Derek Fincham

English Shipyard added to American Civil War Discovery trail

Shipyards along the River Mersey near Liverpool have been added to the Civil War Preservation Trust’s Civil War Discovery Trail. Weekend Edition Sunday had an interesting piece on the designation last weekend, and it provides an opportunity to hear the Chief Historian Emeritus of the National Park Service, Edwin Bearss, wax poetic about the exploits of the CSS Alabama (pictured here).

How does a shipyard in England have any relevance to America’s Civil War? Well, the Laird Brothers Shipyard at Birkenhead on the Wirral peninsula built the famed confederate raider for the Confederate Navy, which lacked the capability to outfit a navy. The distinction is a good one, but highlights I think one of the ongoing difficulties which confronts cultural policy makers, which is that our shared history and cultural heritage almost always transcends national boundaries, and is truly a global undertaking.

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

Venture Capitalists fuelling Nazi restitution claims?

Georgina Adam of the Art Newspaper had an article last week about some of the potential driving forces behind recent repatriation litigation. Pictured here is Gustav Klimt’s “Portrait of Adele Block-Bauer I” (1907), recently repatriated after binding arbitration found Maria Altmann the rightful of this and four other works.

The increasing number of Nazi repatriation claims, and the booming art market lead to the possibility that not all the parties involved are motivated by high-minded ideals. As Federal District Court Judge Jed Rakoff noted during his ruling dismissing a claim over a Picasso, “[art auctions are] all guided by their belief in and beauty…though one might suspect that this is just a fight about money”. In her piece Adam labels some of these opportunistic lawyers “Nazi bounty hunters,”as they are actively seeking war loot. She references Washington lawyer Willi Korte who has been approached by venture capitalists prepared invest $1 million in the hopes that it would lead to a successful restitution claim.

It seems some lawyers are working backwards. They consult art historians about what works might have been looted, and then search for heirs who may want to bring claims. Jost von Trott, a Berlin lawyer, who specializes in this type of research says to the Art Newspaper

It might be that while doing research in these matters, one of the historians [I work with] comes across a further name of another Jewish family who lost property during the Nazi period. If the researchers find another name in the archives, then they or we could contact them as well and see if we can help in recovering lost objects.

Initially, I don’t see anything wrong with the work von Trott describes here. It seems quite a valuable service. Consider though that these firms charge as much as 40% to 50% of the sale price of a work for a successful recovery, while there is no charge if the claim is unsuccessful. Other claims beside the recent Picasso dismissal have been criticized as opportunistic and quickly dismissed as well. A $1.8 billion class action suit was brought by the Association of Holocaust Victims for Restitution of Artwork and Masterpieces against Sotheby’s.

Though there are certainly clear cases where restitution is called for, some of these cases stretch the limits of the law, and are causing unnecessary and costly litigation for owners of these works. The idea of venture capitalists seeking out an attorney and urging him to pursue research on potential claimants strikes me a particularly unpleasant though, and strongly cuts against the whole nature of restitution claims.

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

More Thoughts on the Sale of the Gross Clinic

I have written a number of posts on the proposed sale of Thomas Eakins’ “The Gross Clinic” in recent weeks, but the dispute is a fascinating one, because it cuts to the heart of the importance of the connection between art and its location. Do works of art or antiquities inherently belong in a given location?

Eakins, pictured here, is recognized as one of America’s greatest artists. He was known for bringing a stark realism to his work, which could often be unflattering to his subjects. The work has been sold for $68 million to heirs to the Wal-Mart fortune for the new Crystal Bridges museum in Bentonville, Arkansas. Trustees of Thomas Jefferson University voluntarily agreed to delay the sale so community leaders in Philadelphia could come up with the funds to keep the work in the city. This is a voluntary version of the UK’s export restriction, which allow the UK government time to raise funds to keep a work at home before it is exported. Some have argued that as few as 500 visitors saw the work in Philadelphia last year. I wonder if debate surrounding the sale would be quite so adamant if the work was being sold to the Met, or the MFA in Boston, rather than what some may see as a new “Wal-Mart Museum”.

