Derek Fincham

Correction: "Where the Snow the Pastures Sheets"

The media have been mistaken as to the painting stolen from Bourton-on-the-Water in Gloucestershire. Last week, I wrote about the theft of a Joseph Farquharson from a private residence. I posted an image of the painting, but I posted the wrong painting because The Herald incorrectly stated the name of the painting. I received a kind email from Grizelda Graham, daughter of the 89 year-old theft victim. She wrote , “We don’t know why the media have entitled our stolen painting ‘sunlight and shade’ – the title on the back of my painting is ‘where snow the pastures sheets.’ It is very beautiful, and we are keen to publicise its theft widely in the hope that someone will spot it and return it to us.” This is the image of the stolen painting she gave me.

Hopefully the media will correct their mistake soon, and continue to publish the theft. I suggested she contact the Art Loss Register in her attempts to get the painting back.

Questions or Comments? Email me at derek.fincham@gmail.com

Buy a brushstroke, "save" a Turner

This watercolor by JMW Turner, “Blue Rigi” was sold at a Christie’s auction in June, 2006 for £5.8 million. Here is an article from the Guardian, discussing the sale at auction, which set a record for the highest price ever paid for a British watercolor. The buyer’s identity is, of course, a complete mystery. The work has been deemed of Waverley quality, and thus export of the work has been temporarily delayed to allow British institutions to raise enough funds to keep the work. The arts minister, David Lammy placed a temporary restriction on the work until July 22, but that delay has been extended until March 20. That may not be the final date though, dates have been extended in the past to allow for money to be raised. The arts minister should be very wary of extending the date too long though, as the private purchaser may decide to challenge the legality of the whole scheme as a violation of human rights. The law authorizing the ban was actually an emergency provision passed in 1939 on the eve of the Second World War, and was later adapted to allow UK institutions a chance to raise funds to buy the work. One consequence of this rather haphazard system is the reliance upon the ability of the interested parties to raise enough funds. That becomes increasingly difficult as the price for art increases. Also, if the seller of the work chooses, she can simply decide not to sell the work.

The only example I’m aware of the Waverley Criteria temporary export prohibition being challenged was in 1994 when the Getty tried to challenge repeated extensions to the ban on the export of the Three Graces which is currently jointly owned by the Tate and the National Gallery of Scotland.

This also draws strong parallels to the recent successful efforts to prevent the Gross Clinic from leaving Philadelphia. At least that work was publicly displayed. This Turner is privately owned, and not displayed to the public. How has the cultural heritage of the UK been damaged if a seldom-shown work is sold to a different individual in another country? I think that “saving” this work is a bit of a misnomer, especially considering two slightly different Rigi’s exist, one displayed in Australia, and another in the US National Gallery. If nothing else, the campaign to purchase this work is really ingenious. One wonders why it took so long, but in the last few days the Art Fund has just initiated a really creative fund-raising project. One can choose to “buy a brushstroke” for as little as five pounds, and the website gradually shows how much of the work has been “saved”. I suppose the market will decide. If you think the cultural patrimony of the UK will be forever tarnished by allowing the work to be owned by a mysterious foreign individual, you can donate to the effort. So far, £25,214 has been raised. Hopefully the seller will not choose to keep the painting if the funds are raised.

Questions or Comments? Email me at derek.fincham@gmail.com

3 Year Italian Investigation Yields Marble Reliefs

From the Daily Mail, it seems Italian police have recovered 12 marble reliefs depicting Roman gladiators. USA Today picks up an AP story as well, available here. The panels were discovered buried in a garden near Fiano Romano. The reliefs, made of Carrara marble, are thought to date to the 1st century BC. The images are stunning, as David Nishimura rightly points out. Officials say the pieces will be studied, restored, and then displayed at the Villa Giulia in Rome.

The Prosecutor, Paolo Ferri, says individuals have been charged, but their names have not been released. One thing I would like to know is, what archaeological context was destroyed in the process of removing this from the decorated tomb? How will the raiders be punished? I wonder as well, why the investigation took three years. That’s a very long time; I imagine they were waiting to catch the raiders trying to sell the pieces to a dealer or international buyer.

