A New Museum Position: Curator of Provenance

A Medallion looted during WWII

Geoff Edgers had a terrific piece over the weekend profiling Victoria Reed, curator of provenance at the MFA Boston. Her position was created in 2010, and is unique in the museum community. She is according to the piece the only curator of provenance at an American museum, a post which can put her in an uneasy position, recommending that the museum should not acquire objects with insufficient history.

Enter Victoria Reed, the MFA’s curator of provenance. Her job, which is almost as rare in the museum world as is the medallion, is to research works with questionable histories both in the collection and on the MFA’s shopping list. As a result, Reed’s other job is to break curators’ hearts. Through months of research, Reed traced the medallion to a museum in Gotha, Germany, that she knew had been looted during the Nazi era. With that information, the MFA’s jewelry curator, Yvonne Markowitz, put the brakes on its purchase. And in September, the Art Loss Register announced that S.J. Phillips Ltd., the dealer who had offered the medallion, would be returning it to the Castle Friedenstein museum.

This can’t be an easy position to be in, but as more scrutiny attaches to museums, their collection, and their acquisitions, this kind of position will likely become more and more common. The market and dealers have not been adequately accomplishing this painstaking but necessary task, but perhaps they should be.

Paying for a position like this can be difficult given the funding climate for many museums. The piece notes that the position was funded by an MFA Boston donor, Monica S. Sadler, who stipulated that her position should not be cut from the museum’s budget. So other benefactors to museums out there, if you are concerned with the practice at your local museum, give a gift with similar stipulations. Easier said than done of course, but all parties involved should be praised for undertaking an important piece of reform which really could continue to substantially change the importance of provenance research. The piece deals primarily with works of art and paintings, but a position like this which examines antiquities could have even more far-reaching consequences for repatriation and acquisition.

  1. Geoff Edgers, A detective’s work at the MFA, The Boston Globe, December 11, 2011, http://bostonglobe.com/arts/2011/12/11/detective-work-mfa/6iaei4YOQOj83s9u3YfDXO/story.html?s_campaign=sm_fb (last visited Dec 13, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

Madison on "Knowledge Curation"

Michael Madison (Univ. of Pittsburgh School of Law) has posted his recent article titled “Knowledge Curation“, published in the Notre Dame Law Review, on SSRN:

This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types of creativity and knowledge, from scholarship and research to commercial entertainment and so-called “User Generated Content”; distinctions among objects, works of authorship, and legal rights accompanying both; distinctions among creations built to last (sometimes called “sustained” works), creations built for speed (including “ephemeral” works), and creations barely built at all (works closely tied to the authorial “self”); and distinctions between analog and digital contexts.

Prof. Madison has a number of interesting things to say about culture, creativity and technology. He I think pays too little attention to the rule role cultural heritage laws play in the stewardship of knowledge and heritage, but he acknowledges the piece asks more questions than it answers. In examining how we decide what to save and “curate” from our past, it perhaps offers yet another implicit reason for increased attention to heritage awareness and protection, highly recommended.

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

Another Black Mark on the Art Trade

As the NYT describes this, “a painting no longer attributed to Mark Motherwell”

It really shouldn’t come as a surprise that federal agents are investigating recent sales of modern works by artists like Robert Motherwell and Jackson Pollock, but it does. In a very good piece of reporting by Patricia Cohen we learn that the Knoedler Gallery in New York has abruptly decided to close after 165 years, perhaps to avoid a suit by Pierre Lagrange. Lagrange purchased a work purported to be by Jackson Pollock, for $17 million in 2007, yet forensic study of the painting reveals that two paints in the canvas had not been produced at the time Pollock was painting. Oops as Rick Perry would say.

The suspect works of art were supplied by Glafira Rosales, who claimed to have direct access to artists like Rothko, Pollock, Motherwell and others. The story of these works is a sadly familiar one, they were “bought by an unnamed collector in the 1950s from the artists”, then when this collector died their were passed on to a “close family friend” who lived in Mexico and Switzerland, who insisted of course on anonymity. One is hard pressed to fell much sympathy for the dealers and galleries who still rely on these ridiculous provenances. They pollute our collective cultural heritage and defraud future generations. The same stories emerge from nazi-era restitution disputes, recently-emerged antiquities, and forged artworks. When these vast sums of money and important pieces of our heritage are at stake, some sectors of the art market continue to put expedience and short-term gain first. And sadly its a lack of meaningful scrutiny and regulation of these transactions. Thirty years ago Paul Bator argued the art trade is shrouded in secrecy, and sadly not much has changed.

