Friday Diversion: Eating in Amelia

I’m receiving a handful of questions each day from folks interested in attending the MA program in Amelia this summer. One of the most common kinds of questions seeks information about the day-to-day during those three months of the program. For those folks, I strongly recommend a look at Catherine Sezgin’s recent series of posts on Amelia. Catherine graduated with the MA Certificate in 2009, and has gone on to do some super writing and research and in her spare time maintains ARCA’s Blog. Have a look:

  1. Profile of Amelia
  2. Punto di Vino
  3. La Misticanza
  4. Porcelli’s beats out Napoli Pizza

We have a really strong pool of applicants so far, but there is still space for more, so I do encourage you to submit an application, the deadline is January 21st.

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

Eating in Amelia

One of my favorite things to think about. I’m receiving a handful of questions each day for folks interested in attending the MA program in Amelia this summer. One of the most common questions ask about the day-to-day during those three months. We have a really strong pool of applicants so far, but there is still space for more, so I do encourage you to submit an application, the deadline is January 21st. In the meantime on a Friday afternoon, I recommend Catherine Sezgin’s series of posts on Amelia. Catherine graduated with the MA Certificate in 2009, and has gone on to do some super writing and research and in her spare time maintains ARCA’s Blog. Have a look

  1. Profile of Amelia
  2. Punto di Vino
  3. La Misticanza

Weber on Liability for Faked or Wrongly Attributed Works of Art in the U.S.

Marc Weber, an attorney in Zurich, has passed along his recent book section on certain aspects of U.S. law dealing with fake or wrongly attributed art works. It appears in a volume honoring Kurt Siehr on his 75th birthday, which appears to be worth seeking out as well, with contributions in both English and German. Marc has made the piece available at his website, and I’ve reproduced the introduction below:

A work of art isn’t always what it seems to be. Sometimes the buyer learns that he has just purchased a forgery and sometimes the seller realizes that he has just sold an original. As with other contract dispute, the dissatisfied party will seek redress in the courts, but the courts are faced with problems that are specific to dispute arising from the sale of art when it comes to fakes, the provenance and authenticity of works of art.

If the sold piece of art is a forgery, the buyer sues for the repayment of the purchase price in exchange for the return of the work of art. The buyer will seek to do the same after having bought a work of art which is not executed by the artist but by his school. The seller attempts to sue the buyer for the return of the work of art in exchange for the restitution of the purchase price, should a work of art sold as a real copy turn out to be the work of the master or a painting from a school is actually a work of the master himself. The legal remedies of the first case (warranty) differ from the ones of the second case (mistake).

In addition to the remedy of rescission of the contract, under certain circumstances, a cause of action for product disparagement may arise. Finally, if artists’ authentication boards or committees are considered as the only authority to authenticate certain pieces of art, breaches of antitrust laws could be claimed.

It is a concise and very lively summary of the relevant legal rules, with helpful summaries of many of the major cases. It is also a suitable tribute to Prof. Siehr, who I have not had the pleasure of meeting, but who has some outstanding scholarly writings which are well-written, scholarly, and sometimes even funny.

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

My Review of "Metal Detecting and Archaeology" in the AJA Online

My review of “Metal Detecting and Archaeology”, edited by Suzie Thomas and Peter G. Stone (2008) is available online at the American Journal of Archaeology. As I wrote in my review, the collection of essays offers new insights into the tension between parts of the public and archaeologists. It’s a collection which has much to offer any thoughtful discussion of the clashes between metal detecting and archaeological study. There are comparative examples of positive contributions metal detectorists can bring to scientific study, and also a frank discussion of the harm done and laws which are broken.

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

Stealing the Mystic Lamb Review

I’ve just finished reading Noah Charney’s “Stealing the Mystic Lamb:  The True Story of the World’s Most Coveted Masterpiece”.  This review should probably begin with a disclosure.  Noah is a friend and colleague, first an internet acquaintance, and now we meet up every summer in Amelia during ARCA’s MA certificate program which he founded

This work tells the story of one massive 2-ton altar piece, the single most stolen work of art of all time, and one that should be familiar to anyone who has taken an introduction to art history course.

After dropping the reader into history as allied forces are searching for the altar piece during World War II, we learn early on that this work was the prize of Hitler and Napoleon.  That this massive masterpiece was nearly destroyed many times over.  Yet somehow it has endured. 

And we should all be glad it has.  The object itself is stunning, Charney in the first chapter takes the reader through the importance of the painting itself, how it helped launch the career of Jan van Eyck, how art historians have puzzled over how much of the work was completed by van Eyck’s brother Hubert, how the artist used intricate symbolism, how it helped usher in the era of oil painting and beautiful detail.  But perhaps most importantly, the discussion of this painting and all it symbolizes reminded me why art matters, and how a stunning work of art can change the way we all see the world, and each viewer gets a chance to re-learn or even re-evaluate those shifts in opinion.  And in the end the work begins with a lively account for why individuals have stolen, mutilated, and coveted this work of art.