(Image by Plinio Lepri, AP)

Questions or Comments? Email me at derek.fincham@gmail.com

High Court in London Denies Iranian Ownership Claim

A frustratingly sketchy Reuters article indicates that Iran has lost in its attempt to reclaim a carved limestone relief, like this one, from the ancient city of Persepolis. Unfortunately, its an example of shoddy legal reporting. It only gives us the result. It provides none of the legal arguments. An earlier story from The Telegraph gives a good background. The dispute was between Denyse Berend, who purchased the relief in New York in 1974, and Iran. It seems Iran was arguing that the relief was removed sometime after the city was first excavated in 1932 by Ernst Herzfeld. If I had to guess, I would say the High Court ruled in favor of Berend because too much time has passed since she bought the object. More than likely, Iran has let the Statute of Limitations run. Frequently, the issue of whether a claimant has brought a timely action is outcome determinative. When I can get my hands on the opinion, I’ll write more. It could be a significant decision, as it might give us a better idea of the law in England and Wales regarding foreign patrimony laws.

Questions or Comments? Email me at derek.fincham@gmail.com

The Getty Trust’s Position on the Statue of a Victorious Youth

This bronze statue, known as “the Statue of a Victorious Youth” was purchased by the Getty in 1977 for close to $4 million. It has been attributed to the Greek sculptor Lysippos, the 4th century BC sculptor for Alexander the Great. However, it may be a work by a later Greek sculptor in the same style. Today, the nearly life-size statue is one of the excellent pieces of the Getty’s Greek and Roman collection. It was found in 1964 by fisherman from Fano, somewhere in the Adriatic Sea.

Last Friday, I received an email from Ron Hartwig, of the Getty, complete with a copy of the memo sent last November to the Italian Government regarding this bronze statue. The memo, prepared by the law firm representing the Getty is a detailed account of the legal and factual history surrounding the statue. As he stated to me, “[The Getty] are committed to reaching an agreement with Italy, but doing so based on a scholarly approach, and mindful of relevant law.” That seems quite a reasonable proposition to me, and paints a much different picture than the one many Italian authorities are portraying. Certainly, the Italian Cultural Ministry is laying strong claims to the bronze in the media. Just last week, Francesco Rutelli said of the bronze,

“the bronze Athlete that was hauled up in a fishing net from the waters of the Adriatic sea and later secretly smuggled out of Italy in total violation of its laws. Paradoxically, museum founder John Paul Getty declared before his death that he did not want to acquire that work without its official certification and clear title. This is not a legal question, but a question of ethics. It is a matter of transparency in relations with the public and correct behavior in the antiquities market.”

There are a lot of problems with the antiquities market, but I’m not sure how they are linked to this statue. I’d like to lay out the Getty’s position on the statue, and then evaluate Italy’s claims. It seems clear to me, based on the memo provided, that Italy has a very weak legal and ethical argument to make for the return of the work. The bronze statue was pulled up by Italian fishermen in 1964. The Getty claims it was 30-40 miles off the coast of Italy. The Italian territorial waters extend only 6 nautical out to sea. Italy claims that the statue was found in Italian territorial waters, which would have vested title to the work in the Italian state. However, it seems there was a prosecution in 1966 of the Italians who had purchased the statue. The men were acquitted, and after an appeal, the Court of Appeals of Rome upheld the acquittal because there was no sufficient evidence introduced at the trial that the statue was found in Italian territorial waters. According to the memo, the capatin of the Ferrucio Ferri, Romeo Pirani, has stated unequivocally that the statue was found over 30 miles offshore. Another fisherman on the boat, Igli Rosato, has said the statue was found 32 nautical miles from the shore. It’s surprising to me that this fact has not been given more attention. An Italian court has essentially ruled that there is not enough evidence to support returning the statue.

After the statue was found, it was probably taken ashore to Italy. When it left Italy, it would have probably violated Italian export restrictions. However, courts of one nation do not generally enforce the export restriction of a foreign state. Though American courts recognize foreign patrimony laws, they most certainly do not recognize foreign export restrictions. Thus, in terms of legal claims for the return of the bronze, Italy has no tenable claim, and would almost certainly fail if they chose to bring suit.

