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September 12, 2013
September 1, 2013
ARCA's Art & Cultural Heritage Conference 2013: Felicity Strong (University of Melbourne), Theodosia Latsi (Utrecht University) and Verity Algar (University College, London) presented in Panel 4
(Left to right): Kirsten Hower (moderator), Felicity Strong, Theodosia Latsi, and Verity Algar |
In the twentieth century, there has been the rise of depiction of the art forger in non-fiction biographies and memoir. Distinct from scholarly research, these depictions of individual art forgers have developed a common mythology, which weaves through each story of the art forger. The art forger is mythologised as a hero; the failed artists rallying against a corrupt art market, dominated by greedy art dealers and scholars. In Australian and British culture, this mythology has its roots in the wider mythology of hero criminal, such as in the stories of Robin Hood or Ned Kelly. It also feeds into a broader anti-intellectualism and mistrust of the establishment, particularly in contrast to the depiction of art curators and connoisseurs in the depictions. This mythology is evident in a number of biographies of notable forgers, such as Han van Meegeren and Elmyr de Hory, which intersect with the sub-genre of memoir, in the personal accounts of Tom Keating, Eric Hebborn and Ken Peryani. These accounts fuel the ability of the forgers to create their own public persona and feed into the wider mythology of the art forger. Analysis of non-fictional depictions of the art forger may offer an insight into why it is not considered as serious as other crimes and worth of closer scrutiny by the broader community.
Using two disparate case studies -- claims for the restitution of artworks confiscated by the Nazis being lodged by Jewish families and concerns regarding the presence Melanesian malanggan in Western museum collections -- I will discuss the importance of collective, or cultural memory in the context of making decisions about whether to restitute objects. The two cases can be differentiated by the approach to social memory taken by the groups involved. Many Jewish people are keen to have their property returned to them, whereas the people of New Ireland do not want the malanggan, which they spent months carving, returned to them. I discuss the problems that arise when legal definitions of ownership clash with cultural notions of property and illustrate this using Marie Altmann's successful restitution of five Klimt paintings from the Australian government and the malanggan example. I draw on the language of restitution claims and the display of Nazi-looted art at Israel's Yad Vashem museum and will apply Appadurai's theory that objects have "social lives" to overcome the dichotomy between the cultural value and monetary value of an object. I conclude that cultural memory is a useful concept to apply to restitution claims. Its impact can vastly differ from case to case, as illustrated by the divergent attitudes to memory and cultural property in the Jewish and Melanesian case studies. Cultural memory needs to be defined on a cultural-specific basis. The concept of cultural memory allows cultural objects to be part of the collective cultural memory of one group of people, whilst being legally owned by an individual.
July 1, 2013
From Inside Neolithic Walls: On Collaboration and Cooperation
Hong Kong police officer Toby Bull presents at ARCA's International Art Crime Conference in Amelia. (Photo by Illicit Cultural Property) |
April 13, 2013
German Government Agrees to Return Oskar Kokoschka's "Portrait of Tilla Durieux" to Flechtheim's Heirs
Oskar Kokoschka's "Portrait of Tilla Durieux" (1910) Museum Ludwig/Marcus Stroetzel via Bloomberg |
“Portrait of Tilla Durieux” (1910) has been in the Museum Ludwig in Cologne since 1976. Flechtheim’s great-nephew Mike Hulton, a medical doctor based in California, filed a claim for the painting’s restitution in 2008, saying the dealer sold it under duress and didn’t get a fair price. The museum said Flechtheim was already in financial trouble before the Nazis came to power and sold the painting to pay off debts.
“The view of the advisory commission is that this case cannot be exhaustively clarified,” the panel, led by former constitutional judge Jutta Limbach, said in a statement. “Because of an absence of concrete evidence, it is to be assumed that Alfred Flechtheim was forced to sell the disputed painting because he was persecuted.”