Felix Salmon also looks to the role storytelling plays in all this:

The point here is that the art market, like the stock market, runs on a combination of trust and storytelling ability. The most expensive artists are nearly always those who can be credibly placed into central slot in the history of art; one of the main reasons that Abstract Expressionists in general are so expensive is because they have spent decades as the very heart of MoMA’s collection, which presented them as the pinnacle of 20th Century art, the artists standing on the shoulders of people like Picasso. When gallerists sell paintings, they tell stories not only about the work, but also about the story behind the work, conjuring up romantic notions of dealings between Robert Motherwell and Mexican sugar magnates, brokered by “man named Alfonso Ossorio”. So long as the institution selling the work is trustworthy, potential buyers tend to take such stories at face value — and, of course, they have a vested financial interest in those stories being true, the minute they actually buy the piece.

  1. Patricia Cohen, Federal Inquiry Into Possible Forging of Modernist Art, The New York Times, December 2, 2011, http://www.nytimes.com/2011/12/03/arts/design/federal-inquiry-into-possible-forging-of-modernist-art.html (last visited Dec 6, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

Footnotes

Defendants allege the FBI induced them to steal this Monet and four other works in 2007
Questions or Comments? Email me at derek.fincham@gmail.com

Fisk University Wins Appeal

OKeeffes Radiator Building
Georgia O’Keeffe Radiator Building

In a 2-1 decision Fisk University has won an appeal against the state of Tennessee which will allow it to sell a partial share in works of art to the Crystal Bridges Museum in Arkansas. The Tennessean reports today that the proceeds from the sale can be used as Fisk sees fit, it will not have to set aside 2/3 ($20 million) of the proceeds to care for the art. This is the latest, but not the last ruling in a dispute which has been ongoing since Fisk decided in 2004 to help offset its financial difficulties by selling works of art donated by Georgia O’Keeffe and her husband Albert Stieglitz.

Fisk officials called the ruling a victory: “On behalf of the many students who attend and the faithful alumni and friends, we look forward to working out the details with the Chancery Court and the (Tennessee) Attorney General,” said Fisk President Hazel R. O’Leary. We will never know for certain whether O’Keeffe would have approved of the sale of part of the collection, and as a consequence sharing the art in the South equally between Fisk and Crystal Bridges makes good sense for the University and the Museum, and art patrons in the South. It seems an interesting bit of timing that just as the Court of Appeals released its decision, Crystal Bridges is opening as well. The long legal battle is nearly done, as it will now be up to The State Attorney General, Fisk and the Chancery Court of Davidson County to work out the final arrangements for the sale in accordance with the latest appellate ruling.

  1. Brian Haas, Court validates Fisk’s Georgia O’Keeffe art-sharing deal, Tennessean,  (last visited Nov 30, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

Art Crime and War Course in Hamilton, New Zealand

Hamilton, New Zealand
One of the highlights of ARCA’s Certificate program each summer is a course taught by Judge Arthur Tompkins. For those willing and able to make it to New Zealand in February, which is the Antipodean summer, the University of Waikato’s Te Piringa-Faculty of Law and the University’s Centre for Continued Education have recently announced a forthcoming five-day summer intensive course, entitled “Art Crime during Armed Conflict”.

I cannot recommend Judge Tompkins’s course highly enough, he covers art and war from ancient times in Greece and Rome up to the present Iraq and Afghanistan conflicts.

Here are the details:
Continuing Education Flyer for Art Crime During Armed Conflict

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

"Antiquities and Archaeology" in the Art Newspaper

Three fine articles in the November issue of the Art Newspaper examine where museums and nations go from here after the events of the last ten years. The rules are changing; objects have been returned, and more returns are on the way. When laws have been broken, objects were returned, and precedents are being set. 

As a consequence, the way museums deal with antiquities is changing. As Max Anderson says in Erica Cooke’s article, museums are moving away from “treasure houses” and acting instead as stewards of these objects and the heritage. And this may be forced on museums in any respect, as there are indications Italy will continue its recent efforts to stem the illegal trade in antiquities. 

Fabio Isman reports:

Will the return of objectsfrom sites like Cerveteri continue?

[Paolo] Ferri says that the ministry is now looking carefully at “cryptic provenances” such as “Swiss private collection, 1980s” or “English, after 1975” with a view to introducing new legislation.

. . .
It is also worth noting that one of the first things that Ferri has done, since his transfer to the ministry of culture, has been to sharpen its focus on tracking stolen antiquities. The carabinieri are discovering the location of hundreds of antiquities, dug up illegally throughout the country and smuggled abroad from 1970 onwards. Many are in the possession of 40 or more major museums.

“Our intention is not just to get them back but to put a stop to trafficking,” says Ferri, “and I think we are having a degree of success: many museums and countries have changed their rules and regulations. It is not a question of property, but of morality. If the role of museums is to educate, they cannot possibly hang on to illegal artefacts.”

