Illicit Cultural Property

Rowan the black Labrador finds 6,000 year-old Axe head

Rowan, an intrepid black lab unearthed a neolithic axe head near Drum Castle, just outside Aberdeen, Scotland. She dropped it on her owner’s foot as they were walking around the wooded estate. The dog’s owner took it back to the Castle, and handed it over to a National Trust for Scotland archaeologist.

I must admit that I’ve taken my own dog, a french spaniel named Morteau, out to walk on this estate many times, but he did not come up with any antiquities for me. He was too concerned with the pheasants apparently.

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

Getty Set to Return Gold Funerary Wreath? (UPDATED)

The New York Times today cites an anonymous source who claims that the Getty Museum has agreed to return this 4th-century B.C. gold funerary wreath to Greece. A press conference has been scheduled at noon in Athens to announce the agreement. The Getty first acquired the wreath in 1993, but there has been a growing body of evidence presented to the institution that the wreath was unearthed by a farmer in 1990 near Serres, in Northern Greece, and entered the market through Switzerland and Germany. The agreement may also involve a 6th-century B.C. marble statue, which has also been claimed by Italy. As I’ve written earlier, the Getty has agreed to return 26 objects out of 52 claimed by Italy, after negotiations between the two broke down. The fact that both Italy and Greece are claiming the object cuts against both nation’s arguments, though it seems Italy has since abandoned its claim to the statue.

Perhaps the Greek Culture Minister Georgios Voulgarakis’ address to the UN General Assembly, might have been planned to set the stage for today’s announcement. It might also indicate increasingly close ties between Greece and Italy. The Greeks seem to be adopting some of the more aggressive repatriation strategies employed by their neighbors. In the NYT, Voulgarakis has outlined an accord between Italy and Greece which would form a united cultural policy, and could even help the countries pursue claims jointly. The new Italian strategy employs prosecutions, public pressure, and bilateral agreements with transit states like Switzerland as well as market states like the US or UK. Interestingly, the headlines have been made, and repatriation has occurred not by using International Treaties, such as the 1970 UNESCO Convention, but by working with individual nations and employing existing domestic law. It’s not clear either how much today’s announcement will impact a potential prosecution of former Getty curator Marion True in Greece. She is currently on trial in Rome.

It will be interesting to watch how successful this Greek/Italian cultural alliance will actually be. Public opinion seems to be favoring their position at this point, but Voulgarakis may want to be a bit more diplomatic about his public comments if he wants that to continue. In the NYT, he says that “…the Parthenon frieze has to be reunified, otherwise it has no historical value.” I can certainly appreciate the Greek desire to have the Parthenon sculptures returned, and they have a number of good claims, but the idea that they have no historical value hanging in the British Museum is simply preposterous, and does not strike me as a particularly useful way to conduct negotiations.

I would like to know more about how this object was found. If it was a chance find, that might make for a slightly different situation than occurs when individuals simply dig into tombs or other cultural sites. Chance finds are a point of contention, as internationalists point out that restraints on alienation of cultural property do not satisfactorily deal with them.

UPDATE:

The AP is now reporting that the Getty Museum has indeed announced it will return the funerary wreath, along with the marble statue. An agreement has been reached in principle, but details have yet to be released. It’s still not clear whether the agreement will impact any potential criminal charges.

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

UN General Assembly Adopts a Greek Cultural Property Resolution

Earlier this week, the UN General Assembly unanimously adopted a resolution tabled by Greece on “The Return or Restitution of Cultural Property to their Countries of Origin”. The resolution lacks any real bite, as most resolutions of the General Assembly are symbolic in nature. However, it does indicate continued pressure by the Greeks on foreign nations to seek the return of Greece’s cultural property. Most notably, the Parthenon sculptures, or Elgin marbles as they are often referred to in the UK.

The Greek culture minister, George Voulgarakis hailed the initiative as “an exceptionally important event”. Discussing the Parthenon Marbles, he said “The adoption of this resolution in itself signals and guides the countries to help so that the antiquities from all over the world will return to their homes. Greece will always seek and strive, in that direction, for the return of the Parthenon Marbles to their rightful place”.

A great deal has been written about the Parthenon Marbles, and whether they should remain in the UK, or return to Greece. One noted scholar in this field, John Merryman, has argued that the sculptures should stay in the British Museum, because they have been resting there peacefully for nearly 200 years. The debate is an emblematic one in many ways for the two primary schools of thought on cultural policy, the cultural nationalists and internationalists. This discussion by the Greek minister of culture seems an effort to try to continue to pressure the UK into returning the sculptures. Perhaps he is learning some lessons from the Italians and their aggressive recent efforts at repatriation, though I think forcing the British Museum to share some or all of the sculptures will truly be a herculean task.

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

Donny George hired at Stony Brook University

Donny George, the former director of the Iraqi National Museum in Baghdad has been hired as a visiting professor at Stony Brook University on Long Island. George left Iraq recently, after he feared for his safety. For many, he was the public face of the much-publicized (and sometimes over-exaggerated) theft and looting of Iraqi antiquities in 2003. George featured prominently in Matthew Bogdanos’ work, Thieves of Baghdad, which I discussed earlier here. It is indeed unfortunate that George cannot continue his work in Iraq, but the situation there seems to be growing increasingly unstable. Unfortunately, protecting the nation’s antiquities, and ancient sites, is not a priority for the Iraqi government, nor the foreign forces stationed there.

The picture is of the ancient city of Babylon, taken by an American soldier from a blackhawk helicopter with his digital camera.

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

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