February 28, 2013
Boston's MFA's Provenance Curator Victoria Reed Lecturing Tonight at The Getty Center "Tales from an Art Detective: The Eventful Lives of Art Objects"
October 22, 2012
"Lady in Gold" author Anne-Marie O'Connor spoke of "an age of restitution" in Nazi-looted art disputes at Rutgers University
The Journal of Art Crime, Fall 2012: Review of Anne-Marie O'Connor's "The Lady in Gold: Extraordinary Tale of the Klimt Paintings"
In 1907, Gustav Klimt finished the portrait of 24-year-old Adele Bloch-Bauer, the wife of a wealthy art patron who lived across the square from Vienna's Fine Art Academy. In the same year, that same art school would reject Adolf Hitler's application for admission because he failed the drawing exam. More than three decades later, these two events collided when a Nazi stole this portrait from the home of Ferdinand Bloch-Bauer, a Jew who had fled Europe's great cultural center when Austria united with Hitler's fascist regime.
In Lady in Gold, the Extraordinary Tale of the Klimt Paintings, journalist Anne-Marie O'Connor tells the story of Portrait of Adele Bloch-Bauer I, which would sell for $135 million to an American in 2007. O'Connor first describes the relationship between Klimt, his Jewish art patrons, and the cultural environment in pre-Nazi Austria. From the point of view of the Bloch-Bauer family we are told of the collaboration between Austria and the German Nazis to loot Jewish art collections. The book concludes with the legal struggles of American attorney Randy Schoenberg to navigate the U. S. legal system and help Maria Altmann and the other surviving members of the Bloch-Bauer family to recovery four stolen Klimt paintings. It's a story of how a legitimate government corrupted legislation to steal from, and murder, its own citizens.
Against the backdrop of the murder of 6 million Jews, restitution of stolen art may seem unimportant, especially as newspapers today sport headlines of Jewish families recovering and then selling artworks for millions of dollars. Why is it so important that these paintings are returned to the families now? Weren't these issues of restitution settled decades ago when Allied forces discovered stolen art in the salt mines of Germany after the war? And why does the American legal system have to get involved in these cases, almost seven decades after armistice? Isn't this a metter for the government of Austria to decide? Lady in Gold answers these questions.
August 22, 2012
Book Review: "Hare with the Amber Eyes" Part II
Paperback: Picador/Farrar, Straus and Giroux, New York, 2010
I know that my family were Jewish, of course, and I know they were staggeringly rich, but I really don’t want to get into the sepia saga business, writing up some elegiac Mitteleuropa narrative of loss…. And I’m not entitled to nostalgia about all that lost wealth and glamour from a century ago.
I want to know what the relationship has been between this wooden object that I am rolling between my fingers – hard and tricky and Japanese – and where it has been. I want to be able to reach to the handle of the door and turn it and feel it open. I want to walk into each room where this object has lived, to feel the volume of the space, to know what pictures were on the walls, how the light fell from the windows. And I want to know whose hands it has been in, and what they felt about it and thought about it – if they thought about it. I want to know what it has witnessed.
Unfortunately the merest scratch of Japanese character is the only clue to the artist’s name, so I am unable to say who conceived, and in creamy ivory executed, the hold man horribly embarrassed by a cuttle-fish; the priest who made the soldier pick up a deer for him and laughed to think that the brisket would be his and the burden his companions…
Here's a link to Part I of this review. Here's a link to Part III of this review.
August 20, 2012
Book Review: "The Hare with Amber Eyes: A Family's Century of Art and Loss", Part I
I pick one up and turn it around in my fingers, weight it in the palm of my hand. If it is wood, chestnut or elm, it is even lighter than the ivory. You see the patina more easily on these wooden ones: there is a faint shine on the spine of the bridled wolf and on the tumbling acrobats locked in their embrace. The ivory ones come in shades of cream, every colour, in fact, but white. A few have inlaid eyes of amber or horn. Some of the older ones are slightly worn away: the haunch of the faun resting on leaves has lost its markings. There is a slight split, an almost imperceptible fault line on the cicada. Who dropped it? Where and when?
