The Met’s latest forced return of looted art

A Paestan Krater, which was connected to the Medici Polaroids

Yesterday Tom Mashberg reported in the NY Times that the Met would be returning this Greek krater to Italy. The Met has returned many objects to Italy in recent years, because they have been looted from tombs and archaeological sites before being smuggled abroad.

In 2014 this krater was linked by researcher Christos Tsirogiannis to Polaroid photos which had been seized from the Geneva warehouse of Giacomo Medici.

The interesting aspect of the story here appears to be the very slow response on the part of the Met to questions presented by Tsirogiannis. Tsirogiannis told the NY Times that the evidence: “[S]uggested that the item was disinterred from a grave site in southern Italy by looters,” before it passed on to Medici.

Medici was an antiquities dealer, convicted of trafficking in illicit cultural objects, and many objects which passed through his gallery/collection/storehouse have been deemed illicit. Reached by Mashberg for the story, Medici said:

[H]e had no recollection of having handled the vase in question. “Absolutely not,” he said. He said he had been released from house arrest last year after serving half of an eight-year sentence that was shortened by time off for good behavior and a two-year amnesty provision granted to all Italian prisoners.

“I am a free man,” Mr. Medici said. “I went on trial, it lasted years, I was convicted for some of the objects” that Italian prosecutors believed had been looted, “and now I have nothing more to do with the justice system. The story is finished.”

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Antiquities dealer brings a libel suit

Hichaam and Ali Aboutaam

Antiquities dealer Hichaam Aboutaam brought a civil libel complaint against the Wall Street Journal on Monday. That article, which according to Aboutaam’s complaint had been in the works since at least January of this year, discussed the antiquities trade and ISIS involvement in it. The article reported on the separate investigations by Belgian and Swiss authorities of antiquities dealers, including Phoenix Ancient Art, the antiquities gallery with locations in New York and Switzerland which Aboutaam runs with his brother Ali. Sourcing for the Wall Street Journal perhaps came from law enforcement officials in those countries, though they are not named. The article also reported on the looting taking place in Iraq and Syria, and on the efforts by ISIS to profit of antiquities looting. The piece made no allegation that the antiquities sold or controlled by ISIS are handled by Aboutaam or Phoenix ancient art. But the complaint alleges that the juxtaposition of the two stories amounts to libel. The allegation by Aboutaam was that the piece:

[P]urported to link Plaintiff with ISIS funding through defamatory statements and manipulative juxtaposition of information about Plaintiff with unrelated information about ISIS funding activities.

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Ross on the barriers to post-colonial repatriation

“Raven/Sisutl transformation mask by Oscar Matilpi, Kwakwaka’wakw Nation, 1997. In the permanent collection of The Children’s Museum of Indianapolis.” CC BY-SA 3.0

Sara Ross, a Ph.D. candidate at Osgoode Hall Law has published an article in the American Indian Law Journal titled: “Res Extra Commercium and the Barriers Faced When Seeking the Repatriation and Return of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach”. From the abstract:

The repatriation and return of objects of cultural value are often linked to decolonization projects and efforts to repair past wrongs suffered as a result of colonialism. Yet significant barriers hinder these efforts. These barriers primarily take the shape of time limitations, diverging conceptions of property and ownership, the high costs involved, and the domestic export and cultural heritage laws of both the source country and the destination country. I argue that these barriers are relics of colonialism that replicate and perpetuate the continued imposition of Eurocentric and Western legal notions and values on subaltern source countries and source indigenous groups. In order to truly move beyond the remaining relics of colonialism into a context where the culture and values of all groups are accorded equal respect, it is important that these barriers be removed.

Sara Ross, Res Extra Commercium and the Barriers Faced When Seeking the Repatriation and Return of Potent Cultural Objects: A Transsystemic Critical Post-Colonial Approach, SSRN Scholarly Paper ID 2755435 (Social Science Research Network), Mar. 28, 2016.

Student note on the blue wave experimental protest

The Spring issue of the Northwestern Journal of Technology and Intellectual Property has published an interesting student note by Jaya Bajaj titled “Art, Copyright, and Activism: Could the Intersection of Environmental Art and Copyright Law Provide a New Avenue for Activists to protest Various Forms of Exploitation?” The piece works best as a thought experiment, and may be an argument used by the many detractors of moral rights for artists to further restrict the expansion of the still-developing series of rights for artists. But I find the article, and the experimental protest to be thoughtful and well-reasoned. Here’s the abstract:

In 2015, a group of activists led by Aviva Rahmani began an artistic venture known as “Blued Trees.” They painted blue sine waves onto trees along a proposed pipeline pathway, and subsequently filed for federal copyright registration. They hoped to use copyright law and the Visual Artists Rights Act as a sword against fossil fuel companies. Although the piece was destroyed later that year as part of the pipeline construction, the “Blued Trees” movement continues. This note will discuss Rahmani’s legal theory and consider this theory’s strengths and weaknesses. This experimental protest brings forth a number of unanswered questions about the nature of copyright law. It is no secret that contemporary art forms, and the mediums involved, are becoming increasingly diverse. Therefore, this note also seeks to address the merits and limitations of current copyright law in terms of environmental and installation art.

