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Old 10-15-2011, 12:42 PM
barrysloate barrysloate is offline
Barry Sloate
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Join Date: Apr 2009
Location: Brooklyn, NY
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Mark- I was one of the people who said that the burden of proof rests with you. Here is my reasoning. Corey bought this photo in good faith and put it in his safe deposit box, where it has been for the last twenty years. He had no obligation to deal with this issue if he didn't want to. If he were putting the dag up for sale, say in a public auction, and you challenged the identity, then I believe he would either have to prove it's Cartwright or remove it from the marketplace. But he has no other obligation once it is in his collection. He had the choice to ignore this whole issue if he wanted, since even if it is misidentified he was harming no one. He had no obligation to defend his belief it is Cartwright; he is free to say it's Abe Lincoln if that makes him happy. When the day comes that he or his descendents decide to sell it, then the burden shifts to him/them. Does that make sense?
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