We might forgive the casual observer’s relaxed views of art forgers. Perhaps because many of us, on some level, love an outlaw. Tales of art forgers have been popular: Clifford Irving’s Fake! (1969) examined the life of notorious art faker Elmyr de Höry. Orson Welles’ documentary examination of creation and storytelling F for Fake (1973) still cuts to the heart of what it means to make art. Done well, portrayals of art forgery force us to question the aesthetic experience. Yet many fail to acknowledge the underlying wrongdoing. Putting aside their colorful stories and backgrounds, all art counterfeiters are creating an elaborate lie. These individuals defraud our collective cultural heritage by distorting the body of work that artists have created. Prof. John Henry Merryman has called art counterfeiters “cultural vandals”. Those who watch the new documentary, Art and Craft, will first want to mark its subject as a vandal, but by the end may feel differently about him.
The documentary offers a terrific examination of the complicated predicament Landis gifted to at least 46 museums in 20 States. And does so by allowing the museum staff and Landis himself to tell us how he was able to fool so many for so long.
Landis would forge works with skill, such skill that he was able to use surprisingly inexpensive materials. But rather than sell his works, he would pose as a donor and give away his forged work. Most recently he impersonated a Jesuit priest. In the past he would pretend to come from old money. He would arrive at mostly small to mid-size art museums in his deceased mother’s cadillac and give his forged creations away. The documentary film, directed by Sam Cullman and Jennifer Grausman, with Mark Becker co-directing, gives us a first-hand view of how Landis creates forgeries and shows him giving them away. Viewers will come away with different impressions of the man. Landis battles anxiety, schizophrenia, and other mental illnesses. In scenes where he describes his day-to-day well-being to doctors and caregivers, he’s asked how he stays busy, how he engages with the world.
Landis forges with simple materials: instant coffee, cheap frames, plywood, photocopies, some paint and most of all clever technique. His materials are purchased from chain hobby and home improvement stores. The man who finally caught Landis was Mat Leininger, a former Registrar at the Oklahoma City Museum of Art The filmmakers hint at but don’t quite dive in to the tricky question of whether Leinenger’s pursuit of Landis and his forgeries made his employers at the Cincinnati Art Museum uncomfortable, or if there were other reasons for his dismissal. But for much of the film Leininger offer’s Prof. Merryman’s position, basically pointing out Landis’s wrongdoing, and expressing frustration at how difficult it can be to convince some museum staff that they have been fooled. Special praise should go to those curators who were willing to be filmed on camera after having been fooled.
How much has antiquities looting contributed to funding ISIS? There are a lot of speculative reports out there, but due to the nature of the illicit antiquities trade, and the dearth of first hand reporting the situation remains murky. There seems to be a good opportunity given what we know about the unscrupulous portions of the trade.
Michael Danti in an interview with Rachel Martin for All Things Considered summarizes the second and third hand accounts he’s heard:
MARTIN: Obviously this is part of the world that has a long history with cultural looting and the illegal excavation of antiquities, the sale of those treasures on the black market. How is what’s happening now different than other chapters of this kind of theft and destruction?
DANTI: Well, we’re used to, unfortunately, accustomed to seeing cultural heritage crimes in Iraq. What’s different with Syria is this scale of built heritage in Syria; old city neighborhood in Aleppo, Damascus, Homs and Hamas – neighborhoods that date back 4, 5, 600 years. The number of standing Hellenistic Roman and Byzantine architectural remains there are throughout the country; there’s so much that’s exposed to collateral or intentional damage through combat. There’s damage from vandalism. There are archaeological looters moving in and excavating into the sites. And then there’s just the inevitable destruction that’s caused by neglect because preservation specialists can’t come in and work at the sites and maintain them.
The sliver of good news that I see is the different tone coming from the State Department with respect to heritage issues. Last week Secretary of State John Kerry announced the State Department would partner with the American Schools of Orient Research to document threats to cultural heritage sites in Iraq and Syria.
From Kerry’s remarks at the Met last week:
ISIL is not only beheading individuals; it is tearing at the fabric of whole civilizations. It has no respect for life. It has no respect for religion. And it has no respect for culture, which for millions is actually the foundation of life. Far from hiding their destruction of churches and mosques, they broadcast these, purposefully and with pride, for all the world to see their act of depravity and for all of us to be intimidated and to perhaps back off from our values. For the proud people of Iraq and Syria – ancient civilizations, civilizations of great beauty, great accomplishment, of extraordinary history and intellectual achievement – the destruction of their heritage is a purposeful final insult, and another example of ISIL’s implacable evil. ISIL is stealing lives, yes, but it’s also stealing the soul of millions.