 In a piece by Mauro Lucentini the two authors of “Chasing Aphrodite” offer their thoughts on where things should go from here. Felch notes the important stage we have entered:

This is a critical moment for both parties . . . The coming years will determine whether the spirit of co-operation that now prevails might amount not simply to an armistice, but all-out peace. The Italians must resist the temptation to continue with their iron-fist approach which, in the end, will cost them the public support in the US they have enjoyed until now.

And Frammolino argues something similar, “art is Italy’s best ambassador” and that more pieces from Italy should be displayed at the Met. After my experience in Naples last summer, I tend to agree. But I also have a great deal of sympathy for the Italian position, and I’m not sure their approach has been all that “iron-fisted” as Felch describes it. I think the Italians could have been far far more aggressive, and some Italians I’ve spoken with have said they want a stronger approach, and more objects should be returned, and more collectors and museum officials should have been targeted. For me, the importance of this period will be the precedent set for future action. I’m currently working on a project thinking about the concept of justice, and how legal principles, and collective action should work towards a just result for museums, the public at large, future generations, and nations of origin. It looks to be an exciting time to continue thinking and monitoring these issues.

  1. Erica Cooke, What should we do with “our” antiquities?, The Art Newspaper (2011), http://www.theartnewspaper.com/articles/What+should+we+do+with+%E2%80%9Cour%E2%80%9D+antiquities%3f/25018 (last visited Nov 17, 2011).
  2. Fabio Isman, Justice is slow, but Italy has not given up the fight, The Art Newspaper (2011), http://www.theartnewspaper.com/articles/Justice+is+slow%2c+but+Italy+has+not+given+up+the+fight/24989 (last visited Nov 17, 2011).
  3. Mauro Lucentini, Has peace broken out after the trial of Marion True?, The Art Newspaper (2011), http://www.theartnewspaper.com/articles/Has+peace+broken+out+after+the+trial+of+Marion+True%3f/24988 (last visited Nov 17, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com

Call for Papers, SLSA Conference in Leicester

Janet Ulph and Charlotte Woodhead are looking for folks interested in contributing Themes at the SLSA Annual Conference next April in Leicester. Here are the details:
slsa-logoConvenors, Professor Janet Ulph ulphju13 “at” leicester.ac.uk University of Leicester and Charlotte Woodhead c.c.woodhead “at” warwick.ac.uk University of Warwick. 
This theme seeks to bring together discourse on the interface between, art, culture, heritage and the law. To this end papers will be welcomed concerning the legal and non-legal regulation of art, culture and heritage as well as the rights which exist in respect of these. Furthermore, participants may wish to engage in debates concerning the role played by morality in the context of preservation of the past and the need to curb the illicit trade in cultural objects. Papers may include, but are not limited to:
  • The de-accessioning or acquisition of objects from museums and other cultural institutions;
  • Legal protection of artistic works, the built environment and objects of cultural importance;
  • The illicit trade in cultural objects;
  • The relationship between property and culture;
  • Cultural rights and human rights;
  • Cultural institutions and the law;
  • Minority rights and interests relevant to culture and heritage;
  • Art and aesthetics and their relationship to law;
  • Cultural discourse on law; and
  • Law and humanities
Questions or Comments? Email me at derek.fincham@gmail.com

Footnotes

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

France Seizes Painting Stolen in 1818

Christ Carrying the Cross, Nicolas Tournier

The owner of Weiss Gallery in London is in “complete shock” after officials from the French ministry of culture have refused to allow The Carrying of the Cross, by Nicolas Tournier to be taken from France back to England. The gallery purchased the painting at a Maastricht art fair last year for 400,000 Euros. The gallery took it to a small old master art fair in Paris called Paris Tableau, but France has now detained the work of art.

Mark Weiss, the owner of the gallery stated “I’ve been in communication with the director of the Toulouse museum since I acquired the painting in 2010, and at no stage has he ever stated that the picture was a stolen painting.” The work originally hung in a chapel in Toulouse, but during the French Revolution the work was confiscated and moved to a museum. It was then apparently stolen from a museum in 1818. It would be interesting to know more about what those conversations were like between Weiss and the Toulouse museum.

France has argued this is the rediscovery of a long-lost work, yet it was stolen nearly two centuries ago. Have there been persistent claims for its return? I’m not sure. It is difficult to envision the French have the legal right to seize the painting so long after its theft. They do have the de facto power perhaps to temporarily detain the work, and make life very difficult for the gallery owner. Any experts in the area of French law care to offer any opinions? The newspaper accounts have merely focused on the seizure, without diving into the merits.

  1. AFP: British gallery rejects France’s claim to painting, (2011) (last visited Nov 9, 2011).
Questions or Comments? Email me at derek.fincham@gmail.com