Persepolis Relief seized from New York Art Fair

A fragment of a bas-relief from the city of Persepolis, dating from the 5th Century B.C.E.

On Friday afternoon New York prosecutors and police officers seized a limestone relief which once decorated a building from the ancient Persian city of Persepolis. The New York Times reported that “cursing could be heard” from the booth. The seized bas-relief, valued at an estimated $1.2 million dollars was being offered for sale by Rupert Wace, a London-based antiquities dealer. In a statement, Wace argued that the stone fragment “has been well known to scholars and has a history that spans almost 70 years.”

According to Wace, the relief was donated to a Canadian museum in the early 1950s. It was on regular display until it was stolen from the Montreal Museum of Fine Arts in 2011. It was recovered by Canadian authorities, but rather than seek the return of the object, the museum decided to keep the insurance payout given by AXA Insurance Company. AXA then had title to the object, which sold it to Wace.

What then is the crime committed which would lead to a seizure? I have not had a look at the warrant, so I’m speculating here, but reportedly it alleges the bas-relief was stolen. Likely because it was removed from Iran after the enactment of an ownership declaration. That argument has not been helpful on its own for material from Iran when Iran initiated an unsuccessful civil lawsuit against Denyse Berend for another bas-relief removed from Persepolis before the Revolution.

This case may be different though, as this is a criminal seizure, not a private suite. Iran declared ownership of objects like this one in 1930. Adding to the claim is the immovable nature of this bas-relief. It had been affixed to the wall for 25 centuries before it was removed.

The Apadana Palace at Persepolis.

This object may have been transported in the modern era, but had been designed and crafted to stay on a wall as part of a monument. This seizure pushes up against some of the oldest successful seizure of illicit material, and has as one obstacle the passage of time. On the other hand though is the reality that this object was part of a monument, Persepolis, which was granted World Heritage Status in 1979.

The Antiquities Trade Gazette reported that the Art Loss Register was responsible for vetting objects at the fair. James Ratcliffe, the director of recoveries and general counsel at the Art Loss Register stated:

We understand this piece was seized and although we’ve not seen an official explanation for this we gather it relates to the possibility that it was taken from Persepolis unlawfully. Given that it was on public display in a museum for over 60 years it will be interesting to see how the claim develops.

Indeed it will. What claims Wace will offer to defend his possession of the object, and what claims he may have against AXA or other predecessors up the chain of possession will be interesting to watch. One thing is certain though, the Manhattan District Attorney’s office is vigorously policing the antiquities trade at a level not seen in the United States or elsewhere. Dealers of illicit cultural property are on notice.

  1. Laura Chesters, Persian limestone sculpture seized by police from antiquities dealer at TEFAF New York Antiquities Trade Gazette (2017), https://www.antiquestradegazette.com/news/2017/persian-limestone-sculpture-seized-by-police-from-antiquities-dealer-at-tefaf-new-york/ (last visited Oct 30, 2017).
  2. James C. McKinley Jr, Ancient Limestone Relief Is Seized at European Art Fair, The New York Times, October 29, 2017, https://www.nytimes.com/2017/10/29/arts/design/ancient-limestone-relief-seized-european-fine-art-fair.html (last visited Oct 30, 2017).
  3. Stolen artifact from Montreal museum recovered in Edmonton, CBC News (2014), http://www.cbc.ca/news/canada/montreal/stolen-artifact-from-montreal-museum-recovered-in-edmonton-1.2535754 (last visited Oct 30, 2017).

Moral rights and property rights on trial in Brooklyn

5Pointz before it was whitewashed

Alan Feuer reports on the opening of the jury trial brought by artists whose works were removed from the 5Pointz building back in 2013. They are seeking a remedy for the infringement of their moral rights under a federal law called the Visual Artists Rights Act.

Eric Baum, a lawyer for the artists in his opening statement told the jury:

[T]hat they would hear from several art experts that the whitewashed graffiti was indeed of “recognized stature” and that Mr. Wolkoff, no matter how generous he had been with his buildings in the past, failed to give the artists the proper 90-day notice that 5Pointz was slated to come down. Mr. Baum added that his clients never wanted to sue; they wanted to save 5Pointz. But once the complex and the art had been destroyed, he said, they had only two choices: ask for money or do nothing.

The buildings developer, Jerry Wolkoff was represented by David Ebert who in his opening statement:

[A]cknowledged that 5Pointz was a “fantastic place” — one that Mr. Wolkoff helped create — but he argued that the law in question was irrelevant. “V.A.R.A. does not protect buildings,” he said. “It protects art.

The case is a rare instance of a moral rights claim brought on behalf of artists which has made it to the merits before a jury. Bringing claims in federal court is an expensive proposition, and few of these cases survive the summary judgment stage. The case will be fascinating to watch unfold.

 

  1. Alan Feuer, At Core of 5Pointz Trial: Is Graffiti Art Protected by Law?, The New York Times, October 17, 2017, https://www.nytimes.com/2017/10/17/nyregion/at-core-of-5pointz-trial-is-graffiti-art-protected-by-law.html (last visited Oct 18, 2017).

United States will withdraw from UNESCO

The San Jose mission is one of five missions granted World Heritage Designation.

The United States has made the unfortunate decision to withdraw from membership with UNESCO. I should probably have some thoughts about this, but I just feel profoundly sad. The Trump administration is a parade of embarrassment, and this is one of a series of anti-science, anti-art, anti-culture decisions. Sadly it may not be the last.

The best reads I’ve found on the decision is this reporting by Eli Rosenberg and Carol Morello in the Washington Post. Jack Morgan also has a very fine radio report for the Texas Standard on how much work goes into seeking World Heritage designation, and how the decision may impact the World Heritage sites in San Antonio.

Human Rights and Cultural Heritage at DePaul

Mali MosqueOn November 1 and 2 DePaul’s Center for Art, Museum & Cultural Heritage Law will be holding a conference examining the intersection of heritage and human rights. Here’s the list of excellent speakers:

  • Intangible Cultural Heritage and Human Rights: Morag Kersel, Justin B. Richland, George Nicholas, Catherine Bell
  • Environmental Justice and Cultural Rights: Patty Gerstenblith, Rosemary Coombe, Dean Suagee, Dorothy Lippert
  • Featured Lecturer Karima E. Bennoune, Special Rapporteur in the field of Cultural Rights, United Nations
  • Featured Lecturer Shamila Batohi, Senior Legal Advisor to the Prosecutor, International Criminal Court
  • Sovereigns vs. Peoples: Who Has Rights to Cultural Heritage: Lubna S. El-Gendi, Sarah Dávila-Ruhaak, Rebecca Tsosie
  • Resolving Cultural Heritage Disputes Through Alternative Dispute Resolution: Giving Peace a Better Chance (Ethics Panel): Thomas R. Kline, Stacey Jessiman de Nanteuil, Alessandro Chechi, Lori Breslauer

The Alternative Dispute Resolution panel looks particularly interesting.

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