Artists' Moral Rights In The Frame

Fine arts insurers will have breathed a collective sigh of relief when a Californian jury, following 13-years of litigation regarding damage by art handlers to the cardboard frames on a triptych of the Martin Kippenberger paintings Copa III, Copa IV and Copa IX, recently dismissed a $95m claim for bad faith against XL Specialty, instead awarding just $19.500 for loss of value in the artwork.

This case is noteworthy not only for the sheer size of the claim but also for the relative ease with which the damaged frames were in fact restored by Kippenberger's collaborator, who had collaborated with Kippenberger on the original work, and who was able to use similar materials as those first used for the frames – thereby virtually removing any diminution in value of the piece.