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Showing posts with label ARCA 2011. Show all posts
Showing posts with label ARCA 2011. Show all posts

July 22, 2011

Laurie Rush on "Art Crime: Effects of a Global Issue at the Community Level"

by Mark Durney, Founder of Art Theft Central

At ARCA’s third annual international art crime conference in mid-July, Dr. Laurie Rush, the Booth Family Rome Prize Winner in Historic Preservation at the American Academy in Rome, presented on “Art Crime: Effects of a Global Issue at the Community Level.”

Dr. Rush’s lecture featured discussions of the role of military archaeologists in preventing the inadvertent damage and destruction of cultural heritage as well as limiting the illicit traffic in antiquities during the most recent conflicts in Iraq, Afghanistan, Libya, and Egypt. For example, academic archaeologists in cooperation with military and NATO personnel were able to develop a 'no strike list' of 'at risk sites' in Libya within 36 hours after US participation was announced.

During the most recent conflicts in Iraq, Afghanistan, and Egypt, Dr. Rush worked with the Legacy Resource Management Program to create decks of playing cards inspired by the US military’s tradition of using playing cards as educational tools. However, rather than depict images of the most-wanted Iraqis like a previous deck, the Heritage Resource Preservation playing cards depict the challenges of preserving heritage during military operations as well as provide useful archaeological site preservation advice.

According to Dr. Rush, the constant rotation of military officers and the flux in standard practices that it creates can make it difficult to effectively maintain efforts to protect cultural heritage sites and institutions during conflicts. During the US-led military invasion of Iraq in 2003, the Garrison Commander  at the military base in Talil developed a strategy to protect Ur, the biblical birthplace of Abraham, by incorporating it within the installation fences. While it was a simple risk mitigation strategy, it enabled the US to effectively secure the site and protect it from potential looting. In 2009, the US returned control of the ancient site, which had been preserved in pristine condition, to the Iraqi authorities.

Rush believes that the Comando Carabinieri Tutela Patrimonio Culturale, which has been sent into numerous conflict zones in order to train local leaders and military personnel in the protection of cultural sites and institutions, should serve as a model for other countries that seek to develop similar cultural heritage preservation efforts. Currently, while based in Rome, Rush is working closely with the Carabinieri and examining their best practices. In addition to working with the military to protect sites during conflict, Dr. Rush stressed the need to focus attention and resources on developing strategies to maintain cultural heritage sites in the immediate aftermath of conflicts. Managing sites as community assets and rebuilding tourist attractions are critical to attracting local and international investment and attention. Dr. Rush believes that such efforts can be spearheaded by partnerships between academic institutions and government organizations.

July 20, 2011

ARCA's 2011 IACC: Charlotte Woodhead on “Assessing the Moral Strength of Holocaust Art Restitution Claims”

By Molly Cotter, ARCA Intern

At ARCA's third annual International Art Crime Conference in Amelia on July 9, Charlotte Woodhead, Assistant Professor at the University of Warwick, shared her analysis of the numerous moral considerations of the United Kingdom’s Spoliation Advisory Panel, which hears claims relating to World War II thefts of cultural objects.

Founded only in the year 2000 and keeping in mind the time bars involved in civil suits, the panel assesses and resolves claims from people, or their heirs, who lost property during the Nazi era which is now held in UK national collections. Members of the panel, including lawyers, judges, professors, an art dealer and a baroness are appointed by the Secretary of State and consider both legal and non-legal obligations, such as the moral strength of the claimant’s case, and whether any moral obligation rests on the holding institution. In cases where the claimants received post-war compensation, the panel also considers any potential unjust enrichment were the object to be returned or a monetary reward offered. The public interest of a piece is also a factor in deciding whether to simply return the item or offer a reward.

The panel’s proceedings are an alternative to litigation, and its recommendations are not legally binding on any parties. However, if a claimant accepts the recommendation of the Panel, and the recommendation is implemented, the claimant is expected to accept this as full and final settlement of the claim.

Woodhead also discussed the difference between UK claim resolution and those of the Restitution Committee of the Netherlands. The British panel seeks restitution for art lost or stolen during the Nazi era (1933-1945) whereas the Dutch committee focuses on art lost in direct relation to the Nazi regime. Regardless of their differences, Woodhead stressed the importance of the existence of these panels saying “Nazi stolen art is different from stolen art as there is a wider cultural goal to right the wrongs of the past.”

July 19, 2011

Maria Elena Versari on “Iconoclasm by (Legal) Proxy: Restoration, Legislation and the Ideological Decay of Fascist Ruins”

Update: This post has been republished with corrections.

By Kirsten Hower, ARCA Intern

Maria Elena Versari, the Assistant Professor of Modern European Art and Architecture at the University of North Florida, spoke about the perception of and reaction against  Fascist architecture in Italy. Her presentation, titled “Iconoclasm by (Legal) Proxy: Restoration, Legislation and the Ideological Decay of Fascist Ruins,” examined the conflicting modern views of Fascist architecture and, particularly, what to do with what remains of it. The debate that Versari highlighted centers on those historians who wise to preserve the architecture of the past for its part in history, and those who wish to wipe away the memories of Fascism and its place in Italian history.

Versari’s main focus concerned iconoclastic acts towards remaining Fascist architecture: both destructive and in terms of conservation. In specific reference to the Mancino Law of 1993—which punishes acts that incite violence—she referred to people who had been prosecuted for publicly endorsing Fascist symbols. In addition, Versari referenced the application of Hans Belting’s division of symbols and how that can apply to the iconoclastic actions against Fascist art and architecture—an attempt to destroy the collective mental symbol by destroying the physical symbol. However, as Versari pointed out, Mussolini  appropriated past symbols and images, using them for his own purposes and changing their meaning—making the selective destruction of Fascist iconology within the Italian public space a particularly compelling enterprise.

Versari focused on the other form of iconoclasm found in the action or inaction of conservation on the part of governmental bodies. She specifically pinpointed the legal complexities that led to the inaction on the part of several offices to allocate the funds to properly preserve architecture built during the Fascist period, allowing these buildings to decay and crumble rather than preserving them for their historical purposes. Versai concluded by comparing recent practices of local administrations in dealing with Fascist art and architecture. While some will give money to alter or ‘cover up’ the symbols of Fascism in certain architecture—whitewashing plaques and the like, others, as in the case of Forlì, are pursuing a more subtle critical practice, suggesting the visual historicization of Fascist remains and of their subsequent iconoclastic history.