Next the reader learns about the artist himself, about the “Magician in the Red Turban”. the reader also learns about attribution, the recent decline of connoisseurship in the appreciation of art, how the movement of art can cause the re-appraisal of works of art as  happened when the Albert Barnes Collection is preparing to move and many of its Old Master paintings were found to have been misattributed.  We learn about the creation of the Louvre, the place the Ghent altarpiece played in the creation of that museum, and how many of the arguments made for a universal museum were made by Dominique Vivant Denon who served as the architect of the art looting during Napleon’s reign.   

Charney spends great care telling the story of the altarpiece during both World Wars, noting the debt we art theft writers owe to Karl Meyer, Robert Edsel and Brett Witter’s fine work telling the story of the Monuments Men, and Lynn Nicholas among many others.  Yet what really comes through in Charney’s book is a breathless story which merges history, towering figures like Napoleon or Hitler and their associates, art, artists, and imagery that revalidates why so many are interested in the study of art theft:  these are really good stories.  And it ends with an epilogue, yet another of the work’s enduring mysteries, that should not be spoiled here.  

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

    Craig Childs on Archaeology

    Craig Childs talks to NPR about his new book “Finders Keepers“:

    Author Craig Childs’ new book, Finders Keepers: A Tale of Archaeological Plunder and Obsession, reads almost like a thriller, chock-full of vendettas, suicides and large-scale criminal enterprises dedicated to the multimillion-dollar trade in antiquities.

    Childs tells NPR’s Audie Cornish that emotions run high in the world of antiquities. “There’s such an attachment to what is the right and wrong thing to do with these objects,” he says. “What is legal? What is illegal? It really rises to the surface to where I know some archaeologists who want pot hunters dead, and I know pot hunters who want archaeologists dead.” His book follows several families of pot hunters who ran afoul of the government after digging up relics on public land.

    And many objects now in museums may not be legal, Childs says. For example, the famous Euphronios krater, an ancient Greek vessel for mixing wine and water, stood in the Metropolitan Museum of Art for almost 40 years. “You’d go into the Met and there it was, in its own display case,” Childs says. “Just beautiful paintings of warriors and gods all around it, one of the finest Greek vessels ever found, and it was sold with paperwork that said, you know, this thing is legal.” But an extensive investigation proved that the krater had been looted from an Etruscan tomb in Italy, and in 2008 the Met returned it to the Italian government.

    Audio after the jump

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

    Fanizzo on Property Management and the Antiquities Act

    Via the Land Use Prof Blog I see that Kelly Y. Fanizzo (Temple) has posted Politics, Persuasion, and Enforcement: Property Management Under the Antiquities Act.  Here is her abstract:

    Recognizing the tremendous loss to the nation that results from unchecked collecting and vandalism, Congress passed the Antiquities Act in 1906 to preserve threatened historic and scientific structures, ruins, and objects and protect against the loss of valuable scientific data. Granting considerable authority to the President, the Antiquities Act provides for the designation of national monuments through the withdrawal of public land. Over the past decades, numerous monument designations have raised questions about the limits of the President’s role in federal land management. But practical questions looming just beyond the President’s ability to designate a national monument only recently surfaced in a challenge to the Bureau of Land Management’s (BLM) grazing policies in the Sonoran Desert National Monument. This case before the Arizona District Court focused on the BLM’s management of the national monument, and not the process of its designation. This challenge sparked a discussion on how the protective intent of a monument proclamation can be best achieved. It asked what is the President’s authority to manage a national monument and when can a third party sue to force an executive agency to comply with the monument proclamation’s terms. This paper argues that consistent judicial review of an agency’s management of a monument can help national monument designations maintain their protective purpose. In the context of the Antiquities Act and more broadly, using this challenge as a case study allows us to consider what teeth are left in this law, now on the books for over a hundred years, to protect significant historic and scientific resources.

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

    Personal Note

    Greetings readers.  I beg your apologies for the light posting in recent weeks.  Joni and I have been undertaking a move from New Orleans to Houston, where I will take up a position as Assistant Professor at South Texas College of Law.  I hope to have lots more time for posting here in the coming months.

    I’ve also taken on a role with ARCA (the Association for Research into Crimes against Art).  Many of you are probably familiar with this organization.  I’ve taken on a co-directorship with my wife Joni.  She’ll be bringing her experience in running and operating non-profit organizations, and I’ll have a terrific opportunity to run the Masters certificate program held in Amelia, Italy each summer.

    It has been a very fast four years since I first started posting here about law and art, and I thank you for your continued readership.  These new opportunities should help to continue to elevate the importance of heritage law and policy, and provide invaluable opportunities to write and think about these important ideas.

    Thanks as always for reading!

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

    Footnotes

    Philome Obin’s “Last Supper” at the Cathedral of Sainte Trinite in Haiti

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