Max Pechstein – Forgery Has No Chance

An art lover must consent to the destruction of a drawing because it is not an original work by Max Pechstein.

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The art lover had acquired two drawings from an art dealer twenty years earlier. He assumed that both drawings were works by Max Pechstein. However, when he wanted to have them auctioned off many years later as part of an art auction, it was established that one of the pictures was a forgery. It was the ink brush drawing "Beach Scene with Boat", which was monogrammed with "HMP" and contained the inscription "1914".

Subsequently, the art lover disputed the authorship with the auction house. After the auction house had handed over only the original work to the art lover and not the forgery, he sued for its return.

The holders of the copyright to Max Pechstein's works also became involved in the legal dispute and demanded consent to the destruction of the forgery. They were successful.

Court Decision – Max Pechstein – Forgery Must Be Destroyed

By judgment dated 17.11.2016, the LG Berlin (AZ: 28 O 498/14) ruled in favour of the heirs of the author. The art lover must consent to the destruction of the ink brush drawing "Beach Scene with Boat".

The picture was a forgery of the copyright-protected reed pen drawing "Departing Canoe I" by Max Pechstein from 1914.

The court based this on the fact that the disputed picture contains a white pigment that was not introduced until the end of the 1930s. The picture could therefore not have originated from 1914.

Since the art lover had submitted the forgery to the auction house for sale, he had infringed the copyright-protected right of distribution. It was irrelevant that he had assumed the drawing to be authentic.

Conclusion

Copyright exists for up to 70 years after an artist's death. The resale of forgeries infringes the copyright-protected right of distribution. This right was the basis for the action brought by the heirs of Max Pechstein. As the court confirmed, lack of knowledge about the forgery of the work does not provide a defence. The art lover must therefore consent to the destruction.