After graduating with her PhD from Scuola Normale Superiore in Pisa, Versari has taught in both Italy and the United States and published many scholarly works, including Constantin Brancusi (Florence: Scala Group/Rome: L’Espresso, 2005) and Wassily Kandinsky e l’astrattismo (Florence: Scala Group, 2007). In addition to teaching, she is currently a member of the Advisory Board for the online journal Art in Translation.

July 18, 2011

Duncan Chappell on “Forgery of Australian Aboriginal Art”

Duncan Chappell
by Molly Cotter, ARCA Intern

Professor Duncan Chappell, Chair of the Centre of Excellence in Policing and Security International Advisory Board and an Adjunct Professor at the Sydney Law School at the University of Sydney, discussed the moral and monetary corruption of contemporary forgeries in his presentation, "Forgery of Australian Aboriginal Art", at ARCA's International Art Crime Conference in Amelia, Italy.

Aboriginal Australians make up only 2% of the nation’s population. Their art is of extremely spiritual nature and works consist mostly of desert sand, rocks, and homemade pigments -- things from the earth. The value of Aboriginal art has soared in recent years with one work selling for a record $2.4 million at auction. The market itself grosses nearly $100-$500 million annually, which makes it a major source of income for many Aboriginal communities and individuals. Because of the swelling demand for Aboriginal art on the market, more and more pieces are being forged and slipped into auction sales. Aboriginal forgeries are mores upsetting than traditional forged works because they undermine the integrity of Aboriginal art, its meaning, and even the original painter’s spirituality.

In one case, a married couple was tried and convicted of selling nearly $300,000 worth of fake Rover Thomas paintings through Australian auction houses. When initially arrested, police seized not only numerous Thomas catalogues, but two unfinished forged canvases. In other cases, criminals forged prints to provenance to entire exhibitions and unfortunately, often suffered minimal consequences.

Authorities have run into issues in trying to protect the cultural heritage of Aboriginal art. Sometimes artists sign blank canvases before beginning work on them or family members aided in the production of thee work; therefore, issues of provenance and authorship becomes more complicated.

The aforementioned examples as well a number of civil suits underscore the need for due diligence of galleries and auction houses not only to defend their reputation but the integrity of the Aboriginal artists and their legacies.

July 17, 2011

Saskia Hufnagel on “Harmonising Police Cooperation in the Field of Art Crime in Australia and the European Union”

Saskia Hufnagel in Amelia, Italy
by Kirsten Hower, ARCA Intern

Dr. Saskia Hufnagel, a Research Fellow at the Australian Research Council Centre of Excellence in Policing and Security (CEPS) at Griffith University in Queensland, presented “Harmonizing Police Cooperation in the Field of Art Crime in Australia and the European Union,” at ARCA's third annual International Art Crime Conference in Amelia.

Her research project was originally meant to focus on the collaborative effort of Australia and the European Union, but became a project centered more on the need for cooperation in both systems. As Dr. Hufnagel said, she was doing “the dance of presenting a research project that doesn’t exist.” Her project, therefore, became more focused on the comparison between Australia and the European Union concerning perception, priority, policing, and reactions towards art crime.

Dr. Hufnagel demonstrated in her presentation that Australia, in general, does not put a policing priority towards art crime, because of the perception that art crime is a financial matter compensated by the insurance companies.

“Generally there is a lack of recognition which leads to a lack of resources,” Dr. Hufnagel said.

Australia’s nine territories therefore do not allocate funds towards investigation and prevention of these crimes, Dr. Hufnagel said. Accordingly, they also do not feel the need to enhance cooperation amongst the states and territories to combat the problem. It is difficult to generate support for the problem because in Hufnagel’s words, “we don’t know how much art crime is going on in Australia” due to the fact that most crimes are not reported.

Dr. Hufnagel stated that there is not a strong focus on art crime research in Australia and that the last funded research related to art crime from a practical policing perspective was conducted in 1999 by a single individual, who was not granted sufficient resources to finalize his research, which undermined the effectiveness of his conclusions. Art crime is a very sensitive issue and cooperation is not only necessary between different law enforcement agencies, Dr. Hufnagel said, but also between the museums and galleries and police, which is probably even more difficult.  Police cooperation between Australia and neighboring countries concerning drug smuggling is relatively high, but unfortunately, when it reaches the bounds of art crime, the differences in culture seem to impede effective cooperation. Dr. Hufnagel compared this to the European Union, which has divisions of laws to each of the countries that do not aid fellow countries in the fight against art crime.

Speaking passionately about the need for appreciation of art crime, Dr. Hufnagel said, “Art is really important to our lives because our lives are so limited…art allows you experience a vast range of emotions, cultures and situations you could never perceive otherwise.” She intends to continue her research into art crime and to raise the field’s status in the realm of police enforcement with the hope that something will be done to further cooperation and collaboration in Australia and the European Union.

July 15, 2011

Arthur Tompkins on “Paying a Ransom: The Theft of 96 Rare Medals and the Reward Payments”

by Molly Cotter, ARCA Intern

Judge Arthur Tompkins opened the 3rd annual ARCA International Art Crime Conference with an engaging discussion on the positive and negative aspects of paying ransoms or rewards in order to recover stolen art. He utilized the 2007 theft of 96 rare medals from New Zealand’s National Army Museum, valued at NZ$5-$6 million, as a case study to examine the arguments in support of and against ransom payments. He first noted that readily paying a thief’s ransom may seem to be ideal solution. The art is returned quickly; it limits the potential for the work to be damaged; bad publicity for the institution is avoided; and the necessity of having to make, or pay out on, an insurance claim is prevented. In the New Zealand museum’s case, a substantial private reward was posted for information pertaining to the theft and the medals were returned within a few months.

Judge Arthur Tompkins
Amelia, Italy
Though this seems like a storybook ending, the arguments against ransom payments suggest that this behavior not only encourages, but endorses future crimes. If a ransom is paid or a reward given, the chance of a repeat offense is much greater. Also, it perpetuates the gentleman art thief myth, and reduces the level of moral turpitude attributable to the crime. Simply put by Judge Tompkins: “The thief is happy, the owner is happy, the police are happy, and some wealthy insurance company has paid, but will get its money back from its customers, so everyone wins.” The payer also becomes complicit in the crime, and the transparency of the transaction can be lessened.

