Questions or Comments? Email me at derek.fincham@gmail.com
Author: Derek Fincham
Negotiations Stall between Italy and the Getty
Francesco Rutelli, Italy’s minister for Cultural Heritage, is apparently not pleased with the way negotiations have been going with the Getty museum regarding the return of a number of Italian antiquities, the LA Times reported last week. Giuseppe Proietti, a senior cultural official has said in a recent interview that “The negotiations haven’t made a single step forward…We will not accept partial solutions. I will suggest the Italian government take cultural sanctions against the Getty, suspending all cultural cooperation.” Apparently, such an embargo would have a limited effect, because Italy does not generally loan many objects anyway. A number of papers around the world have picked up this embargo story, including the Australian, and The Times. Its yet more evidence of Italy’s aggressive new strategy to repatriate its antiquities, and prevent their illicit excavation.
Much of the tension here involves a debate between what John Henry Merryman has called cultural nationalists and cultural internationalists. Cultural nationalists generally believe that an object belongs in its context. So in this case, they would argue the Italian antiquities are best enjoyed and appreciated in Italy. On the other hand, Cultural Internationalists generally believe in an open and honorable antiquities market, which allows objects to be bought and sold. In that way, the market moves them to the location where they can best be preserved and studied. Both positions seem reasonable to me, however they are mutually exclusive, and lead to a great deal of contention, mainly between dealers and archaeologists.
The image here is of the new $275 million restoration of the Getty Villa in Malibu, which houses Etruscan, Greek, and Roman antiquities (including many of the objects Italy wants returned). It was patterned after the first-century Roman Villa dei Papiri, which was covered after the eruption of Mt. Vesuvius, and recently redesigned by Jorge Silvetti. I don’t think anyone can argue that this new renovated Villa is not a fantastic venue to exhibit these works. However, does Italy have a stronger claim to them, especially when some of the most valuable antiquities seem very likely to have been looted? The archaeological context surrounding these objects may have told us a great deal. However that contextual information is now lost forever.
Dr. Lorenzo Zucca highlights an interesting piece in yesterday’s New York Review of Books, which helps shed some light on the dispute. The Getty, established in 1953 by J. Paul Getty is one the wealthiest art institution on the planet, boasting assets of $9 billion. In the 1980’s, the Getty pursued a very aggressive antiquities acquisition policy. This has led to the indictment and trial of Marion True, a respected curator of Greek and Roman Art. Italy certainly aims to make an example out of true, and the dealer who is also on trial, Robert Hecht. The California attorney general has also recently concluded an investigation.
It is hard to predict the possible outcome of the negotiations between Italy and the Getty. Italian authorities are certainly elevating the rhetoric in an attempt to shame the Getty into repatriating many of its works. We can debate whether these objects belong in Italy or in Malibu until we are blue in the face. The fact remains, though, that wherever these pieces are, people will come to visit them.
Questions or Comments? Email me at derek.fincham@gmail.com
Met Declines to Exhibit a Grosz
The NY Times’ Robin Pogrebin reported yesterday that the Metropolitan Museum of Art has declined to borrow a work by German Expressionist George Grosz. The work, “The Poet Max Hermann-Neisse” (1927) is the subject of yet another Nazi repatriation dispute. The Met has declined to exhibit the work, and substituted another, because the Grosz estate is contemplating a claim for restitution. The work belongs to the Museum of Modern Art (MoMA), and the Grosz estate has been in negotiations with them for three years.
MoMA is one of the many museums which lists provenance information for its works on its website. The provenance for this work is here. The estate claims that the works had to be sold very quickly, and at a very low price because Grosz and his art dealer, Alfred Flechtheim, had to flee Germany because of Nazi persecution. Interestingly, only Flechtheim was Jewish. It was the nature of Grosz’s opinions and art which caused his flight.
Initially, one might wonder how the Grosz estate could have a tenable claim all these years later. The work has been in MoMA’s possession since 1952. Apparently, Grosz saw the work exhibited there in 1958, shortly before his death. Statutes of limitations generally prevent claims from being brought after a period of time. They are based on the policy that as time passes, a fair adjudication of the issues becomes more difficult. New York courts have adopted the demand and refusal rule in interpreting statutes of limitations in the context of illicit art. The rule measures the accrual of a cause of action based on a plaintiff’s actions. To commence an action to recover property from a good faith purchaser, an original owner must prove that the current possessor refused to return the property after a demand by the claimant. See Menzel v. List 22 A.D.2d 647, 253 N.Y.S.2d 43 (1963). Thus it seems that the statute of limitations did not begin to run until 2003, when the Grosz estate first approached MoMA about the return of the work. Thus, in theory at least, they could still bring a restitution claim in time.
