiction.
This publication provides general information only and does not constitute legal advice. The applicable law, evidence, procedural options and limitation periods must be assessed in light of the facts of each case.