Judge Tompkins also discussed the legal responses around the world to such crimes. In the most extreme examples such as in Italy and Colombia, ransom payments are illegal. Other countries only find it unlawful to offer a “no questions asked” reward; however, penalties for violating this often involve only a minimal fine.

A contemporary case-study of how ransom payments endorse crime is the activities of pirates off the coast of Somalia. As of mid December 2010, Somalia pirates were holding at least 35 ships, more than 650 hostages, and had earned nearly US$240 million through ransoms. Their system has become so sophisticated that there is even a piracy stock exchange, Judge Tompkins told the audience.

A systemized ransom/reward structure does encourage and sustain illegal activity, and the direct costs of recovering stolen art have a detrimental effect on collections and access to art, according to Judge Tompkins.  However, he noted, “Legal prohibitions of activities where there is a potential for profit involved, simply do not work,” and suggested that in an ideal world, a victimized individual or institution would pay the money, get the artwork returned, find and prosecute the thieves, and then recover the ransom payment.

July 14, 2011

ARCA's 2011 International Art Crime Conference: Mayor Riccardo Maraga Welcomed the Participants to Amelia

by Catherine Schofield Sezgin, Editor-in-chief

Mayor Riccardo Maraga welcomed participants of ARCA's third annual International Art Crime Conference to the Palazzo Boccarini in Amelia last Saturday, July 9.

When citizens of the 3,000 year old Umbrian town elected Maraga from the Democratic Party in May 2011, they voted in one of the youngest mayors in Italy.

A native of Amelia, Riccardo Maraga graduated in Law from the University of Perugia with a thesis on "Labor and the Constitution". Last October, he earned his doctorate in Economic Law.

Readers may find out more about the Mayor of Amelia and his projects through his website here and on his Facebook page where he announced on Tuesday that he has been selected as one of 40 Young European Leaders for a meeting in December to be held in Paris.

July 8, 2011

"Writers of Art Crime" to Speak at ARCA's Third Annual International Art Crime Conference in Amelia on July 9

Vernon Silver, Fabio Isman and Peter Watson will speak as part of a panel, "Writers of Art Crime" tomorrow at ARCA's third annual International Art Crime Conference in Amelia, Umbria.

Vernon Silver is author of The Lost Chalice, "The Real Life Chase for One of the World's Rarest Masterpieces - a Priceless, 2,500 year old Artifact Depicting the Fall of Troy". Silver, an Oxford-trained archaeologist and award-winning journalist, is a senior writer at Bloomberg News in Rome. The Lost Chalice can be immediately downloaded from the iTunes store.

Italian journalist Fabio Isman has published 32 books on subjects ranging from restoration to conservation. He is a contributor to the Giornale dell’Arte, The Art Newspaper, Art e Dossier, Bell’Italia. Through Skira, he published I Predatori dell’Arte Perduta, il Saccheggio dell’Archeologia in Italia (Predators of Lost Art, the Archeological Plunder of Italy, 2009), the only published study on the “Grande Razzia” (The Great Plunder) and illegal excavations, since 1970, of a million archeological finds in the country, many of which are found in noteworthy museums abroad.

Peter Watson, described as an intellectual historian and former journalist, is the co-author of The Medici Conspiracy: The Illicit Journey of Looted Antiquities From Italy's Tomb Raiders to the World's Greatest Museums, and author of Sotheby's: The Inside Story and The Caravaggio Conspiracy.

July 7, 2011

Leila Amineddoleh, Courtney McWhorter, Michelle D'Ippolito and Sarah Zimmer will form the panel “Fresh Perspectives on Art and Heritage Crime” at ARCA's Third Annual International Art Crime Conference in Amelia on July 10

"Fresh Perspectives on Art and Heritage Crime", a panel leading the schedule on the second day of ARCA's International Art Crime Conference, will feature Leila Aminddoleh, Courtney McWhorter, Michelle D'Ippolito, and Sarah Zimmer.

Leila Amineddoleh, an alumnus of ARCA’s postgraduate program and Boston College Law School, will present: “The Pillaging of the Abandoned Spanish Countryside”:
"Spain is rich in art treasures: artwork ranging from religious works, modern paintings, ancient architecture, Roman ruins, and Visigoth remnants are densely scattered across Spain’s cities and countryside. Whereas some of the art is world-renowned and protected, much of the art is still hidden in churches and in depopulated towns and is left vulnerable to damage and theft. Spain’s cache of hidden works has great cultural value to the Spanish cultural identity; however, these works are often misappropriated because their existence is virtually unknown or unprotected. This paper sets forth recommendations for Spain to follow to protect is patrimony, most importantly the necessity of creating an extensive catalogue, encompassing both State and Church property."
Leila Amineddoleh has twice published articles in the Art & Cultural Heritage Law Newsletter of the Art & Cultural Heritage Law Committee of the ABA Section of International Law, including “The Getty Museum’s Non-Victorious Bid to Keep the ‘Victorious Youth’ Bronze” (Winter 2011, Vol. III). She is currently Intellectual Property Legal Consultant at Independent Legal Counsel and Of Counsel at Lysaght, Lysaght & Ertel in New York.