How shocking and historically shameful it would be if we did nothing while the forces of chaos rob the very cradle of our civilization. So many different traditions trace their roots back to this part of the world, as we all know. This is the first thing many of us learned in school. The looting of Apamea and Dura Europos, the devastation caused by fighting in the ancient UNESCO heritage city of Aleppo, the destruction of the Tomb of Jonah – these appalling acts aren’t just a tragedy for the Syrian and the Iraqi people. These acts of vandalism are a tragedy for all civilized people, and the civilized world must take a stand.
DePaul is once again hosting its terrific National Cultural Heritage Law Moot Court Competition. This is a terrific tournament, in its sixth year, with rounds argued in the Dirksen Federal Building in Chicago. If you are a law student interested in meeting some cultural heritage lawyers, and getting some great moot court experience, this is a terrific opportunity. There is still time to register. Here are the details:
DePaul College of Law and the Lawyers’ Committee for Cultural Heritage Preservation are pleased to announce that registration for the Sixth Annual Cultural Heritage Law Moot Court Competition is now open! The Oral Arguments for the 2015 Competition will be held on February 27th and 28th, 2015 at the Everett M. Dirksen United States Courthouse, home of the United States Court of Appeals for the Seventh Circuit, in Chicago, Illinois.
The 2015 Competition will focus on constitutional challenges to the Visual Artists Rights Act of 1990 (VARA), 17 U.S.C. § 106A, which protects visual artists’ moral rights of attribution and integrity. The problem will address both a First Amendment and a Fifth Amendment challenge to VARA.
The competition is open to 26 two- and three-member student teams from ABA-accredited or provisionally accredited law schools. Schools may register up to two teams at a rate of $450.00 per team. The registration deadline is November 20, 2014. The problem will be released on November 21, 2014. Visit the competition website at go.depaul.edu/chmoot for additional details or to register a team. Contact the Competition Board at firstname.lastname@example.org with any questions regarding the competition.
Attorneys interested in serving as judges or brief graders should contact email@example.com. CLE credit is available for attorneys who participate as judges.
Three academics (Amr Al-Azm, Salam al-Kuntar, and Brian I. Daniels) who have been training Syrian preservationists in Southern Turkey have some more anecdotal insights into how deep the connection between ISIS and the illicit antiquities trade is in an OpEd appearing in the International NY Times:
In extensive conversations with those working and living in areas currently under ISIS control, we learned that ISIS is indeed involved in the illicit antiquities trade, but in a way that is more complex and insidious than we expected. (Our contacts and sources, whom we cannot name for reasons of their safety, continue their work under the most dangerous of conditions.)
ISIS does not seem to have devoted the manpower of its army to the active work of looting archaeological sites. Rather, its involvement is financial. In general, ISIS permits local inhabitants to dig at these sites in exchange for a percentage of the monetary value of any finds.
The group’s rationale for this levy is the Islamic khums tax, according to which Muslims are required to pay a percentage of the value of any goods or treasure recovered from the ground. ISIS claims to be the legitimate recipient of such proceeds.
The amount levied for the khums varies by region and the type of object recovered. In ISIS-controlled areas at the periphery of Aleppo Province in Syria, the khums is 20 percent. In the Raqqa region, the levy can reach up to 50 percent or even higher if the finds are from the Islamic period (beginning in the early-to-mid-seventh century) or made of precious metals like gold.
The scale of looting varies considerably under this system, and much is left to the discretion of local ISIS leaders. For a few areas, such as the ancient sites along Euphrates, ISIS leaders have encouraged digging by semiprofessional field crews. These teams are often from Iraq and are applying and profiting from their experience looting ancient sites there. They operate with a “license” from ISIS, and an ISIS representative is assigned to oversee their work to ensure the proper use of heavy machinery and to verify accurate payment of the khums.
But how much exactly does this amount to? The answer is difficult to quantify. As Sam Hardy points out, the recent claim that ISIS has garnered $36m from antiquities looted in its territory is likely inaccurate:
I can only reiterate that it is (literally) unimaginable that the Islamic State is making $36m from a 0.2%-0.4% share of the market value of the antiquities that have been looted from one district under its rule (as $36m from a 20% khums tax on looters’ and traffickers’ own 1%-2% share would imply a trade value of $9b-$18b of antiquities from al-Nabk alone).