Frame repurchased – Has André Heller really shown remorse?

Poet, universal genius, jack of all trades. Flattering attributes are commonly attributed to Heller. Now he is forced to take a stand on the bad accusations. ‘Falter’ research got the ball rolling, according to which Heller would have made a picture frame in Vienna from broomsticks and nails. The city newspaper accuses the 75-year-old of having listed a painting by the artist Jean-Michel Basquiat and of offering the installation for sale as a Basquiat work. There were doubts about the authenticity of the frame.

Heller speaks of a “childish joke” – he wanted to put a Basquiat expert to the test. Upon learning of an investigation into the deal’s lopsided appearance, he is said to have repurchased the frame. Are there legal consequences? Specifically, this concerns paragraph 167, “active repentance”.

Art lawyer Andreas Cwitkovits explains: The decisive question is whether a purchase has actually taken place. If the attempt persists, one cannot show “active repentance” in the sense of a repurchase. This certainly applies to a successful sale, as Heller is accused of. But only until authorities investigate someone, Cwitkovits said. His regret could even save Heller from criminal hardship.

Signs Destruction as a Possible Problem
It becomes difficult in the case of the original Basquiat drawings that were used, which were first chopped into pieces and then glued into the frame. “There can be a copyright issue when parts that have been cut are moved without the artist’s permission. Then the artist or his heir could claim copyright infringement,” Cwitkovits said in the “Krone” interview.