Efforts to prevent or delay the sale provides an interesting new way to think about export restrictions. Many nations use export restrictions to prevent the loss of important cultural works. The US is one of the few nations without such restrictions. Philadelphia’s mayor has nominated the work for historic status, which would effectively act as an export restriction at the municipal level. Export restrictions are a reality for the art and antiquities market, but they are quite controversial. They generally involve underdeveloped source nations (such as Peru, Guatemala, or Nigeria) and wealthy market nations (like Japan, the US, or the UK). At issue in the source nation debate are inherent concerns about the less developed world, cultural appropriation, and the continued exploitation of the underdeveloped world. If Philadelphia continues to prevent the sale, it would countervene the prevailing position of the US, which generally frowns on export restrictions.

The Eakins debate strips away those concerns, as Philadelphia is on roughly the same footing as Bentonville. This allows us to focus in on the core issue, which asks, do certain works belong in a certain context? Might context be secondary to the interests of the University, which plans to use the funds to expand its campus. Also, might there be a greater value in allowing more of the public to view the work? I think so, but one thing remains clear, I’m sure the painting has earned far more visitors in recent weeks because of the controversy.

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

Builder Arrested in Spain

A builder from l’Alcora was arrested on Monday for trafficking in stolen art after Spanish authorities discovered 18th century hand-painted wall tiles which had decorated the Palacio de Vallvert in Valencia. The tiles had been stolen individually over a period of months. The 1,932 recovered tiles have been estimated at almost 2 million €. Authorities have not yet arrested the thieves.

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

Theodore Roosevelt’s Gun

Anthony Joseph Tulino, a postal worker from Florida, pleaded guilty to violating the Antiquities Act of 1906 yesterday. The gun has been missing since it was stolen from a display case in 1990. Roosevelt carried the 1892 revolver during the charge up Cuba’s San Juan Hill in 1898. Roosevelt signed the 1906 Act into law, as a very early effort to protect the theft of relics from Federal property.

The FBI’s Art Theft Unit recovered the gun earlier this year, and it was returned to Roosevelt’s former home in Sagamaore Hill near Oyster Bay, New York. Tulino faces up to 90 days in jail and a $500 fine. The revolver has been valued at up to $500,000.

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

Philadelphia’s Export Restrictions (UPDATED)

Thomas Eakins’ “The Gross Clinic” has been nominated for protected status by Philadelphia’s mayor. This may effectively mean the work will not be sold later this month as proposed. I’ve written about the proposed sale before here. Donn Zaretsky has posted a number of interesting developments as well.

Stephan Salisbury of the Philadelphia Enquirer reported yesterday that Philadelphia’s mayor has designated the work as a historic object, which would prevent the work from being sold, as proposed by the trustees of Thomas Jefferson University. The University had agreed to sell the work for $68 million to a new museum in Arkansas funded by heirs to the Wal-Mart fortune. The University voluntarily gave local institutions until December 26th to match the price and keep the work in Philadelphia. However, the city has stepped in to prevent removal.

This is an interesting turn of events, and is the only example I’m aware of a city preventing the export of a work of art. Many nations attempt to prevent the export of works of art, but I am aware of no individual cities preventing the removal of an important work. The US is among the few nations in the world which has no export restrictions on works, due in part to its status as the largest art importer in the World. It’s quite interesting to see an individual city make make similar claims to that of source nations such as Peru, Mexico or Egypt. The potential litigation in this case should be very interesting to watch unfold, if the trustees are unable to reach a satisfactory resolution with the city.

UPDATE:

Donn Zaretsky points out that this is not the first time Philadelphia has used historic designation to keep a work in the city: In 1998, “[in] the case of Dream Garden, a collaboration of Maxfield Parrish and Louis C. Tiffany whose sale ignited considerable public controversy, the Historical Commission acted after receiving a nomination request from then-Mayor Ed Rendell.” The Commonwealth Court’s decision on the case is available here.