Carry is not quite the right word for having a netsuke in a pocket. It sounds too purposeful. A netsuke is so light and so small that it migrates and almost disappears amongst your keys and change. You simply forget that it is there.
I realize how much I care about how this hard-and-soft, losable object has survived. I need to find a way of unraveling its story. Owning this netsuke – inheriting them all – means I have been handed a responsibility to them and to the people who have owned them. I am unclear and discomfited about where the parameters of this responsibility might lie.
I know the bones of this journey from Iggie. I know that these netsuke were bought in Paris in the 1870s by a cousin of my great-grandfather called Charles Ephrussi. I know that he gave them as a wedding-present to my great-grandfather Victor von Ephrussi in Vienna at the turn of the century. I know the story of Anna, my great-grandmother’s maid, very well. And I know that they came with Iggie to Tokyo, of course, and were part of his life with Hiro.
June 19, 2012
Book Review (Part III): Anne-Marie O'Connor's "Lady in Gold: The Extraordinary Tale of Gustav Klimt's Masterpiece, Portrait of Adele Bloch-Baur
June 18, 2012
Book Review (Part II): Anne-Marie O'Connor's "Lady in Gold: The Extraordinary Tale of Gustav Klimt's Masterpiece, Portrait of Adele Bloch-Bauer
In 1898, 17-year-old Adele, the daughter of Viennese banker Moritz Bauer, meets her future husband Ferdinand Bloch when her older sister Therese marries Ferdinand’s younger brother. A few months later, an anarchist murders the free-spirited Empress Elisabeth, much admired by most of the Hapsburgs’ Austro-Hungarian Empire for her love of horses and her reluctance to participate in royal court politics. An era of stability is ending. A middle-aged Gustav Klimt, who is about to alienate his government sponsors, opens a ‘palace dedicated to Art Nouveau on the Ringstrasse’ for a group dubbed the Secessionists who wrote above the entrance “to every age its art; to art its freedom”.
June 17, 2012
Book Review (Part I): Anne-Marie O'Connor's "Lady in Gold: The Extraordinary Tale of Gustav Klimt's Masterpiece, Portrait of Adele Bloch-Bauer
November 3, 2011
Marc Masurovsky provides perspective on Lawsuit regarding disputed Modigliani painting "Seated Man with Cane'
Modigliani's "Seated Man with Cane" (1918) |
"Due to the paucity of information released to the public, there is potentially conflicting reporting on the story of the allegedly illicit sale of the Stettiner Modigliani in 1944. Artinfo states that Oscar Stettiner placed the painting in the care of Marcel Philippon before he fled to the unoccupied zone of France. If that is so, why would other articles allege that the Nazis appointed him as the administrator of Stettiner's assets? That makes no sense. Vichy was responsible for appointing non-Jewish overseers of Jewish-owned property. Sometimes, it was for liquidation purposes, other times to facilitate the transfer of ownership of those assets to an Aryan. The real question becomes: did Stettiner leave instructions to Philippon to dispose of the property or did Vichy instruct Philippon to do so? I am curious to know why it took 3 years to sell the painting after it had been placed under Philippon's management. Once the full historical docket is released, we can make a more informed decision about who's right and who's wrong in this instance."
March 23, 2011
Elizabeth Taylor and the Van Gogh Painting
Vincent Van Gogh's "View of the Asylum and Church at Saint-Remy/Sage Recovery |
Elizabeth Taylor, actress, film star and the founder of the Elizabeth Taylor AIDS Foundation, was also the owner of an 1889 painting by Vincent van Gogh, "View of the Asylum and Church at Saint-Remy", she had to assert legal ownership of in 2007 when the descendants of the former owners claimed that the painting had been stolen by the Nazis during World War II.