Courtney McWhorter is currently completing her final year as an Honors student at Brigham Young University, for a Bachelors in Art History. She has worked as a teaching assistant and is an art student to John McNaughton. She has done extensive travel while studying abroad, visiting places such as Greece, Italy, Austria, and Belgium, as well as completing graduate courses while studying in Mexico. She is also a committee member of the Art History Association. Ms. McWhorter will present “Perception of Forgery According to the Role of Art”:
"How we view forgery is dependent upon how we view art as a society. In this paper I will argue that forgeries have been received differently according to the role art is playing at the time they are discovered. I will show how the role of art began changing during World War II, due to the looting of Nazi leaders, and how this affected forgery, using the case of the Van Meegeren forgeries as an example. I will show how art is valued today according to its historicity, rather than its aesthetic capabilities. Such a claim explains why forgeries could have once been acceptable, but now are not because they falsify history. They are placed into historical contexts where they do not fit and thereby misconstrue the public view of history. This paper is important because it shows that by understanding the perception of forgeries at certain periods, we can better understand the role of art and the values placed upon it in society."
Michelle D’Ippolito is completing her final year at the Univeristy of Maryland College Park, majoring in Anthropology with minors in Art History and French. She has interned for the Smithsonian Institution and the Department of the Interior, where she wrote an online course in basic museum collections care. Michelle has an article, “The Role of Museums in the Illegal Antiquities Market,” under review for publication. Ms. D’Ippolito will present “Discrepancies in Data: The Role of Museums in Recovering Stolen Works of Art”:
"The ability of investigative agencies like Interpol and the Federal Bureau of Investigation (FBI) to effectively recover stolen works of art depends in part on how comprehensive and complete their databases of stolen works are. The scope of these databases and their effectiveness in recovering artwork depends on how many reports of theft are submitted by museums to the investigative agencies. This paper looks at the various influences that inform a museum’s response to theft, including sending in reports of theft. It examines how a concern with public image and a lack of funding affect the resources museums have at their disposal to handle museum theft and provides some strategies to improve the deterrence of museum theft worldwide."
Sarah Zimmer is a part-time faculty member in the Photography department of the Art Institute of Michigan. She has studied in both the United States and Italy.  She graduated from the Cranbrook Academy of Art in 2010 with a Masters of Fine Arts in Photography. Ms. Zimmer's works of art have appeared in many different exhibitions, including two solo exhibitions: “Presenting” at Four White Walls in Phoenix, Arizona, in 2005, and “Presence” at the Galleria La Corte in Florence, Italy, in 2007. Ms. Zimmer will present “The Investigation of Object TH 1988.18: Rembrandt’s 100 Guilder Print”.
In 2008, while working at an archive of an unnamed institution it was discovered that an etching by Rembrandt van Rijn was missing from the collection. According to a letter on file it was approved to be sent out for restoration in 1998. However, no record was ever found to confirm that it was sent out for treatment. It was last accounted for in a 1990 inventory. Months were dedicated to digging through files and paperwork. After attempting to track the object starting with its provenance, port of entry, and adoption into the collection, the paper work dropped off and a more rigorous search began. Emails were sent and searches commenced, until one afternoon in 2009 I received a letter from the head of the institution asking me to halt the investigation with no explanation offered. While the particular piece’s rarity and monetary value hold no comparison to the Rembrandt cut from its frame during the 1990 Gardener Museum heist, the unnamed institution continues to guard the knowledge of the prints disappearance. This object and the circumstances that ensued led me to further investigate and explore a larger system of values using Rembrandt as a model. I began by questioning the institutional value of maintaining the secret of a missing artwork that was not of any particular rarity or monetary significance.

July 6, 2011

Wednesday, July 06, 2011 - , No comments

Maria Elena Versari, Annika Kuhn, Elena Franchi and Charlotte Woodhead will be on the panel "Historical Perspectives on Looting and Recovery" at ARCA's Third Annual Art Crime Conference in Amelia on July 9th

"Historical Perspectives on Looting and Recovery", the third panel at ARCA's International Art Crime Conference in Amelia, will feature Maria Elena Versari, Annika Kuhn, Elena Franchi and Charlotte Woodhead.

Maria Elena Versari, the Assistant Professor of Modern European Art and Architecture at the University of North Florida, will discuss "Iconoclasm by (Legal) Proxy: Restoration, Legislation and the Ideological Decay of Fascist Ruins":
"This paper addresses the ways in which the architectural and artistic production created under Fascism has been perceived, legally defined and handled by subsequent governments and authorities and how the status of iconoclastic actions against these works has changed over time. It focuses specifically on the way in which Fascist architecture offers a significant example of how the fate of politically tainted works challenges the conceptual boundaries that define the distance between legal and illegal, approved and criminal actions in the art world."
After graduating with her PhD from Scuola Normale Superiore in Pisa, Dr. Versari has taught in both Italy and the United States and published many scholarly works, including Constantin Brancusi (Florence: Scala Group/Rome: L’Espresso, 2005) and Wassily Kandinsky e l’astrattismo (Florence: Scala Group, 2007). In addition to teaching, she is currently a member of the Advisory Board for the online journal Art in Translation.

Annika Kuhn, is a Fellow of the Mercator Kolleg on International Affairs (German Academic Foundation/Federal Foreign Office), conducting research on the illicit trafficking and repatriation of antiquities.  Dr. Kuhn holds a DPhil in Ancient History from the University of Oxford. She will present “The Looting of Cultural Property: A View from Classical Antiquity”:
"The destruction and pillage of cultural property in times of war and peace reach far back in history, to the Greek and Roman periods – be it the excessive looting of Greek temples during the Persian Wars or Nero’s large-scale thefts of statues. This paper will examine ancient approaches to and discourses on the plundering of works of art and investigate early concepts of the protection of cultural objects as media of a collective memory and identity. By discussing selected historical examples, I will particularly focus on the different forms of ancient responses to the loss of significant religious and cultural artifacts, which range from the diplomatic negotiation of returns, the repatriation of looted property as symbolic political acts, the restoration of the religious and cultural order by the use of replicas as well as early antecedents of the ‘codification’ of norms to respect the inviolability of religious and cultural sites and prohibit the illicit appropriation of art. The parallels and differences which the ancient paradigms reveal with regard to modern concerns about cultural heritage will shed some new light on the complex nexus of political, religious, cultural and moral issues involved in debates over the protection of cultural property."
Elena Franchi is the author of two books on the protection of Italian cultural heritage during the Second World War: I viaggi dell’assunta: La protezione del patrimonio artistico veneziano durante i conflitti mondiali (Pisa, Edizioni PLUS, 2010), and Arte in assetto di guerra: Protezione e distruzione del patrimonio artistico a Pisa durante la seconda guerra mondiale (Pisa, ETS, 2006). She has been involved in a project on the study of “Kunstschutz”, a German military unit created for the protection of cultural heritage during the war. In 2009 she was nominated for an Emmy Award - “Research” for the American documentary The Rape of Europa, 2006, filmmakers Richard Berge, Bonni Cohen e Nicole Newnham, on the spoils of works of art in Europe during the Second World War.  Ms. Franchi will present “Under the Protection of the Holy See: The Florentine Works of Art and Their Moving to Alto Adige in 1944”.