However, the substance of that claim seems a bit difficult for the Grosz estate. The works were sold legally (Nicholas Katzenbach, a former attorney general, and an undersecretary of State for the LBJ administration investigated the claim for MoMA and recommended it be rejected), and MoMA would likely have a very good laches defense, which basically serves to protect defendants where a potential plaintiff has unnecessarily delayed bringing a legal action. Also, the value of these works may not be high enough to warrant a protracted legal dispute. A rough estimate I’ve seen thrown around is $3 million. If a work falls short of that standard, bringing a legal claim may not be financially feasible. This work has been estimated at $2 million in today’s market, but there is another work under dispute in MoMA’s collection as well. Of course, the Grosz estate may not be simply concerned with the financial implications of the suit.
Why then did the Met refuse to exhibit the work? It may simply be a matter of not wanting to be associated with the bad publicity. The headline that they are exhibiting a work with a Nazi repatriation issue may have raised an issue that was more controversial than they were willing to take on. However, it seems like the dispute is getting more coverage because of the refusal. In any event, I do not know all of the facts , but the Grosz estate may have a very difficult time prevailing, considering the artist himself saw the work exhibited in 1958 and did not have any misgivings at that point.
Questions or Comments? Email me at derek.fincham@gmail.com
Goya Stolen
The New York Sun reported last night that a 1778 work by Francisco de Goya, Children With Cart, pictured here, was stolen near Scranton, Penn. It was being transported to The Guggenheim for an exhibit on Spanish Painting. The FBI is investigating, and has offered a reward of $50,000. The painting is valued at about $1.1 million. The work had been housed at the Toledo Museum of Art in Ohio. It looks to be from his earlier career, before the lead in his paint may have caused his deafness, which resulted in some fantastically-bizarre works.
Why was this work stolen? Surely, the market for the work is quite small, as nobody will be able to claim good faith in buying or selling the work. The thieves may be attempting to ransom the work back to the museum. Criminal penalties are far lower for kidnapping a work of art than they would be for, say, kidnapping a person. The other possibility is that a wealthy collector may have requested it stolen for her own private collection. Some have termed this hypothetical theft-on-demand the Dr. No possibility. If the work is returned, look for it to gain in notoriety.
Questions or Comments? Email me at derek.fincham@gmail.com
Germany Unhappy with the State of Restitution
Apparently, the German Government is considering its options about how best to deal with art sold by or confiscated from Jews under the Nazis the Sydney Morning Herald reports today. This comes in the wake of the record sale at Christie’s last week, in which a number of returned works
helped fuel the market. The German Chancellor, Angela Merkel, has summoned culture ministers and museum directors to discuss overhauling the restitution law. This was a predictable development, especially considering the fabulous sums of money these works are getting on the market.
I postulated last week, that something does not quite seem right about the heirs of these works profitting so handsomely off works which had been hanging in German and Austrian museums. Another factor which may be fueling these discussions, is the news that the City of Berlin is in dire financial straits, and may have to sell some of its cultural buildings or works. When Berlin was essentially two cities, it maintained separate concert halls and museums, but since reunification, the city has too many cultural institutions for its budget. This museum is the Sammlung Berggruen, which houses many impressionist and post-impressionist works.
Questions or Comments? Email me at derek.fincham@gmail.com
Greek Investigation
I’m a bit late on this story, but on Tuesday, the Greek Culture Minister, George Voulgarakis issued a statement calling an antiquities ring investigation one of the most “complex in recent memory”. The bust came on the small island of Schinoussa, pictured here. It’s one of many islands in the Aegean, which has historically had some notoriety for being a haven for pirates and other criminals.
The original discovery came in April of this year. There are indications that this investigation may have some links to the trial of Marion True, who is on trial in Rome on charges of conspiring to traffic in stolen antiquities. The raid turned up a wealth of objects, including the ancient, early Christian, and byzantine eras. The owner of the villa is Despina Papadimitriou, a member of a prominent Greek shipping family whose late brother, Christos Michailidis, was an antiquities dealer. Another house was searched, on a neighboring island,which was owned by Marion True.