According to media reports here and here, the U.S. Court of Appeals for the Ninth Circuit in San Francisco affirmed Taylor's ownership of the painting that her father had purchased for her at Sotheby's in 1963. The heirs of the former owners had waited until 2004 to claim that the painting had been stolen although it had not been listed in any database for stolen or Holocaust-looted art database. I was wondering about this case this morning so I made unofficial inquiries through my experts on Holocaust looted art to get their opinion: although the strict interpretation of Military Law 59 'any transaction is null and void between 1933 and 1945 and the onus is on the good faith purchaser to demonstrate his or her good faith' but that conditions around the sale of the painting may not have constituted a forced sale. For me, this is the importance of using the courts to settle these disputes.
The photo for this painting was obtained from the website for Sage Recovery, which helps to recover objects looted during the Nazi era. Their review of the case can be found here.
March 19, 2011
"Human Rights and Cultural Heritage: from the Holocaust to the Haitian Earthquake" Scheduled for March 31 at Cardozo Law School in New York
Other organizers include the American Society of International Law, Lawyers' Committee for Cultural Heritage Preservation, and the Hofstra Law School Art and Cultural Heritage Club.
You may read the day's schedule and register here.
Those speakers who have appeared in previous posts on the blog include: Marc Masurovsky, Co-Founder of the Holocaust Art Restitution Project; Howard N. Spiegler, Partner and Co-Chair of the Art Law Group, Herrick, Feinstein LLP; Patricia K. Grimsted, Senior Research Associate, Harvard Ukrainian Research Institute and International Institute of Social History; and Jennifer A. Kreder, Professor of Law, Salmon P. Chase College of Law.
March 13, 2011
Museums and Nazi-looted Art: Washington Principles vs. Terezin Declaration
Nazi-looted Art Provenance: Emily Blyze on Museum Guidelines
Part three of a five-part weekend series
The crucial purpose of the European Shoah Legacy Institute in Terezin (Terezin Institute) is to follow up on the work of the Prague Conference and the Terezin Declaration. Initiated by the Czech Government, the Terezin Institute is a voluntary forum that facilitates an intergovernmental effort to develop non-binding guidelines and best practices for restitution and compensation of wrongfully seized immovable property. The priorities of the Terezin Institute will be to publish regular reports on activities related to the Terezin Declaration, develop websites to facilitate sharing of information, particularly in the fields of art provenance, as well as maintain and post lists of websites useful for Participating States, organizations representing Holocaust (Shoah) survivors and Nazi victims, and other non-governmental organizations (NGO).
Working Groups (WG) are composed of representatives of institutions with fundamental activities, field experience and research results related to the principal topics of the WG agenda. Each WG has two Co-Chairs (one from the Czech Republic and one from abroad) who are responsible for the overall planning and management of the agenda and schedule. The WGs established are Holocaust Education, Remembrance and Research, Immovable Property (Private and Communal), Looted Art, Judaica and Jewish Cultural Property, and a Special Session – Caring for Victims of Nazism and Their Legacy. Responsibilities of a WG are to prepare the agenda of the expert portion of the Prague conference, discuss the important focal points of their agenda, suggest the framework for presentations at the Prague conference, and draft recommendation for the final declaration.
The Looted Art Working Group prepared expert conclusions that acknowledges the Washington Principles, but “affirms the urgent needs to broaden, deepen and sustain these (Washington Principles) efforts in order to ensure just and fair solutions regarding cultural property looted during the Holocaust era and its aftermath."
March 12, 2011
A Primer on Nazi-Looted Art Provenance: Emily Blyze on the Guidelines Established by Museums
Legal claims by heirs of Holocaust victims whose art works were looted by the Nazis, and claims by foreign “source” countries for objects they believe were exported in violation of patrimony or export laws, have raised awareness of the need for provenance research in regard to due diligence in acquiring works of art. Provenance research has now become the concern of many persons inside and outside the museum profession. This article will discuss the doctrines that have been created and established as common practice to guide museums to the proper handling and protocol for Nazi-looted art. The focus is on the guidelines of Nazi-Era provenance research, specifically addressing the 1998 Washington Principles and the more recent Terezin Declaration, as well as concentrating on the steps museums have taken as a result of the established guidelines. This is the first of a five part series.