Jaya Bajaj, Art, Copyright, and Activism: Could the Intersection of Environmental Art and Copyright Law Provide a New Avenue for Activists to Protest Various Forms of Exploitation?, 15 Nw. J. Tech. & Intell. Prop. 53 (2017).

Context for the Hobby Lobby antiquities forfeiture

An image of one of the cuneiform tablets which accompanied the government’s forfeiture complaint.

Federal prosecutors in Brooklyn have announced  a civil forfeiture proceeding against 5,500 objects from Iraq. The current possessors of the objects have also quickly announced they will not contest the forfeiture, and have agreed to pay a $3 million fine.   The objects were imported by Hobby Lobby and its president, Steve Green, to create the Museum of the Bible in Washington D.C.

The Museum of the Bible, set to open in November near the National Mall in Washington D.C., has been rapidly acquiring antiquities from the Middle east for the last several years. History shows this kind of rapid acquisition with generous financial backing will inevitably lead to buying objects which may be looted, illegally exported, stolen, or orphaned. The questions surrounding the quick acquisition of all these objects has generated speculation for many years that these objects would cause legal difficulties for the museum.

The government’s civil forfeiture complaint tells a fascinating story of how Green traveled to the United Arab Emirates in July of 2010 and agreed to purchase 5,548 objects, including “500 cuneiform bricks, 3,000 clay bullae, 35 clay envelope seals, 13 extra-large cuneiform tablets, and 500 stone cylinder seals”. These objects were then then shipped via Federal Express to Oklahoma City to various different addresses of Hobby Lobby and its subsidiaries. The complaint notes an important reality of customs—not every shipment raises suspicion. Only some of the shipments of this material were seized by customs agents. Five shipments which traveled through Memphis, Tennessee were seized between January 3-5 of 2011. Other shipments successfully reached their destination in Oklahoma City.

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New Issue of the International Journal of Cultural Property

The new issue of the International Journal of Cultural Property is available now, with contributions discussing deaccession, the status of fauna as cultural property, the role Sotheby’s has played in the collection of Maya antiquities, the fascinating case of the Buddhist Mummy, and other contributions. Here is the table of contents with abstracts:

Mann, D. (2017). To Have and To Hold … Or Not? Deaccessioning Policies, Practices, and the Question of the Public’s Interest. International Journal of Cultural Property,24(2), 113-159. doi:10.1017/S0940739117000091

Shockwaves echoed through the media and the arts community when the Delaware Art Museum chose to deaccession pieces from its collection and when the public learned that the Detroit Institute of Arts might be forced to do the same. Further concern arose when financial troubles compelled the Corcoran Gallery of Art to merge with the National Gallery of Art and George Washington University. An examination of the climate and legal battles surrounding these events shows how these institutions chose to cope with the financial adversity that put their collections at risk and illustrates the precarious position of works in a museum’s collection when that museum experiences financial distress. This article explores the ethical, judicial, and legislative frameworks currently governing deaccessioning and ultimately advocates for new legislative solutions to guide the deaccession process in order to provide the opportunity to maintain these works in the public sphere.

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Some thoughts on the New Council of Europe Antiquities Convention

Archeological treasures at the Terme di Diocleziano museum in Rome, Italy, from a recent press event highlighting seized illicit antiquities. Photograph: Claudio Peri/EPA

I have a few initial thoughts on the Council of Europe’s proposed antiquities convention at the Georgetown Journal of International Law online. Here’s just the introduction:

On Friday, May 19, the Committee of Ministers of the Council of Europe will meet to open a new treaty for signatures on a new Convention on Offences relating to Cultural Property. Given that the Council of Europe now has 47 member states, including both Russia and Turkey, the impact of this new Convention could be immense. This is particularly true given that the member states of the Council of Europe include art-acquiring states, transit states, and states with ancient monuments.  The Convention may even allow any non-Council state to sign on to the Convention. The work of this draft Convention could catapult the member states of the Council of Europe to the head of the pack in embracing the complementary international conventions aimed at stemming the illicit trade in cultural property.

The full post is here.