What then of the ethical arguments? Certainly, Italy can argue that the statue was illegally exported, and thus should be returned. However, that claim may have been more persuasive when the Getty was considering purchasing the statue. As it stands now, the statue has been displayed by the Getty since 1978, and has been one of their signature pieces, such that the statue is now often referred to as “the Getty Bronze”. Further, the statue was created in Greece, not Italy. If any nation has a claim to it based on the idea that it is a part of their cultural patrimony, it is Greece. Also, the reason the trade in illicit antiquities is so damaging, is that it often causes the loss of the archaeological context surrounding an object. However, those concerns are not present in this case, as the statue was most assuredly a chance find.

In the end, it seems clear to me that the legal and ethical arguments supporting the removal of the statue to Italy are quite tenuous. The question then becomes, why has Italy argued so stringently for the return of the statue? Perhaps they do feel strongly that this statue belongs in an Italian institution, or perhaps they are using it to leverage the Getty into returning other works. In any case, though the Getty could have certainly been more cautious in many of its purchases in the past, it seems to me, based on the evidence I have seen, they are on solid legal and ethical grounds in choosing to proudly display this bronze statue.

Questions or Comments? Email me at derek.fincham@gmail.com

Diplomats Transporting Illicit Antiquities?

Martin Bailey of the Art Newspaper has an article on an unpublished Dutch report by Jos van Beurden which indicates diplomatic bags are being used to smuggle antiquities. Under the 1961 Vienna Convention on Diplomatic Relations, diplomatic bags should “not be opened or detained”. The article is short of any hard numbers, and it seems the unpublished paper is only based on anecdotal evidence. However, a number of influential writers in the field, including Colin Renfrew, have indicated that diplomatic bags are a big source of the problem.

It seems we are stuck between a rock and a hard place here. On the one hand, without more data on the amount of objects being smuggled, it will be difficult to recommend a change in current practice. However, the anonymity which pervades the antiquities market seems to preclude the gathering of that data. Perhaps it will take a high-profile incident to force a change in current practice.

I am not convinced that these are a huge problem. Shouldn’t diplomats have better things to do than smuggle antiquities. In addition, without more information, this would only seem to add to the speculation.

Questions or Comments? Email me at derek.fincham@gmail.com

Theft of a bust of Rodin’s "The Thinker" (UPDATED)

A number of bronze sculptures, including one of the casts of Auguste Rodin’s “The Thinker” has been stolen from a Dutch museum. Though it is not particularly rare (there exist 74 other casts of the work), it may be worth hundreds of thousands of Euros. This is another in a string of recent bronze thefts. Some bronze busts have recently gone missing from the Pere Lachaise cemetery as well. Tragically, the works may be melted down, as bronze can be quite valuable. There is also speculation that the bronze may be used to make counterfeit ancient coins.

UPDATE:

Two men have been arrested in connection with the thefts. As I suspected, it appears the thieves were only after the bronze to melt it down. They were apparently quite surprised at the level of media attention. Sadly, it appears that one of the legs was sawed off in preparation for melting it down. On the bright side though, perhaps they can use one of the other thinker busts to reconstitute this one.

Questions or Comments? Email me at derek.fincham@gmail.com

Prosecution of Marion True and Robert Hecht Resumes in Italy (UPDATED)

There is a slew of new reports marking the continuation of the high-profile antiquities prosecutions in Rome. The New York Times has a piece, and the Washington Post picks up an AP story. Francesco Rutelli also has an Op-Ed in the Wall Street Journal, which can be downloaded from the Italian Ministry of Culture’s website here.