In 2009, a Roman newspaper reported that two fingers and a tooth removed from the corpse of Galileo Galilei had been found and would be displayed in an Italian museum. In 1737, three fingers, a vertebra, and a tooth had been removed from the astronomer’s body 95 years after his death as his corpse was being moved to a monumental tomb opposite that of Michelangelo in Santa Croce Basilica in Florence. One of the fingers recovered is part of the collection of the Institute and Museum of the History of Science (IMSS), in Florence. The vertebra is kept at the University of Padua where Galileo taught -- until the Vatican branded him a heretic for proposing that the Earth revolved around the sun. The tooth and the other two fingers from the scientist's right hand (the thumb and a middle finger) were coveted by an Italian marquis, enclosed in a container, and passed down from generation-to-generation, until it turned up at auction and was purchased by a private collector, intrigued by the contents but not sure they were Galileo’s relics. The relics were inside an 18th-century blown-glass vase within a wooden case topped with a wooden bust of Galileo. The buyer eventually contacted Paoloa Galluzzi, Director of the IMSS, and other Florence culture officials. Using detailed historical documents, as well as documentation from the family who had owned the body parts, they concluded the fingers and tooth had belonged to Galileo.
This story is an example of how the use of detailed documents from the museum and the family helped identify the ownership history of Galileo’s literal travel through time. The technical museum term for ownership history is “provenance.” When associated with a painting or other work of art, provenance means the history of ownership. Tracing the provenance of a painting traditionally has been a responsibility of museum curators. But that has changed in recent years, with the growth of the Internet, the availability of records from Eastern Europe and the former Soviet Union, and publicity surrounding high profile cases of Jewish-owned art stolen by Nazi officials. Legal claims by heirs of Holocaust victims whose art works were looted or otherwise misappropriated by the Nazis, and claims by foreign “source” countries for objects they believe were exported in violation of patrimony or export laws, have raised awareness of the need for provenance research in regard to due diligence in acquiring works of art. Provenance research has now become the concern of many persons inside and outside the museum profession.
Doctrines have been created and established as common practice to guide museums in the proper handling and protocol for Nazi-looted art from 1933 to 1945. The museum community has met over recent years to provide guidelines for Nazi-Era provenance research include the 1998 Washington Principles and the more recent Terezin Declaration. Why now? Awareness through articles, books and conferences during the early 1990s focused attention on this topic. The reunification of Germany, collapse of the Soviet Union, and the declassification of archival documents in the United States, together brought about a major resurgence of interest in Nazi looted art. Books such as Lynn H. Nicholas’s The Rape of Europa published in 1994 and Jonathan Petropoulous’s, Art as Politics in the Third Reich (1996) and The Faustian Bargain (2000) left readers with in-depth research of details and unflinching accounts of the art world during World War II.
A conference on January 19-21, 1995, “The Spoils of War – World War II and Its Aftermath: The Loss, Reappearance, and Recovery of Cultural Property,” organized by the Bard Graduate Center for Studies in the Decorative Arts, provided the first forum on the subject. The conference dealt with the art and other cultural property that was looted, damaged, and destroyed in vast quantities by the Nazi armed forces and confiscation agencies and the consequences that ensued. Approximately 70 speakers and guest participants representing more than 15 countries discussed publicly their concerns about World War II recovery and restitution. The outcome was the 1997 publication of The Spoils of War by Elizabeth Simpson which reproduces the papers presented at the conference. Seventeen key legal documents that are often referred to, but rarely reproduced, have been added as appendices. The appendices contain relevant provisions of all major international treaties, laws, conventions, protocols, and official statements relating to wartime plunder, restitution, and repatriation.
Part two will be posted later today.