Charlotte Woodhead, an Assistant Professor at the University of Warwick will present “Assessing the Moral Strength of Holocaust Art Restitution Claims”:
"This paper will analyze recent recommendations of the United Kingdom’s Spoliation Advisory Panel, which hears claims relating to World War II spoliation of cultural objects, and in particular the different aspects of the moral considerations. It will focus on the two primary considerations of the Panel: the circumstances in which the pre-war owner lost possession of the object (the immorality of deprivation) and any moral obligation of the institution in terms of the circumstances in which they acquired the object (the immorality of acquisition). However, other matters appear to influence the moral strength of the claimants’ claims or the remedy, which they receive. In cases where the claimants or their forbears received post-war compensation the Panel also analyses any potential unjust enrichment of claimants were the object to be returned or monetary recompense awarded. The public interest in the cultural object is also a consideration when determining whether or not to return the object rather than to make a financial award. This paper will analyze how far the Panel’s decisions differ from those which would be based on purely legal considerations (assuming the absence of statutes of limitation) and will make some comparisons with similar panels set up abroad to deal with the restitution of spoliated cultural objects."

Charlotte Woodhead's research focuses on cultural heritage law and in particular the recognition and enforcement of property rights in respect of objects of cultural heritage. She has written articles on the restitution and repatriation of objects from museum collections including the work of the Spoliation Advisory Panel and the repatriation of human remains. She is currently pursuing doctoral studies in cultural heritage at the University of Leicester.

July 5, 2011

Laurie Rush, Duncan Chappell, and Phyllis Callina will be on the panel "Perspectives on Forgery and the Local Impact of Heritage Crime" at ARCA's Third Annual International Art Crime Conference in Amelia on July 9

The second panel at ARCA's Third Annual International Art Crime Conference in Amelia on July 9th and 10th will be titled "Perspectives on Forgery and the Local Impact of Heritage Crime."

Laurie Rush, the Booth Family Rome Prize Winner in Historic Preservation at the American Academy in Rome, will present “Art Crime: Effects of a Global Issue at the Community Level”:
"The market for works of art and objects that are acquired using illegal methods has much more than a passive effect on conflict and social disorder in situations of stress around the world. Examples of the influence of the market on behavior at the local level will be used to illustrate how looting and theft actively contribute to instability and in some cases disintegration of the community fabric at the local level. Likewise, there are also examples where measures to prevent art crime offer valuable support and potential partnership for the hard work required when the goals are conflict resolution, social order, and stability."
Dr. Rush has been the installation archaeologist and running the cultural resources program at Fort Drum, NY in support of the US Army Tenth Mountain Division since 1998. Her degrees include a BA from Indiana University Bloomington and an MA and PhD from Northwestern. Her programs and work have won numerous defense and collegial awards. Dr. Rush is the editor of the new book, Archaeology, Cultural Property, and the Military.

Duncan Chappell, the Chair of the CEPS (Centre of Excellence in Policing and Security) International Advisory Board and an Adjunct Professor in the Sydney Law School at the University of Sydney will discuss “Forgery of Australian Aboriginal Art”:
"This paper explores the problem of frauds and fakes in the contemporary Australian Aboriginal art market. For Aboriginal people art plays in particular an important spiritual role in portraying the beliefs and traditions of the ‘dreamtime’- events of the ancient era of creation from which have sprung continuing ceremonies and motifs now perpetuated in modern paintings and other art forms. Art has also become a major source of income for many Aboriginal communities and individuals. Thus when the integrity of that art is challenged by allegations of fraud and fakery it is vital to explore the veracity of these claims and the responses made to them. In the paper particular attention is devoted to those responses made through both the criminal and civil systems of justice in Australia. The conclusion is reached that at present the Australian legal system, and its principal actors such as police and prosecutors, are poorly equipped to deal with problematic works in the Indigenous art market- a situation that is probably not unique to Australia and which will take considerable time and far more imaginative and assertive solutions to remedy."
Since receiving his PhD from the University of Cambridge in 1965, Dr. Chappell has held many academic and professional positions including Adjunct Professor at Simon Fraser University in Vancouver, British Columbia, and President of the New South Wales Mental Health Review Tribunal (2001-2006). Chappell has published extensively on topics in the criminal world including Violence at Work (3rd edition; Geneva: International Labor Office, 2006) which he co-wrote with Vittorio Di Martino.

Phyllis Callina is a PhD candidate in Ancient History at Swansea University focusing on the protection of cultural property, collecting histories, and the impact of forgeries on the archaeological record. She will present “Historic Forgeries”:
"While laws and regulations such as the 1970 UNESCO Convention may have some influence in protecting against illicit antiquities trading, they do nothing to protect the archaeological record from what I term “historic forgeries.” Historic forgeries were created before the 20th century and, because they have existed for up to a few hundred years in museums and private collections, have established collecting histories that the average scholar or collector would not question. This study provides a cursory look at the volume of historic forgeries that lie unknown in the corpus of antiquities and the danger they pose to the archaeological record. This study also proposes that the quiet and successful existence of these historic forgeries is due largely to the social context within which they were created and in which their collecting histories were developed. The examination of several verified cases of historic forgeries is utilized to analyze the contemporaneous contexts of the forgeries and the structures of their collecting histories, and to present possible solutions for ferreting out additional cases."
Ms. Callina works as an environmental archaeologist for Jacobs Engineering, Inc. and as a Collections Manager at the Alaska Museum of Natural History in Anchorage, Alaska. She also serves as an Antiquities Consultant for U.S. Customs and Border Protection.

July 1, 2011

Friday, July 01, 2011 - No comments

ARCA's Postgraduate Program in International Art Crime Studies and Cultural Heritage Protection

Recent thefts from the Cairo Museum in Egypt and the return of the limestone and marble Goddess to Aidone in Sicily underscore the importance of art and cultural heritage. This summer ARCA (The Association for Research into Crimes against Art) is in Amelia for lectures, a summer program, and an international conference. At the beginning of June, the program convened in Umbria, a small but vibrant town which embraces the program. Umbria and the surrounding countryside are an open-air museum which allows the enjoyment and study of cultural heritage and its protection in a setting and region where the past and its heritage are so integral to daily life.

ARCA’s Postgraduate Program in Art Crime and Cultural Heritage Protection will run for the third year this summer. Courses include discussion of Art and Antiquities Law and Policy, the History of Art Crime, Art History and the Art World, Art Crime and Organised Crime, Illicit Antiquities, Investigation and Art Insurance, and Museum and Art Security. This year there are nearly thirty students who form a cosmopolitan group. Their background includes the arts, journalism, law, archaeology, teaching, and military service. They come to Amelia from Germany, Spain, Canada, Bermuda, and the United States.