Is there anything new being said? Not really. Much of the back and forth involves trial tactics and public posturing on the part of Rutelli. Though he has some good arguments in his opinion piece, much of it is frustratingly vague or inaccurate. When he speaks of Italy “renouncing possession of these works of art” in reference to 46 contested objects held by the Getty, he conveniently fails to acknowledge the Getty has agreed to return 25 of them. Also, his claims of providing “exhaustive and reliable documentation” to the Getty may be true, however if the evidence were as damning as he indicates, Italy would certainly have first, asked US federal prosecutors to initiate a civil forfeiture action as they did in US v. An Antique Platter of Gold 184 F.3d 131 (2d Cir. 1999). This would have allowed for the return of the objects, while the US Department of Justice foots the legal bills. Thus, it seems to me that the evidence Ruteli is discussing may not be quite as damning as he indicates. He also makes it seem as if the issue of this bronze Athlete found in the Adriatic sea clearly belongs to Italy. This is a gross oversimplification. There seems to be good arguments that the object was found in international waters, and was in fact Greek in origin. Though he may be right that the bronze came ashore in Italy, the law violated would be an Export restriction, not a state-vesting provision. This makes Italy’s claim much different. If nothing else, the article was well-timed to coincide with the reopening of the trial in Rome though.

At the trial itself, the testimony of Pietro Casasanta seems intriguing. He details over 50 years of his experience dealing in Italian antiquities. He was testifying for the prosecution, not because he had any ties with the defendants, but because he played a role in the antiquities trade in general. He indicated that “From one day to the next we went from art experts to criminals…I saved thousands of artifacts that would have been ground into cement. … It’s a shame that they don’t make me a senator for life.” Interesting comments, especially given Italy’s recent efforts at stemming the trade. Perhaps the biggest gain Italy has made in recent years is cutting off Switzerland as a transit state. Switzerland has recently signed on to the UNESCO Convention and, more importantly, secured a bilateral deal with Italy.

UPDATE:

Lee Rosenbaum continues her good work on this controversy by soliciting a response from Michael Brand, Director of the Getty Museum. He clarifies many of the charges leveled against him. Perhaps most interesting, he indicates that the Getty is careful when repatriating objects. In fact, one of the objects claimed by Italy “a Kore … had been claimed by both Italy and Greece, and we now have agreed to return that object to Greece. This is precisely why we have to respond to these claims very carefully.” That seems reasonable, and in fact much of Brand’s comments paint a picture of the Getty attempting to work out a reasonable compromise with Italy.

Of course, the true nature of the negotiation process may lie somewhere between Brand and Rutelli’s conflicting accounts. However Rutelli often seems inclined to elevate the rhetoric. However, regardless of the outcome of the negotiations, it would seem that the Italians have accomplished a great deal. Certainly, reputable institutions and museums are now thinking twice about acquiring Greek, Roman, or Etruscan objects which might have come from Italy. A protracted public relations struggle is certainly not good for the public image.

Questions or Comments? Email me at derek.fincham@gmail.com

Art Theft in the Cotswolds

Joseph Farquharson’s “Sunlight and Shadow”, valued at £150,00, has been stolen from a private residence. There were 6 people in the house while the painting, along with other works and a grandfather clock were taken. Though thefts from museums and public institutions often make headlines, more works may actually be stolen from private homes. This may be an example of thieves being unaware of what they have stolen. In my view, the best way to prevent these kind of thefts is to insist on a transparent art market.

Questions or Comments? Email me at derek.fincham@gmail.com

Easiest Thefts Ever?

Thieves made off with $4 million in rare coins last week. This is the second year running that the Florida International Numismatist Convention has been hit. One might imagine that these collectors and dealers would be a little more careful. This year, a handful of masked robbers stole the coins at knifepoint. Last year they merely broke into the cars in a parking lot and made off with $450,000 in loot.

The recent robbery took place in the valet parking line at the Peabody Hotel. Some of the most valuable coins taken include coins like this one, dating from 1843 and President Tyler. David Nishimimura points out that perhaps the dealers should have used an armored car service. Once again, authorities do not know how the objects will be sold, as they are extremely rare, and would probably be quite difficult to get rid of. The art isn’t in the theft, it’s in the selling. There remains a healthy debate about whether these kind of coins rise to the level of cultural property. Though they are valuable, they are not particularly rare.

Questions or Comments? Email me at derek.fincham@gmail.com