March 4, 2011
Videos of Marc Masurovsky of the Cultural Plunder Database Speaking in Florida on the unfinished work of returning Nazi-looted art to the rightful owners some 65 years after the war
Marc Masurovsky |
He later says, "Restitution, or justice for the victim, has been left to lawyers and judges, history has taken a back seat to the rule of law, a bit like taking a square peg and shoving it into a round hole: not practical, not efficient, but there we are."
To be fair, justice has been done in a small number of instances, Masurovsky says, after years of battle against "hardened defendants" whether they be wealthy individuals, museums, or governments:
"Holocaust survivors are dying in growing numbers every day, their children and grandchildren are not intimately connected to their issues, for obvious reasons, sometimes they know, most times they don't. Those who seem to be riding out the storm well and even better are the dealers, the collectors, the museums, and the institutions that buy, sell, trade, display, harbor these works and objects which really are three-dimensional reminders of past genocide and ethnocides. In at least 90% of these cases, the crime of plunder pays off very well with handsome returns on the investment."
He encouraged his audience (and now our readers): "If you do own or buy or receive works of objects produced before the early 1940s, you have the same duty to ask the same questions as if you were buying a car: who owned it before? is it kosher? do you have good title? was it ever stolen?"
Listen to the videos now for a compelling and passionate argument for returning stolen art to its rightful owners and the steps we can all take to participate.
February 1, 2011
The Journal of Art Crime: Contributor Minton on Art Restitution of Nazi-era Looted Art
“Art restitution is one of the few ways to make reparations to the many victims of the treacheries of World War II. Victims of Nazi-era art theft and their heirs should be able to successfully bring actions in the United States to recovery their possessions as this is usually one of the last options available for recovery. Claims concerning art restitution should be heard in U. S. courts and the statue of limitations and the U. S. Department of State’s Statement of Interest should not be used to preclude adjudication on the merits of these cases. The Court should assert their independence and refuse to dismiss these cases. Recent art restitution settlements and the U. S. Supreme Court’s current involvement shed light onto this topic and help the victims of art theft reclaim what rightfully belongs to them.”
Ms. Minton: In 2010 the World Jewish Restitution Organization found that out of many named Eastern European countries including Belarus, Bosnia, Bulgaria, Estonia, Hungary, Latvia, Lithuania, Macedonia, Poland, Romania, Serbia, Slovenia and the Ukraine, only the Czech Republic and Slovakia had both enacted restitution laws governing art and were conducting provenance research. This is an important point as the former Soviet Union indirectly looted the Jews of their art which was confiscated and collected by the Germans during World War II. In many cases there are no records or unreliable records to prove provenance. With artwork now popping up in the United States with more frequency (whether on the auction block, in a museum or in a private collection) rightful claimants are able seek restitution in the U.S. Courts where the statute of limitations may have run out in European countries. Historically the European courts have sided with those that could prove they acquired looted works in “good faith”. Because of the complication in these legal cases involving issues such as the statute of limitations, international law and provenance determination, I believe you will see a general rise of interest in art law from the public. I first became fascinated by the procedural problems in my International Litigation class at Catholic University of America Law School in Washington, D.C. and continued my research after graduation.
Ms. Minton: In 2003, fourteen of Malevich’s works appeared for the first time in the U.S. On loan from the Stedelijk Museum in Amsterdam, they were part of an exhibition at New York’s Solomon R. Guggenheim Museum. How did this happen? Malevich became a Master of “Suprematism” in Moscow in 1915. In 1927 the Soviet government demanded he return to St. Petersburg when he was exhibiting his work at the Great Berlin Art Exhibition. The works were left behind with friends and he never returned to Germany, dying in 1935. Little is known how these works were scattered across Europe and then to Canada and the United States except that dozens of pieces were sold by a German architect to the museum in Amsterdam. So, yes, some of the art left behind was sold, at least a portion of it. Where and when these and other looted works will appear is part of the larger story of art restitution and its eventual rise in art law.
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