This year ARCA is fortunate to have two writers-in-residence join us. The first is Neil Brodie, an archaeologist and a leading voice in the urge for action to prevent the loss of archaeological context. The other is Lawrence Rothfield, an Associate Professor at the University of Chicago Department of English and co-founder of its Cultural Policy Center. He authored The Rape of Mesopotamia (University of Chicago Press, 2009), which offers a behind-the-scenes look at the causes for the failure of U.S. forces to secure the Iraq National Museum and protect the country's archaeological sites from looters in the wake of the 2003 invasion.

June 13, 2011

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ARCA Staff Profile: Intern Jessica Nielson Editing ARCA's First Title Under Its Own Imprint, "The Thefts of the Mona Lisa: On Stealing the World's Most Famous Painting" by Noah Charney

ARCA Blog Editor-in-Chief Catherine Schofield Sezgin 'talks' with ARCA Intern Jessica Nielsen.

Jessica Nielsen
Jessica Nielsen is one of the summer interns for ARCA, working on editing, publishing and publicizing ARCA’s first title under its own imprint, Noah Charney's The Thefts of the Mona Lisa: On Stealing the World’s Most Famous Painting. She has a BA in Art History and History and a Masters of Architecture, and has had varied experiences in arts administration, philanthropy and design. She is currently working on revising her first draft of a novel involving forgery and deception. Jessica lives in Chicago with her husband and two children.

What area of art crime do you enjoy following (reading, researching)?
Jessica: I am most interested in perceptions of value in the art market; how it is established, protected and manipulated, and cases which involve forgery and fraud. I have been reading every thing that I can find about the subject – both fiction and non-fiction for years.
My favorite place to sit in Amelia is the patio of Bar Leonardi. Do you have a favorite place?
Jessica: I don’t have a favorite place yet for sitting. But I took a long walk this morning on the footpath just outside the walls and drank in the early morning sounds, sights and smells and decided that it would be my morning ritual. 
When I first went to Amelia in 2009, I was astounded by the cleanliness of the town and the beauty of the views of the surrounding countryside. What was your initial impression of Amelia? 
Jessica: My first impression was of a historic small and friendly town with a lot of charm. That hasn’t changed. Just doing errands here has been a pleasure. I love living in Italy and have twice lived in Rome ¬– but I’m a city person so living in a small town in the country is a new experience for me – I think I’ll really enjoy it.
What are your expectations for this summer?
Jessica: I am hoping that it will be a fun couple of months of working, learning and meeting new people. I would like Noah’s book to be a success and a strong foundation for more titles to be published by ARCA and I want to find some time to work on my own manuscript too.
And, of course, Amelia has lots of venues for live music. Do you play an instrument or sing?
Jessica: Only at Christmas; then I’ll sit at the piano and play a few carols to get in the holiday spirit.

June 9, 2011

Thursday, June 09, 2011 - , No comments

ARCA Staff Profile: Summer Resident Intern Kirsten Hower Assists on the Third Annual International Art Crime Conference in Amelia

Kirsten Hower in Florence
ARCA Editor Catherine Schofield Sezgin 'talks' with summer resident intern Kirsten Hower.

Kirsten Hower is one of the summer resident interns for ARCA, specializing in research and helping to organize events as well as writing for ARCA. She received her B.A. in Art History from Washington College in 2010, graduating with departmental honors, and recently completed a year long post-baccalaureate program at Studio Arts Center International (SACI) in Florence, Italy, where she completed a thesis on the flow of religious reform ideas through the influence on artists. This fall she will be starting the MLitt program in the Arts of Europe at Christie's Education in London, England.

What area of art crime do you enjoy following (reading, researching)?
Kirsten: I really enjoy the quirky stories behind the thefts, such as the theft of Goya's "Portrait of the Duke of Wellington" from London's National Gallery in 1961 and the resulting trial. I also really enjoy reading about incidents of iconoclasm and the beliefs that push people to do such things to art.
My favorite place to sit in Amelia is the patio of Bar Leonardi. Do you have a favorite place?
Kirsten: I'm very much a fan of sitting in front of Bar Leonardi, especially for appertivos and watching the sun set behind the walls of Amelia. But I think my favorite place would be the "Bond Bar" which is the house of one of the students this summer. It's a gorgeous gardened backyard that overlooks the surrounding countryside and it's perfect for a bottle of wine and great conversation.
When I first went to Amelia in 2009, I was astounded by the cleanliness of the town and the beauty of the views of the surrounding countryside. What was your initial impression of Amelia?
Kirsten: Fortunately, this is my second time visiting Amelia (I presented at the conference last year) and both times I have been amazed by how picturesque the town is and how warm and friendly the town is. I grew up in a small town, and everyone was always friendly, but Amelia has a certain charm that is all it's own.
What are your expectations for this summer?
Kirsten: I'm expecting to thoroughly enjoy myself while I'm here--which I already am. I'm hoping to get a lot of work and writing done, in combination with my ARCA projects and my own personal research. I'm looking forward to joining the students on their field trips and sitting in on some of the classes. I'm also really excited to attend the conference, more so this year because I'm helping to organize it so it will be overwhelming to see it come to fruition.
And, of course, Amelia has lots of venues for live music. Do you play an instrument or sing?
Kirsten: Unfortunately, or maybe fortunately, I neither sing in public nor do I play an instrument.