The outcome of this investigation remains to be seen. However, it does reiterate, at least anecdotally, the size of the illicit market in antiquities.
Questions or Comments? Email me at derek.fincham@gmail.com
Italy in Negotiations with the Getty Museum
Yesterday’s New York Times has an interesting article regarding Italy’s negotiations with the Getty museum for the return of Italian antiquities. One of the objects at issue is this 5th Century B.C. limestone statue of Aphrodite which the Getty acquired in 1988.
The negotiations are part of an aggressive strategy Italy seems to be implementing with respect to policing and repatriating its antiquities. The so-called Getty trial is currently underway in Rome, and Italy also recently signed an agreement with Switzerland, one of the traditional transit states for Italian antiquities.
Italy wants the return of 52 objects currently in the Getty collection, which Italy alleges were illicitly excavated. I think a sign of the testiness of the negotiations is the way the Times prefaced a quote from an inside source familiar with the negotiations:
People close to the negotiations, speaking on condition of anonymity out of concern that their remarks could arouse personal antagonism and jeopardize the talks, say the Getty has made it clear that it is prepared to return about two dozen objects on the list.
If the items were in fact illicitly excavated, Italy may be able to get the Getty to return at least some of the objects, as it’s really bad publicity for the Getty overall. I’m just speculating here, but they may want to wait until the conclusion of the trial before they return the objects, and that’s when I would expect a deal to emerge (much in the same way a President may boot an unpopular Secretary of Defense). We should remember, though, that much of the damage has already been done. When this statue was excavated, it was embedded in a wealth of archaeological information, what is often referred to as context. When this object was dug up, that context was almost certainly destroyed. Also, the Getty didn’t excavate these objects, though they did pay a substantial sum for them. Italy’s argument is that these funds support the illicit excavators and unscrupulous dealers, so this kind of transaction should be reversed, to prevent future destruction. This is a tenuous disincentive though, and one of the reasons why tackling the illicit trade in cultural property is so difficult.
At this point, the Italy-Getty negotiations seem very similar to the Greece-British Museum arguments regarding the Parthenon Marbles. However there is one marked difference: this sale only occurred within the last 20 years, while the Parthenon Marbles have been in Britain for closer to 200 years.
Questions or Comments? Email me at derek.fincham@gmail.com
10 arrested in Agrigento, Italy
Agenzia Giornalistica Italia reported on Nov. 6 that 12 arrest warrants were issued, and 10 arrests were carried out for art theft and kidnapping.
The arrests occurred in Agrigento, on the island of Sicily. The island, of course, is notorious for its beautiful Greek and Roman heritage, and also for its ties to organized crime.
The image is of the temple of Dioscurio, located near Agrigento. The city is one of the poorest in Italy, despite its incredibly rich archaeological heritage. This may be an example of the Italian authorities cracking down on illicit excavation. I haven’t been able to find any more information on the arrests, but when I do, I’ll post it here.
Questions or Comments? Email me at derek.fincham@gmail.com
$491 million
Christie’s yesterday shattered the previous auction record with its sale of post-impressionist works the New York Times reports today. The previous record was $269 million. Of the sale, about $125 million involved the sale of recently repatriated works which were looted by the Nazies during World War II. Before the sale, five of them were hanging in museums.
Christie’s does a good job of making these auctions a spectacle. I’ve never seen one firsthand, but they must be quite a show. Perhaps the most interesting aspect is the way many of the buyers are secret. We may never know who purchased some of these works. Certainly, we cannot argue that the heirs of holocaust victims are entitled to the return of works that was taken from them during the war. However, looking at the end result, are we all better off having these Klimt’s in a wialthy benefactor’s living room? I don’t think so. In my view courts should do a better job of fashioning compromise between nations and claimants.
The image is by Hiroko Masuike, for the New York Times. Other images are available here.
Questions or Comments? Email me at derek.fincham@gmail.com
Picasso Pulled
The Picasso I discussed yesterday was removed from auction today, even after a Federal District Court Judge dismissed the claimant’s suit. Apparently he brought suit in NY State Court today. At first blush, I don’t think he has much of a case. We will see how accommodating the NY courts will be though, I suppose.
Questions or Comments? Email me at derek.fincham@gmail.com