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

$15.4 Million for a Hidden Rockwell

Norman Rockwell’s “Breaking Home Ties” sold at a Sotheby’s auction yesterday for $15.4 million. The work was rediscovered last March behind a false panel in a home in Sandgate Vermont. Art historians have long noticed discrepancies between the image which appeared on the cover of the Saturday Evening Post, and what was believed to have been the original, on temporary exhibition at the Norman Rockwell Museum in Stockbridge, Massachusetts. It appears that cartoonist Don Trachte Jr. bought the work for $900 in 1960.

It seems that the cartoonist may have forged the work, and hidden the original in his Vermont home to prevent his ex-wife from gaining the work in a messy divorce in 1973. His sons discovered the work last Spring after their father’s death.

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

Ramses II for sale

French police arrested a man attempting to sell pieces of hair from Pharoah Ramses the II on the internet. He was asking for 2,000 Euros for hair samples. The main claimed his father worked on restoring the body between 1976-77. Ramses II was born around 1304 BC. The unfortunate story highlights the fact that human remains are being bought and sold, and are an unfortunate component of the illicit market in cultural property. It will be interesting to see exactly how French authorities prosecute this man. The mummy most likely belongs to Egypt. Even if the man had nothing to do with the actual removal, it is likely he will be charged with receiving stolen property.

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

More on Italy’s Aggressive Repatriation Campaign

Two articles from today’s New York Times further highlight Italy’s aggressive repatriation policies of late.

First, a new sculpture, the statute of Eirene, pictured here, is on extended temporary display until 2009 in the Museum of Fine Arts in Boston. Italy agreed to loan the sculpture after the Museum agreed to return antiquities to Italy. The Museum of Fine Arts held a news conference yesterday with Italian Culture Minister Francesco Rutelli to announce the display. The Met will also receive a temporary exhibition of a 4th century B.C. drinking cup, called a kylix. However it has chosen to downplay the agreement. The granting of these two temporary exhibitions by Italy, further underscores its dispute with the Getty over antiquities. The Museum of Fine Arts and the Met have chosen to cooperate with Italy, and have been granted these works. It gives added emphasis to Italy’s threatened cultural embargo against the Getty, after negotiations broke off between the two parties.

Second, a private collector has been asked by Italy to return 20 artifacts it claims were illicitly excavated. The collector, Shelby White and her late husband, Leon Levy, acquired a significant collection of antiquities over the last 30 years. Maurizio Fiorilli, a lawyer with Italy’s Culture Ministry, has asked Ms. White to return the objects. The Italians have acknowledged that they do not have much legal pressure to force the restitution of these objects. However exerting public pressure may be their best chance at repatriating these objects. Highlighting Italy’s claims is a study conducted by two British archaeologists, Christopher Chippindale and David Gill. It suggested that 84% of objects owned by Ms. White and her husband which were exhibited at the Met in a special 1990 exhibition were illicitly excavated. Whether this Italian campaign will prove successful and will have an impact on the demand for illicit antiquities remains to be seen. It is an interesting move by Italy to attempt to convince private collectors that purchasing these objects without a solid provenance may indeed be unethical, and may be damaging the very tradition and heritage which they wish to preserve and own. Some commentator have argued for stiffer criminal penalties for collectors of these objects. That seems like a difficult thing to enact though, as these individuals are generally the pillars of their community. After all, Ms. White donated $200 million to NYU for a new antiquities department. A more effective approach may be a campaign to associate collecting of unprovenanced antiquities with the destruction of a nation’s heritage and archaeological record.

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

UK Museums falling behind?

Research conducted by the a nonprofit group called the Art Fund indicates that UK museums spent far less in acquiring works in 2006 than other museums in the world. The Metropolitan Museum of Art in New York spent £53.5 million pounds; The Museum of Modern Art spent £20 million; The Louvre spent £16.8 million. UK institutions spent far less. London’s National gallery spent £6.8 million, the Tate Galleries spent £4.8 million, and the British museum spent £761,000. The UK institutions also have much more difficulty in deaccessioning works, than these other institutions. This ties in with the discussion yesterday involving the proposed anti-seizure legislation. UK art institutions risk falling behind the rest of the world if their collections are not able to adapt, and they have difficulty bringing in traveling exhibitions.

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