June 2, 2011

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ARCA 2011 Student Tanya Lervik Eyes the Insurance Companies and Art Crime

ARCA Blog: What is your academic background and how did you come to commit to a summer in Umbria studying art crime?
Tanya: I have a generalist background with a B.A. in French from the University of Wyoming and an M.B.A. from Thunderbird School of Global Management. While studying, I did stints as an exchange student for a year in France and a summer in China. Also, for the past fourteen years, I’ve had the great good fortune to travel fairly extensively in Europe and Asia with some of the world’s finest orchestral and choral musicians as part of my work with specialty tour operator, Classical Movements. Because of my long-term interest in art and culture, whenever possible I’ve taken advantage of opportunities to visit many museums along the way. My interest in studying art crime has developed over the years, but was first sparked while taking American Society of Appraisers courses on art and antiques appraisals. The topic came up in the context of establishing the provenance and value of objects, and had so many fascinating facets to consider that I was hooked! ARCA’s program seemed like a natural extension of this interest I’ve been pursuing on my own for years.
ARCA Blog: The program culminates in the writing of a publishable article. What area of art crime or cultural protection would you like to research?
Tanya: Though one might think art theft is a fairly narrow topic, in fact there are so many interesting aspects to this question that it could be hard to choose. However, I’m leaning toward finding a topic that focuses on the role of insurance industry in the arts and antiquities market because so many different factors come into play – establishing authenticity, provenance, evaluating risks of theft and damage, investigating losses, and seeking retrieval of lost or stolen items. Also, fortunately, the world seems to be increasingly aware of the problem of art looted during periods of war as well as through the opportunistic antiquities looting endemic in so many countries. I’m interested to know if and how the insurance industry may be responding to this trend.
ARCA Blog: Do you have a current fascination with an artist or period of art?
Tanya: I’m attracted to beauty throughout the world and throughout the ages. What I find most interesting is what happens when there is an exchange of ideas between cultures or eras - how has Asian art affected European art and vice versa, for example. My brain is wired to look for cross-disciplinary links as well. Italy is one country I’ve yet to explore, so I’m very excited to be spending an extended period in this historically important cradle of artistic ingenuity.

May 31, 2011

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ARCA 2011 Student Angela Kumar Returns to Amelia to Study History of Art Crime

by Catherine Schofield Sezgin, ARCA Blog Editor-in-chief

ARCA Blog: What is your academic background and how did you come to commit to a summer in Umbria studying art crime?
Angela: At Florida Atlantic University, I earned a Bachelor of Art History degree with a minor in French and interned for the University Galleries, as well as a local art gallery for which I continued working after graduating. After taking time off to start a family, I intended to return to pursue a master's degree in Liberal Studies followed by a PhD in Comparative Studies only to find that both programs had been eliminated due to budget cuts. Unsure what my next step should be, I remembered reading The Art Thief, by ARCA founder Noah Charney, and recalled there being a website for more information (artcrime.info). I was thrilled to learn about ARCA and the new Postgraduate Program in International Art Crime Studies that was being offered. This part of the history of art was not something that was ever covered in my undergraduate courses. The interdisciplinary approach, the intensive summer-long format and the beautiful, historic location in Umbria all made for an opportunity that I (and my young family) could not pass up.
ARCA Blog: The program culminates in the writing of a publishable article. What area of art crime or cultural protection would you like to research?
Angela: Because it was so lacking in my undergraduate coursework, I would love to develop a survey course in the History of Art Crime for our local university. Certainly, creating an awareness for those already passionate about studying art and its history would contribute to the future prevention of these crimes. Aside from that, I have always been interested in aesthetics and would love to explore how some of these principles might apply to the study of art crime, especially where art institutions, collectors and the art market are concerned. However, I am keeping an open mind. I know very little about criminology, cultural heritage protection laws or security and may decide on a new direction as the course progresses.
ARCA Blog: Do you have a current fascination with an artist or period of art?
Angela: Having studied Art History, I have a great appreciation for all periods of art and the contributions made by the respective artists to our understanding of past cultures and to artistic development. That said, I am very interested in where art is headed and what new developments might be made. Therefore, I am particularly excited about Contemporary Art.
ARCA Blog: Have you traveled or lived in Italy and what would you like to do there when you are not attending lectures?
Angela: I have previously visited Rome, Florence and Venice and had the opportunity to visit Amelia briefly last year. I am looking forward to sharing these great cities with my children and to exploring as many new places as we are able.

May 21, 2011

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ARCA 2011 Student Ariel Lavia Kern Attracted to ARCA's Interdisciplinary approach

Ariel Kern at the Egyptian Temple of Dendur at The Met
ARCA Blog: Ariel, what is your academic background and how did you come to commit to a summer in Umbria studying art crime?
ALK: I recently graduated from NYU’s Gallatin School of Individualized Study where I developed a major in Art and Social History, Law, and Literature. Through college I interned and worked in various fields, including a small museum, a library, an archeological dig, a law firm, and an auction house. 
A professor of mine told me about ARCA when I was starting to consider what I wanted to do after graduation. I soon realized that the ARCA Postgraduate program was perfect for me. I am comfortable with the interdisciplinary approach to learning I used as an undergraduate, and this program is the only way I could truly combine all of my interests to find the right career path for me.
ARCA Blog: The program culminates in the writing of a publishable article. What area of art crime or cultural protection would you like to research?
ALK: I am interested in researching the social motivations behind those who are involved with art crime. While there are obvious financial reasons, the social reasons are more obscure and not easily quantifiable. It is really an exploration of social perceptions and how those involved with the illicit end of the art world can use that to justify their actions. By understanding that we can begin to figure out ways of changing the ideas the wider public holds and cut down the justifications criminals use.
ARCA Blog: Do you have a current fascination with an artist or period of art?
ALK: It’s difficult to pick a specific artist or period, but I have always been interested in the decorative or practical arts like architecture, clothing and furniture. I originally realized I wanted to work in the art world when I first saw the medieval armor wing at the Metropolitan Museum of Art in New York. I was very young at the time, but my interests have not changed drastically since then.
ARCA Blog: Have you traveled or lived in Italy and what would you like to do there when you are not attending lectures?
ALK: I have not been to Italy before, so I am very excited to see all of the cities and sites that I have been reading about for years. With all of the running around, I would also like to immerse myself in the slower Italian lifestyle, so balancing my travel-bug with my wish to experience the culture will be interesting, to say the least.

May 14, 2011

ARCA 2011 Student Katherine Luer on Art History, Museum Security, Matisse, and Traveling in Italy

Katherine Luer inside one of the towers
of the Sagrada Familia in Barcelona.
ARCA Blog: What is your academic background and how did you come to commit to a summer in Umbria studying art crime?
Katherine Luer: I am just about to graduate from Georgetown University with my BA in Art History and minors in both Italian and Spanish. I've been interested in entering the field of art crime for several years now, and when I heard about the ARCA program about a year ago I knew it was exactly what I wanted to do after I graduated.
ARCA Blog: The program culminates in the writing of a publishable article. What area of art crime or cultural protection would you like to research?
Katherine Luer: I've worked as a security guard at a museum here in Washington and thus am highly interested in museum security. That being said, I someday hope to work with the FBI's Art Crime Team and so the history of such groups inside law enforcement (Scotland Yard, the carabinieri, etc) interests me as well.
ARCA Blog: Do you have a current fascination with an artist or period of art?
Katherine Luer: My great love has always been Matisse, but lately I've been enjoying the work of Modigliani, Munch and Klee as well. Any early modern work fascinates me.
ARCA Blog: Have you traveled or lived in Italy and what would you like to do there when you are not attending lectures?
Katherine Luer: I've traveled extensively all around the country and lived in the small town of Fiesole for several months. Regardless, I'd like to travel more, particularly in the south, and look forward to showing the other students some of my favorite towns!

May 9, 2011

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MoMA Meet and Greet with a Few Members of ARCA's 2011 Class

By Mark Durney, Business and Admissions Director

This past Friday I met with five students from ARCA's 2011 International Art Crime and Cultural Heritage Protection studies class - Tim Delanty, Perri Osattin, Ariel Kern, Zach Mattheus, and Marc Balcells Magrans - for the Museum of Modern Art's Target Free Night. Earlier in the day there was a queue of people along 53rd St. and around the corner of 6th Ave. waiting for the free admission doors to open. Fortunately, we didn't have to wait at all when we met up only a few hours later. 

The students had been to the museum countless times before; however, this time they were greeted by LJ Hartman, the MoMA's head of security, who warned them not to steal anything! With that in mind, we carefully wandered through the museum's painting and sculpture galleries while discussing Modigliani and Daumier forgeries as well as recent WWII restitution cases. During our visit, Zach Mattheus, a Brooklyn-based graphic designer (http://zachmattheus.com/), asked if there had been any intriguing art theft cases from the MoMA over the years. At the time I could not recall any high profile thefts from the MoMA. But, after looking through my archives over the weekend, I came across a case of 42 Warhol drawings that mysteriously vanished from the museum following a 1988 retrospective of the late artist's works. According to a New York Times report, the museum's insurer settled for $1.1 million with the works' lender, the Andy Warhol Foundation for the Visual Arts, in November 1993.

The evening wrapped up with the students discussing their motivations behind pursuing an education and professional training in art crime studies over drinks at the bar Faces and Names. Onward to Amelia!

May 4, 2011

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ARCA 2010 Alum Leila Amineddoleh Establishes the Art Law Group at Lysaght, Lysaght & Ertel in New York

Leila Amineddoleh inside a church in Cappadocia
This year ARCA 2010 Alum Leila Amineddoleh founded the Art Law Group at Lysaght, Lysaght & Ertel in New York. The group specializes in visual art and intellectual property. The acquisition and ownership of artwork involves many complex transactions, Ms. Amineddoleh told the ARCA Blog.
“The Art Law Group at Lysaght, Lysaght & Ertel counsels clients on all legal issues related to the acquisition, retention, and disposition of fine art, and rights to works of artistic creation. The firm handles litigation, alternate dispute resolution, and transactions that concern works of art, the art market, and the art world. It assists clients with the purchase, consignment, sale, and auction of art, organizing and implementing major exhibitions, structuring business agreements, drafting contracts, complying with customs procedures, recovering stolen work for collectors and insurance companies, and advising clients on criminal matters.”
The partners at Lysaght, Lysaght & Ertel approached Leila about joining the firm after she had returned from her studies with ARCA.
“The members of the firm have had great success in both litigation and transactional work, including recovering large monetary judgments in complex litigations. In addition, the founding partners of the firm are avid art collectors and involved in the art markets in both New York City and Chicago.”
ARCA Blog: What has been the most challenging part of forming a new practice group at a law firm?
Leila: The most difficult task is marketing the group. There are a few very well-known law firms in the US that have wonderful art law groups, and naturally clients turn to those firms first. Being the new kid in town is challenging, but we’re hoping that members of the art community will begin to recognize LLE as one of New York’s top art law firms.
ARCA Blog: What advantages does a smaller firm like LLE offer?
Leila: Because we’re a smaller firm, we have lower operating expenses, meaning that we’re able to charge less for our services. Clients will be able to get high-level work, but for lower prices.
ARCA Blog: How does an art law group function?
Leila: Basically, the same as any other group. Clients call us with questions about their legal situations, ranging from negotiating contracts between galleries and artists, litigating for the sale of paintings, filing trademarks, or dealing with criminal investigations regarding provenance. Clients can be very emotional about their legal issues, and it’s our job to analyze their situations rationally to find the best solution for each unique situation. We do our best to use legal tools to properly advise our clients and protect their interests.
ARCA Blog: Are your clients concerned about the provenance of their artworks? Are you ever asked to substantiate the ownership of an object or painting against claims of theft?
Leila: Clients are concerned about the provenance of their objects. Collectors are beginning to realize that provenance is extremely important. If they do not complete their due diligence of provenance research, they could have much bigger and more costly problems later down the line. In order to substantiate ownership, LLE works with provenance researchers in the US and Europe.
ARCA Blog: Do you see any issues regarding Holocaust-era art restitution?
Leila: I haven’t yet worked on any Holocaust-era art restitution cases, but it’s an area that I’m deeply interested in, and I would love to work on a matter related to World War II looted art.
ARCA Blog: Would you advise clients to document the history of ownership of their objects?
Leila: Certainly, it’s very necessary, and it’s a rule that I follow myself. As an art collector, I always research a piece’s history, and I keep dated receipts and information about where I purchased an object. It is necessary for clients to research the history of an artwork. If there isn’t a history attached to the piece, then purchasers should keep all current records: receipts, information about the seller of the object (whether it be a business card or name of the seller), etc.
ARCA Blog: In negotiation contracts between galleries and artists, what are some of the main concerns that have to be addressed?
Leila: As you can imagine, the artists are most concerned with their art. They need to be guaranteed that their art will be safe and protected against theft, fire, and damage. In addition, they need to be ensured that they will have unsold items returned and that they will receive proper credit for their work. And artists need to feel comfortable with their agents and galleries—they must know that these individuals respect their art and their craft.

On the other hand, gallery owners are most concerned about having products delivered to them. Artists have the reputation of being unreliable, and gallery owners need contracts that specifically set out dates and deadlines to ensure that artists deliver their works safely and securely with enough time for the galleries to properly organize shows.
To read more about LLE, you may visit their website: http://www.lysaghtlaw.com/.